UFC GYM Class

TERMS OF USE

AGREEMENT TO TERMS OF USE

The following are the terms and conditions of use (the “Terms of Use”) of the website located at www.classbyufcgym.com (the “Website”). The Website is the property of Ultimate NeV, LLC d/b/a Class by UFC Gym (“Class”). 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 Class 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. To the extent you are covered by laws requiring your consent for data transfer to the United States, you agree that your data may be transferred to the United States and collected and used accordance with our Privacy Policy.

 

COPYRIGHT NOTICE

The content and information displayed on this Website is the property of Class. 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. Class reserves complete title and full intellectual property rights in any content you downloaded from the Website.

 

SERVICES

Class offers various online services, programs and information (“Website Services”) through the Website. You understand and agree that the Website Services are provided on an 'AS-IS' and 'AS AVAILABLE' basis and that Class 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. Class 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 Class, its operations, programs and offers, please contact a Class location or the corporate contact information provided on the Website.

 

SUBMISSIONS 

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

 

You shall have no right of confidentiality in your communications and Class shall have no obligation to protect your communications from disclosure;

 

Class shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and Class 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.

 

TRADEMARKS 

'Ultimate Fighting®,' 'UFC®,' 'The Ultimate Fighter®,' 'Ultimate Fighting Championship®,' 'As Real As It Gets®,' and 'UFC Gym®' are registered trademarks, trademarks or service marks owned exclusively by Zuffa, LLC in the United States and other jurisdictions and licensed to Class. All other marks referenced herein may be the property of Zuffa, LLC or other respective owners.

 

ACCESS FROM OUTSIDE THE U.S. 

This Website is controlled and operated by Class from its offices within the United States. Class makes no representation that materials in the Website are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

 

LINKS TO THIRD-PARTY WEBSITES AND CO-BRANDED WEBSITES

The Website may contain links to third-party websites, however, please be aware that Class 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 Class. Class 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 Class logo, please understand that it is independent from Class, and that Class may have no control over the content on that website. In addition, a link to another website does not mean that Class 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.

 

CLASS 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 CLASS 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. CLASS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. CLASS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CLASS 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 CLASS 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 CLASS, ITS PARENTS, 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 Class. As a condition of your use of the Website, 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, Class (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 Class, 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.

 

COPYRIGHT POLICY 

Class respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Class's Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; a description of where the material that you claim is infringing is located on the Website, including the URL; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Class's copyright agent for notice of claims of copyright infringement can be reached as follows:

Attn: Class by UFC Gym Legal Department
1241 E. Dyer Road, Ste. 100
Santa Ana, CA 92705
Email: privacy@ufcgym.com

 

CHILDREN 

The Website Services are not intended for use by children. If you are under the age of 18, you may not use our Website Services. By accepting this agreement, you agree and warrant that you are not under the age of 18.

 

MODIFICATION

Class 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 October 19, 2017.

 

DISPUTE RESOLUTION; GOVERNING LAW; JURISDICTION

By using the Website, you and Class agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Website, 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 Class at:
Class by UFC Gym
1241 E. Dyer Road
Santa Ana, California 92705
Attention: Legal Department

 

to you at: your last-used billing address or the billing and/or shipping address that we may have on file for you

 

Both you and Class 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 California, USA. The rights and liabilities of the parties shall be determined in accordance with the law of the State of California, 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 Class, by postal mail at the following address: Class by UFC Gym, 1241 E. Dyer Road, Ste. 100, Santa Ana, CA 92705. If you are a California 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 UFC Gym, Attn: Website Manager, 1241 E. Dyer Road, Ste. 100, Santa Ana, CA 92705 (in the case of Class) or by e-mail to the e-mail address you provide to Class 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 Class with regard to your use of the Website, and any and all other written or oral agreements or understandings previously existing between you and Class 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 and the remaining provisions.