LA Boxing

LA BOXING TERMS OF USE

LA BOXING WEB SITE TERMS OF USE

1. ACCEPTANCE OF TERMS. LA Boxing provides a collection of online resources,
including classified ads, forums, and various email services, (referred to
hereafter as ”the Service”) subject to the following Terms of Use (“TOU”).
By using the Service in any way, you are agreeing to comply with the TOU.
In addition, when using particular LA Boxing services, you agree to abide
by any applicable posted guidelines for all LA Boxing services, which may
change from time to time. Should you object to any term or condition of the
TOU, any guidelines, or any subsequent modifications thereto or become
dissatisfied with LA Boxing in any way, your only recourse is to immediately
discontinue use of LA Boxing. LA Boxing has the right, but is not obligated,
to strictly enforce the TOU through self-help, community moderation, active
investigation, litigation and prosecution.

2. MODIFICATIONS TO THIS AGREEMENT. We reserve the right, at our sole
discretion, to change, modify or otherwise alter these terms and conditions
at any time. Such modifications shall become effective immediately upon the
posting thereof. You must review this agreement on a regular basis to keep
yourself apprised of any changes. You can find the most recent version of the
TOU at: http://www.laboxing.com/terms-of-use.htm

3. CONTENT. You understand that all postings, messages, text, files, images,
photos, video, sounds, or other materials (“Content”) posted on, transmitted
through, or linked from the Service, are the sole responsibility of the person
from whom such Content originated. More specifically, you are entirely
responsible for each individual item (“Item”) of Content that you post, email
or otherwise make available via the Service. You understand that LA Boxing
does not control, and is not responsible for Content made available through
the Service, and that by using the Service, you may be exposed to Content
that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
Furthermore, the LA Boxing site and Content available through the Service
may contain links to other websites, which are completely independent of LA
Boxing. LA Boxing makes no representation or warranty as to the accuracy,
completeness or authenticity of the information contained in any such site.
Your linking to any other websites is at your own risk. You agree that you
must evaluate, and bear all risks associated with, the use of any Content,
that you may not rely on said Content, and that under no circumstances will
LA Boxing be liable in any way for any Content or for any loss or damage of
any kind incurred as a result of the use of any Content posted, emailed or
otherwise made available via the Service. You acknowledge that LA Boxing
does not pre-screen or approve Content, but that LA Boxing shall have the
right (but not the obligation) in its sole discretion to refuse, delete or move
any Content that is available via the Service, for violating the letter or spirit of
the TOU or for any other reason.

4. THIRD PARTY CONTENT, SITES, AND SERVICES. The LA Boxing site and
Content available through the Service may contain features and functionalities
that may link you or provide you with access to third party content which
is completely independent of LA Boxing, including web sites, directories,
servers, networks, systems, information and databases, applications,
software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through
the Service, including payment and delivery of goods or services, and any
other terms, conditions, warranties or representations associated with such
dealings, are solely between you and such organizations and/or individuals.
You should make whatever investigation you feel necessary or appropriate
before proceeding with any online or offline transaction with any of these
third parties. You agree that LA Boxing shall not be responsible or liable for
any loss or damage of any sort incurred as the result of any such dealings. If
there is a dispute between participants on this site, or between users and any
third party, you understand and agree that LA Boxing is under no obligation
to become involved. In the event that you have a dispute with one or more
other users, you hereby release LA Boxing, its officers, employees, agents
and successors in rights from claims, demands and damages (actual and
consequential) of every kind or nature, known or unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way related
to such disputes and / or our service. If you are a California resident, you
waive California Civil Code Section 1542, which says: “A general release does
not extend to claims which the creditor does not know or suspect to exist in
his favor at the time of executing the release, which, if known by him must
have materially affected his settlement with the debtor.”

5. PRIVACY AND INFORMATION DISCLOSURE. Your use of the LA Boxing
website or the Service signifies acknowledgement of, and agreement to,
our Privacy Policy. You further acknowledge and agree that LA Boxing may,
in its sole discretion, preserve or disclose your Content, as well as your
information, such as email addresses, IP addresses, timestamps, and other
user information, if required to do so by law or in the good faith belief that
such preservation or disclosure is reasonably necessary to: comply with legal
process; enforce the TOU; respond to claims that any Content violates the
rights of third-parties; respond to claims that contact information (e.g. phone
number, street address) of a third-party has been posted or transmitted
without their consent or as a form of harassment; protect the rights,
property, or personal safety of LA Boxing, its users or the general public.

If you have any questions about this Privacy Policy, please feel free to contact
us through our website or write to us at:

Privacy Matters
c/o LA Boxing Franchise Corporation
2915 Tech Center Drive
Santa Ana, California, 92705
USA

Information we collect and how we use it:

Information you provide – When you go to our website
(www.laboxing.com) and request to attend a free LA Boxing class, we ask you
to submit your personal information. We obtain your personal information
solely for the purpose of assisting you in becoming a member of an LA Boxing
fitness center. We combine the information you submit with information from
our third party membership processor in order to provide you with a better
experience and to improve the quality of our Services. For certain Services,
we may give you the opportunity to opt out of combining such information.
You can use the third party dashboard to learn more about the information
associated with your account. We, along with the third party administrator,
will have access to your account information including your email address
and phone number. You can contact the third party’s administrator for more
information on their privacy policy.

User communications – When you send email or other communications
to LA Boxing, we may retain those communications in order to process your
inquiries, respond to your requests and improve our Services. When you
send and receive SMS messages to or from one of our services that provides
SMS functionality, we may collect and maintain information associated with
those messages, such as the phone number, the content of the message,
and the date and time of the transaction. We may use your email address to
communicate with you about our Services.

Affiliated Services on other sites – We offer some of our Services on or
through other web sites and social media sites. Personal information that
you provide to those sites may be sent to LA Boxing in order to deliver the
Service. We process such information under this Privacy Policy.

Other sites – This Privacy Policy applies to LA Boxing Services only. We do
not exercise control over any other or affiliated sites, products or services,
or links from within our various services. These other sites may place their
own cookies or other files on your computer, collect data or solicit personal
information from you.

In addition to the above, we may use the information we collect to:

Provide, maintain, protect, and improve our Services and develop new
Services; and

• Protect the rights or property of LA Boxing or our users.
• If we use this information in a manner different than the purpose for which it
  was collected, then we will ask for your consent prior to such use.

LA Boxing processes personal information from our web site solely within the
United States of America.

Information sharing. LA Boxing only shares personal information with
other companies or individuals outside of LA Boxing in the following limited
circumstances:

We have your consent. We require opt-in consent for the sharing of any
sensitive personal information.

We provide such information to our subsidiaries, affiliated companies or
other trusted businesses or persons for the purpose of processing personal
information on our behalf. We require that these parties agree to process
such information based on our instructions and in compliance with this Privacy
Policy and any other appropriate confidentiality and security measures.

We have a good faith belief that access, use, preservation or disclosure of
such information is reasonably necessary to (a) satisfy any applicable law,
regulation, legal process or enforceable governmental request, (b) enforce
applicable TOU, including investigation of potential violations thereof, (c)
detect, prevent, or otherwise address fraud, security or technical issues, or
(d) protect against harm to the rights, property or safety of LA Boxing, its
users or the public as required or permitted by law.

If LA Boxing becomes involved in a merger, acquisition, or any form of sale
of some or all of its assets, we will ensure the confidentiality of any personal
information involved in such transactions and provide notice before personal
information is transferred and becomes subject to a different privacy policy.

Information security. We take appropriate security measures to protect
against unauthorized access to or unauthorized alteration, disclosure or
destruction of data. These include internal reviews of our data collection,
storage and processing practices and security measures, including appropriate
encryption and physical security measures to guard against unauthorized
access to systems where we store personal data.

We restrict access to personal information to LA Boxing employees,
contractors and agents who need to know that information in order to process
it on our behalf. These individuals are bound by confidentiality obligations
and may be subject to discipline, including termination and criminal
prosecution, if they fail to meet these obligations.

Enforcement. LA Boxing adheres to the U.S. Safe Harbor Privacy Principles
of Notice, Choice, Onward Transfer, Security, Data Integrity, Access and
Enforcement as articulated under the U.S. Department of Commerce’s Safe
Harbor Program.

LA Boxing regularly reviews its compliance with this Privacy Policy. When
we receive formal written complaints, it is LA Boxing’s policy to contact the
complaining user regarding his or her concerns. We will cooperate with the
appropriate regulatory authorities, including local data protection authorities,
to resolve any complaints regarding the transfer of personal data that cannot
be resolved between LA Boxing and an individual.

Changes to this Privacy Policy. Please note that this Privacy Policy may
change from time to time. We will not reduce your rights under this Privacy
Policy without your explicit consent. We will post any Privacy Policy changes
on this page and, if the changes are significant, we will provide a more
prominent notice (including, for certain services, email notification of Privacy
Policy changes). We will also keep prior versions of this Privacy Policy in an
archive for your review.

6. CONDUCT. You agree not to post, email, or otherwise make available Content:

a. that is unlawful, harmful, threatening, abusive, harassing, defamatory,
libelous, invasive of another’s privacy, or is harmful to minors in any way;

b. that harasses, degrades, intimidates or is hateful toward an individual or
group of individuals on the basis of religion, gender, sexual orientation,
race, ethnicity, age, or disability;

c. that is false, deceptive, misleading, deceitful, misinformative, or
constitutes “bait and switch”;

d. that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party, or Content that you do not have a
right to make available under any law or under contractual or fiduciary
relationships;

e. that constitutes or contains ”affiliate marketing,” ”link referral code,” ”junk
mail,” ”spam,” ”chain letters,” ”pyramid schemes,” or unsolicited
commercial advertisement;

f. that constitutes or contains any form of advertising or solicitation if: posted
in areas of the LA Boxing sites which are not designated for such purposes;
or emailed to LA Boxing users who have not indicated in writing that it is
ok to contact them about other services, products or commercial interests.

g. that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment;

h. that disrupts the normal flow of dialogue with an excessive amount of
Content (flooding attack) to the Service, or that otherwise negatively
affects other users’ ability to use the Service; or

i. that employs misleading email addresses, or forged headers or otherwise
manipulated identifiers in order to disguise the origin of Content
transmitted through the Service. Additionally, you agree not to:

j. contact anyone who has asked not to be contacted, or make unsolicited
contact with anyone for any commercial purpose;
“stalk” or otherwise harass anyone;

l. collect personal data about other users for commercial or unlawful
purposes;

m. post non-local or otherwise irrelevant Content, repeatedly post the same or
similar Content or otherwise impose an unreasonable or disproportionately
large load on our infrastructure;

n. attempt to gain unauthorized access to LA Boxing’s computer systems or
engage in any activity that disrupts, diminishes the quality of, interferes
with the performance of, or impairs the functionality of, the Service or
the LA Boxing website; or use any form of automated device or computer
program (“flagging tool”)that enables the use of LA Boxing’s “flagging
system” or other community moderation systems without each flag being
manually entered by the person that initiates the flag (an “automated
flagging device”), or use the flagging tool to remove posts of competitors,
or to remove posts without a good faith belief that the post being flagged
violates these TOU.

7. NO SPAM POLICY. You understand and agree that sending unsolicited email
advertisements to LA Boxing email addresses or through LA Boxing computer
systems, which is expressly prohibited by these Terms, will use or cause to
be used servers located in California. Any unauthorized use of LA Boxing
computer systems is a violation of these Terms and certain federal and state
laws, including without limitation the Computer Fraud and Abuse Act (18
U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and
Section 17538.45 of the California Business and Professions Code. Such
violations may subject the sender and his or her agents to civil and criminal
penalties.

8. LIMITATIONS ON SERVICE. You acknowledge that LA Boxing may establish
limits concerning use of the Service, including the maximum number of days
that Content will be retained by the Service, the maximum number and size
of postings, email messages, or other Content that may be transmitted or
stored by the Service, and the frequency with which you may access the
Service. You agree that LA Boxing has no responsibility or liability for the
deletion or failure to store any Content maintained or transmitted by the
Service. You acknowledge that LA Boxing reserves the right at any time to
modify or discontinue the Service (or any part thereof) with or without notice,
and that LA Boxing shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.

9. ACCESS TO THE SERVICE. LA Boxing grants you a limited, revocable,
nonexclusive license to access the Service for your own personal use. Use
of the Service beyond the scope of authorized access granted to you by LA
Boxing immediately terminates said permission or license. In order to collect,
aggregate, copy, duplicate, display or make derivative use of the Service
or any Content made available via the Service for other purposes (including
commercial purposes) not stated herein, you must first obtain a license from
LA Boxing.

10. TERMINATION OF SERVICE. You agree that LA Boxing, in its sole discretion,
has the right (but not the obligation) to delete or deactivate your account,
block your email or IP address, or otherwise terminate your access to or use
of the Service (or any part thereof), immediately and without notice, and
remove and discard any Content within the Service, for any reason, including,
without limitation, if LA Boxing believes that you have acted inconsistently
with the letter or spirit of the TOU. Further, you agree that LA Boxing shall
not be liable to you or any third-party for any termination of your access to
the Service. Further, you agree not to attempt to use the Service after said
termination. Sections 2, 4, 6 and 10-16 shall survive termination of the TOU.

11. PROPRIETARY RIGHTS. The Service is protected to the maximum extent
permitted by copyright laws and international treaties. Content displayed on
or through the Service is protected by copyright as a collective work and/or
compilation, pursuant to copyrights laws, and international conventions. Any
reproduction, modification, creation of derivative works from or redistribution
of the site or the collective work, and/or copying or reproducing the sites or
any portion thereof to any other server or location for further reproduction
or redistribution is prohibited without the express written consent of LA
Boxing. You further agree not to reproduce, duplicate or copy Content from
the Service without the express written consent of LA Boxing, and agree to
abide by any and all copyright notices displayed on the Service. You may not
decompile or disassemble, reverse engineer or otherwise attempt to discover
any source code contained in the Service. Without limiting the foregoing,
you agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any aspect of the Service. LA BOXING is a registered
mark in the U.S. Patent and Trademark Office. Although LA Boxing does not
claim ownership of content that its users post, by posting Content to any
area of the Service, you automatically grant, and you represent and warrant
that you have the right to grant, to LA Boxing an irrevocable, perpetual, non-
exclusive, fully paid, worldwide license to use, copy, perform, display, and
distribute said Content and to prepare derivative works of, or incorporate into
other works, said Content, and to grant and authorize sublicenses (through
multiple tiers) of the foregoing. Furthermore, by posting Content to any public
area of the Service, you automatically grant LA Boxing all rights necessary
to prohibit any subsequent aggregation, display, copying, duplication,
reproduction, or exploitation of the Content on the Service by any party for
any purpose.

12. DISCLAIMER OF WARRANTIES. YOU AGREE THAT USE OF THE LA
BOXING SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE
LA BOXING SITE AND THE SERVICE ARE PROVIDED ON AN ”AS IS” OR “AS
AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS
AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY
DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST
EXTENT PERMITTED BY LAW, LA BOXING DISCLAIMS ANY WARRANTIES FOR
THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE
OF THE LA BOXING SITE AND THE SERVICE. TO THE FULLEST EXTENT
PERMITTED BY LAW, LA BOXING DISCLAIMS ANY WARRANTIES FOR OTHER
SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE LA
BOXING SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY
LINKS ON THE LA BOXING SITE. TO THE FULLEST EXTENT PERMITTED BY
LAW, LA BOXING DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER
HARMFUL COMPONENTS IN CONNECTION WITH THE LA BOXING SITE OR
THE SERVICE. Some jurisdictions do not allow the disclaimer of implied
warranties. In such jurisdictions, some of the foregoing disclaimers may not
apply to you insofar as they relate to implied warranties.

13. LIMITATIONS OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL LA
BOXING BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF LA BOXING HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM
ANY ASPECT OF YOUR USE OF THE LA BOXING SITE OR THE SERVICE,
WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE LA BOXING
SITE OR THE SERVICE, FROM INABILITY TO USE THE LA BOXING SITE
OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION,
ALTERATION, OR TERMINATION OF THE LA BOXING SITE OR THE SERVICE.
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES
INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED
THROUGH OR ADVERTISED IN CONNECTION WITH THE LA BOXING SITE
OR THE SERVICE OR ANY LINKS ON THE LA BOXING SITE, AS WELL AS
BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR
ADVERTISED IN CONNECTION WITH THE LA BOXING SITE OR THE SERVICE
OR ANY LINKS ON THE LA BOXING SITE. THESE LIMITATIONS SHALL
APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions,
limitations of liability are not permitted. In such jurisdictions, some of the
foregoing limitation may not apply to you.

14. INDEMNITY. You agree to indemnify and hold LA Boxing, its officers,
subsidiaries, affiliates, successors, assigns, directors, officers, agents, service
providers, suppliers and employees, harmless from any claim or demand,
including reasonable attorney fees and court costs, made by any third party
due to or arising out of Content you submit, post or make available through
the Service, your use of the Service, your violation of the TOU, your breach
of any of the representations and warranties herein, or your violation of any
rights of another.

15. GENERAL INFORMATION. The TOU constitute the entire agreement between
you and LA Boxing and govern your use of the Service, superseding any
prior agreements between you and LA Boxing. The TOU and the relationship
between you and LA Boxing shall be governed by the laws of the State of
California without regard to its conflict of law provisions. You and LA Boxing
agree to submit to the personal and exclusive jurisdiction of the courts
located within the county of Orange, California. The failure of LA Boxing to
exercise or enforce any right or provision of the TOU shall not constitute a
waiver of such right or provision. If any provision of the TOU is found by a
court of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties’ intentions as
reflected in the provision, and the other provisions of the TOU remain in
full force and effect. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of the
Service or the TOU must be filed within one (1) year after such claim or cause
of action arose or be forever barred.

16. VIOLATION OF TERMS AND LIQUIDATED DAMAGES. Please report any
violations of the TOU, by flagging the posting(s) for review, or by emailing
to:product@laboxing.com. Our failure to act with respect to a breach by
you or others does not waive our right to act with respect to subsequent or
similar breaches. You understand and agree that, because damages are
often difficult to quantify, if it becomes necessary for LA Boxing to pursue
legal action to enforce these Terms, you will be liable to pay LA Boxing the
following amounts as liquidated damages, which you accept as reasonable
estimates of LA Boxings’ damages for the specified breaches of these Terms:

a. If you post a message that (1) impersonates any person or entity; (2)
falsely states or otherwise misrepresents your affiliation with a person
or entity; or (3) that includes personal or identifying information about
another person without that person’s explicit consent, you agree to pay
LA Boxing one thousand dollars ($1,000) for each such message. This
provision does not apply to Content that constitutes lawful non-deceptive
parody of public figures.

b. If LA Boxing establishes limits on the frequency with which you may access
the Service, or terminates your access to or use of the Service, you agree
to pay LA Boxing one hundred dollars ($100) for each message posted
in excess of such limits or for each day on which you access LA Boxing in
excess of such limits, whichever is higher.

c. If you send unsolicited email advertisements to LA Boxing email addresses
or through LA Boxing computer systems, you agree to pay LA Boxing
twenty five dollars ($25) for each such email.

d. If you post Content in violation of the TOU, other than as described above,
you agree to pay LA Boxing one hundred dollars ($100) for each Item
of Content posted. In its sole discretion, LA Boxing may elect to issue a
warning before assessing damages.

If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit
for any purpose any Content (except for your own Content) in violation of
these Terms without LA Boxing’s express written permission, you agree to
pay LA Boxing three thousand dollars ($3,000) for each day on which you
engage in such conduct. Otherwise, you agree to pay LA Boxing’s actual
damages, to the extent such actual damages can be reasonably calculated.

Notwithstanding any other provision of these Terms, LA Boxing retains the
right to seek the remedy of specific performance of any term contained in
these Terms, or a preliminary or permanent injunction against the breach of
any such term or in aid of the exercise of any power granted in these Terms,
or any combination thereof.