The following are the terms and conditions of use (the ‘Terms of Use’) of the website located at lifetimekickboxing.com (the ‘Website’). The Website is the property of Lifetime Kickboxing Gym® (‘Lifetime Kickboxing’). By accessing, browsing and/or otherwise using the Website you acknowledge that you have read, understood, and agree, to be bound by these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE WEBSITE.

Please note the arbitration provision set forth below, requiring you to arbitrate any claims you may have against Lifetime Kickboxing on an individual basis. Arbitration on an individual basis means that you will not have, and you waive, the right for a judge or jury to decide your claims, if any, and that you may not proceed in a class, consolidated, or representative capacity.

PRIVACY

By agreeing to this agreement, you also consent to the privacy practices set forth in our Privacy Policy, which may be modified as set out in the Privacy Policy. The terms and conditions of our Privacy Policy are incorporated herein and made a part of these Terms of Use.

COPYRIGHT NOTICE

The content and information displayed on this Website is the property of Lifetime Kickboxing. The downloading, reproduction, or retransmission of this information, other than for non-commercial individual use, is strictly prohibited. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading.

SERVICES

Lifetime Kickboxing offers various services, programs and information through the Website. You understand and agree that the Website Services are provided on an ‘AS-IS’ and ‘AS AVAILABLE’ basis and that Lifetime Kickboxing assumes no responsibility for, among other things, any service outages or interruptions, the unavailability of particular features or services, or the inability to access all or part of the Website Services. Lifetime Kickboxing reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. We will make every effort to keep content on this Website current, we do not guarantee it is the most up to date information available. For up-to-the minute information on class changes, contact information and any other information regarding Lifetime Kickboxing, its operations, programs and offers, please contact an Lifetime Kickboxing location or the corporate contact information provided on the Website.

SUBMISSIONS

Any communications or submissions to Lifetime Kickboxing, including, but not limited to, feedback, questions, comments, suggestions shall be and will remain the exclusive property of Lifetime Kickboxing:

You shall have no right of confidentiality in your communications and Lifetime Kickboxing shall have no obligation to protect your communications from disclosure; Lifetime Kickboxing shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and Lifetime Kickboxing shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.
As such, we ask you to not send us any confidential or proprietary information or ideas.

LINKS TO THIRD-PARTY WEBSITES AND CO-BRANDED WEBSITES

The Website may contain links to third-party websites, however, please be aware that Lifetime Kickboxing is not responsible for and cannot control these other websites. The Website may also contain links to co-branded websites that are maintained by third parties by agreement with Lifetime Kickboxing. Lifetime Kickboxing makes no representations whatsoever about any other website and explicitly disclaims any responsibility for the accuracy, completeness or availability of information, content and materials found on any third-party or co-branded website. When you access any other websites, even one that may contain the Lifetime Kickboxing logo, please understand that it is independent from Lifetime Kickboxing, and that Lifetime Kickboxing may have no control over the content on that website. In addition, a link to another website does not mean that Lifetime Kickboxing endorses or accepts any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever website you select for your use is free of viruses, contamination or other items of a destructive nature.

LIFETIME KICKBOXING IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY OR CO-BRANDED WEBSITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY OR CO-BRANDED WEBSITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.

NO WARRANTY

YOU UNDERSTAND AND AGREE THAT Lifetime Kickboxing AND ITS SUPPLIERS, PROVIDE THE WEBSITE SERVICES ON AN “AS IS” AND ‘AS AVAILABLE’ BASIS. ALL INFORMATION ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE LIFETIME KICKBOXING CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. LIFETIME KICKBOSING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LIFETIME KICKBOXING DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND/OR ANY WEBSITE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST Lifetime Kickboxing FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS PART OF THE BARGAIN BETWEEN THE PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

LIABILITY LIMITATION

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL Lifetime Kickboxing, ITS AFFILIATES OR OUR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE OR FROM INFORMATION PROVIDED ON THE WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

YOUR RESPONSIBILITIES

You agree to comply with all applicable laws in connection with your use of the Website, and such further limitations as may be set forth in any written or on-screen notice from Lifetime Kickboxing. As a condition of your use of the Websites, you warrant that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. All information that you provide in connection with any interaction with the Websites must be accurate, complete, and current. By using the Website, you agree not to violate or attempt to violate the security of the Website, including, by way of illustration but not limitation, actions such as accessing data not intended for you or logging into a server or account that you are not authorized to access; attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the Website; sending unsolicited e-mail, including promotions and/or advertising of products or services; and forging any TCP/IP packet header or any part of the header information in any e-mail or posting.

VIOLATION OF TERMS OF USE; INDEMNITY

If you do not comply with these Terms of Use, Lifetime Kickboxing (in its sole discretion and without limitation of its other rights or remedies) may terminate your access to the Website and/or block your future access to the Website. You agree to indemnify and hold Lifetime Kickboxing, its officers, members, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates harmless from any demands, loss, liability, claims or expenses, including attorneys’ fees, made by any third party due to or arising out of your use of the Website.

MODIFICATION

Lifetime Kickboxing may amend the Terms of Use at any time by posting the amended terms on the Website. All amendments shall be effective upon posting. Your use of the Website Services following the effective date of any modifications shall constitute your acceptance of those modifications. These terms of use were last modified November 1, 2017.

DISPUTE RESOLUTION; GOVERNING LAW; JURISDICTION
By using the Website, you and Lifetime Kickboxing agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Websites, or the breach, enforcement, interpretation, or validity of these Terms of Use or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to Lifetime Kickboxing at:

Lifetime Kickboxing
1835 West Hillsboro Blvd.
Deerfield Beach FL, 33442

Attention: Legal Department

Both you and Lifetime Kickboxing agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms of Use, including any claim that all or any part of these Terms of Use are void or voidable.

You agree that all matters related to your access to or use of the Website, including all disputes, will be governed by the laws of the State of Florida, USA. The rights and liabilities of the parties shall be determined in accordance with the law of the State of Florida, without regard to its principles of conflicts of laws. You agree that any claim or cause of action arising out of or related to use of the Website Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

SEVERABILITY

If any one or more of the provisions of these Terms of Use shall be for any reason whatsoever held invalid, then such provisions shall be deemed severable from the remaining provisions and shall in no way affect the validity or enforceability of the other provisions of these Terms of Use.

CONTACT INFORMATION

You can contact the Lifetime Kickboxing, by postal mail at the following address: Lifetime Kickboxing, 1835 West Hillsboro Blvd. Deerfield Beach FL, 33442. If you are a Florida resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information. Except as explicitly stated otherwise, any notices shall be given by postal mail to Lifetime Kickboxing, Attn: Website Manager, 1835 West Hillsboro Blvd. Deerfield Beach, FL 33432 (in the case of Lifetime Kickboxing) or by e-mail to the e-mail address you provide to Lifetime Kickboxing during the registration process (in your case).

GENERAL

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. These Terms of Use constitute the entire agreement between you and Lifetime Kickboxing with regard to your use of the Website, and any and all other written or oral agreements or understandings previously existing between you and Lifetime Kickboxing with respect to such use are hereby superseded and cancelled. You agree that if any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck.