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Terms
of Service
Acceptance
of Terms of Service
These Terms of Service govern your use of all websites
published by The Boxing Fitness Institute (“BFI”).
By using, visiting, or browsing The Boxing Fitness Institute’s
websites, you accept and agree to be bound by these Terms
of Service. If you do not agree to these Terms of Service,
you should not use The Boxing Fitness Institute's websites.
Changes to Terms of Service
BFI reserves the right, from time to time, with
or without notice to you, to change these Terms of Service in our
sole discretion. The most current version of these Terms of Service
is posted on the site, and can be reviewed by clicking on the "Terms
of Service" link located at the bottom of most of the sites'
pages. The most current version of the Terms of Service will supersede
all previous versions. Your use of the BFI websites after changes
are made means that you agree to be bound by such changes.
Privacy
Any information submitted on BFI's websites is subject
to our Privacy Policy, the terms of which are incorporated
herein.
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Membership
and Billing
You can find the specific details regarding your billing
program with BFI at anytime by viewing the payment terms
on the registration page you used to register with your
program. We reserve the right to terminate any account
at any time for any reason.
Billing
As a customer of a BFI program, you agree that we are
permitted to charge or debit, as applicable, your fees
and any applicable tax or other charges you may incur
in connection with your use of BFI's services. As used
in these Terms of Service, "billing" shall indicate
either a charge or debit, as applicable, against your
Payment Method. The fee will be billed according to the
terms on your registration page (the page where you entered
your account information). You shall be responsible for
all charges incurred through your account as well as for
paying any applicable taxes. We will automatically bill
your Payment Method for each billing period on the calendar
day corresponding to the commencement of your membership.
If you want to use a different Payment Method or If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by contacting us at info@boxingfitnessinstitute.com.
Note that fees for your program are not refundable for any reason; it is your responsibility to confirm that this program is a good fit for your goals and to do the work required to successfully complete this course prior to signing up. Also, installments, if offered, are offered as a convenience to you and are not part of a subscription that may be cancelled. You agree to pay all installments due even if you choose not to complete the course; we rely on the good faith of our members to be able to offer installments.
Your right to use a BFI program is conditional upon our receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately and without notice, either suspend or terminate your access and account, thereby terminating this Agreement and all BFI obligations hereunder. You are required to pay any amounts still owed to us at the time your account is suspended or terminated. Terminations are not retroactive. If you have an outstanding balance due on any BFI account, you hereby agree that BFI may charge these unpaid fees to your credit card.
NOTE: IF YOU CHOOSE TO TRAIN LIVE WITH TONY SPAIN OR PAUL SIMPSON, YOU MUST NEGOTIATE AND CONTRACT DIRECTLY WITH THEM, INCLUDING PAYMENT. THE BOXING FITNESS INSTITUTE HAS NO INVOLVEMENT, LIABILITY OR RESPONSIBILITY FOR THESE PROGRAMS OR THE RESULTS OF THESE PROGRAMS, AND IF WE PROMOTE THEM ON OUR WEBSITE AT ALL IT IS PURELY AS A COURTESY TO OUR CONTENT EXPERTS. THIS INCLUDES ANY ISSUES RELATED TO TRAVEL AND LOGISTICS, CANCELLATIONS, LATENESS, OVERALL SATISFACTION WITH THE TRAINING, INJURIES THAT MAY OCCUR, OR DISPUTES ABOUT FEES.
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Account
Access
For programs that allow you access to a password-protected
site, BFI works to make your online experience as customized
and personalized as practical. In order to provide you
with ease of access to your account, BFI may place a cookie
(a small text file) on any computer from which you access
BFI's websites. When you revisit BFI's websites, this
cookie will enable us to recognize you. This allows BFI
to automatically determine your account access privileges
while allowing you to navigate the websites without having
to repeatedly log in. It also helps us understand and
meet your interests and needs; allow tracking and authentication
of your use of the message boards; and more accurately
collect other information, such as survey data. You are
responsible for maintaining the confidentiality of your
account and password and for restricting access to your
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Disclaimers
of Warranties and Limitations on Liability
BFI's websites and its contents are provided "as
is" and we make no representations or warranties
of any kind with respect to BFI's websites or its contents.
We assume no liability or responsibility for any errors
or omissions in the content of BFI's websites, any interruptions,
failures, or delays in the delivery of any content contained
on BFI's websites, any losses or damages arising from
the use of the content provided on BFI's websites, or
any conduct by users of BFI's websites. We disclaim all
representations and warranties, including, for example,
non-infringement, warranties of merchantability, and fitness
for a particular purpose. In addition, we do not represent
or warrant that the information accessible via our sites
is accurate, complete or current.
In no event shall BFI, its shareholders, directors,
officers, or employees be liable (jointly or severally)
to you for any special, incidental, indirect or consequential
damages of any kind, or any damages whatsoever resulting
from loss of use, data or profits, whether or not advised
of the possibility of damage, and on any theory of liability,
arising out of or in connection with the use or performance
of this information. If any applicable authority holds
any portion of this section to be unenforceable, then
liability will be limited to the fullest possible extent
permitted by applicable law.
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Indemnification
You agree to indemnify, defend, and hold BFI
and its subsidiaries, affiliates, officers, directors,
agents, co-branders or other partners, employees, and
representatives harmless from and against any and all
claims, damages, losses, costs or expenses (including
reasonable attorneys' fees and disbursements) which arise
directly or indirectly out of or from (i) your breach
of this Agreement, (ii) any allegation that any materials
that you submit to BFI or post on message boards infringe
or otherwise violate the copyright, trade secret, trademark
or other intellectual property rights of a third party,
and (iii) your access or use of the Sites and/or the Services.
This indemnification shall survive in the event this agreement
is terminated for any reason. |
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Acknowledgements
With regard to BFI's websites, you acknowledge
and agree that you will not:
1. delete any legal notices, author attributions, or proprietary
designations or labels on any part of the site;
2. copy or otherwise re-create the source code, reproduce,
publish, distribute, transmit, display, license, create
derivative works from, transfer or sell any information,
software, products or services obtained through the websites;
3. transmit any content that is harmful, threatening,
unlawful, or otherwise objectionable which may invade
another's right of privacy or publicity;
4. post or transmit any material that contains a virus
or corrupted data;
5. impersonate any person or entity, including, without
limitation, an BFI entity; or falsely state or otherwise
misrepresent your affiliation with such a person or entity;
6. use any of the websites' features in a manner that
limits availability of resources to other users (e.g.,
monopolizing the message boards, where applicable);
7. delete or revise any material posted by someone else;
8. violate any applicable local, state, national or international
law;
9. submit or publish any material that infringes on patent,
trademark, trade secret, copyright or other proprietary
rights of any party;
10. register, subscribe, attempt to register, attempt
to subscribe, unsubscribe, or attempt to unsubscribe,
any party for any BFI website if you are not expressly
authorized by such party to do so; or
11. use the websites for any purpose that is unlawful
or prohibited by these terms and conditions. You may not
use the websites in any manner that could damage, disable,
overburden or impair BFI's servers or networks, or interfere
with any other user's use and enjoyment of the websites.
Furthermore, you may not attempt to gain unauthorized
access to any of the accounts, computer systems or networks
connected to BFI through hacking, password mining or any
other means. You may not obtain or attempt to obtain any
materials or information through any means not intentionally
made available through websites.
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Message
Boards
BFI websites may include message boards and other
community features. BFI reserves the right to monitor
any content or postings on the message boards (and other
community features), but has no obligation whatsoever
to do so. We also reserve the right to alter, edit or
refuse to post or remove any postings or content, in whole
or in part, for any reason, and to disclose such materials
and the circumstances surrounding their transmission to
any third party in order to satisfy any applicable law,
regulation, legal process or governmental request and
to protect ourselves, our clients, sponsors, users and
visitors.
BFI or its designated agents may remove or alter any
user-created content at any time for any reason. Message
boards and the other public forums are provided to support
the subscription services offered. They are intended
for users and subscribers and members of BFI. BFI staff
may post material and information on these public areas.
BFI expressly disclaims all responsibility and endorsement
and makes no representation as to the validity of any
opinion, advice, information or statement made or displayed
in these forums by third parties, nor are we responsible
for any errors or omissions in such postings, or for
hyperlinks embedded in any messages. Under no circumstances
will we, our affiliates, suppliers or agents be liable
for any loss or damage caused by your reliance on information
obtained through these forums. The opinions expressed
in these forums are solely the opinions of the participants,
and do not reflect the opinions of BFI or any of its
subsidiaries or affiliates.
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Third
Party Content
In general, the content available on the BFI websites
is supplied by users and third parties. As such, BFI distributes
content without editorial control (as does a bookstore
or library). Any opinions, advice, statements, services,
offers, or other information or content expressed or made
available by third parties, including information providers,
are those of the respective authors or distributors, and
not BFI. Neither BFI nor any third-party provider of information
guarantees the accuracy, completeness, or usefulness of
any content. Furthermore, BFI neither endorses nor is
responsible for the accuracy and reliability of any opinion,
advice, or statement made on any of the websites by anyone
other than an authorized BFI representative while acting
in an official capacity.
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Accounts,
Passwords and Security
If any of the BFI websites require you to open an account,
you must complete the registration process by providing
BFI with current, complete and accurate information, as
prompted by the applicable registration form. You acknowledge
that by providing any information to BFI which is untrue,
inaccurate, not current or incomplete, BFI reserves the
right to terminate this Agreement and your continued access
and use of the websites.
As part of the registration process, you will be asked
to select a password. You are entirely responsible for
maintaining the security and confidentiality of your
account and password. Further, you are entirely responsive
for any and conduct through your account, whether by
you or someone else. You agree to notify BFI immediately
of any unauthorized use of your account or any other
breach of security. BFI will not be liable for any loss
that you may incur as a result of someone else using
your password or account, either with or without your
knowledge. However, you may be held liable for any losses
incurred by BFI or another party due to someone else
using your account or password.
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Intellectual
Property
Copyright
The compilation of all content on this site
is the exclusive property of BFI and protected by U.S.
and international copyright laws. All content included
on BFI's websites, including text, graphics, photographs,
button icons, images, audio/video clips, logos, designs,
digital downloads, data compilations, and software,
is the property of BFI or its suppliers and is protected
by United States and international copyright laws. They
should not be reproduced or used without express written
permission from BFI.
Trademarks
The Boxing Fitness Institute is pending status
as registered trademarks of BFI. All BFI logos, graphics,
button icons, scripts, page headers, and service names
are now or are pending status as trademarks or trade
dress of BFI. BFI's trademarks, pending trademarks,
and trade dress may not be used in connection with any
product or service that is not BFI's, in any manner
that is likely to cause confusion among customers, or
in any manner that disparages or discredits BFI. All
other trademarks not owned by BFI that appear on BFI's
websites are the property of their respective owners,
who may or may not be affiliated with, connected to,
or sponsored by BFI. Any images of persons or personalities
contained on BFI's websites shall not be an indication
of endorsement of any particular product or our service
unless otherwise specifically indicated. |
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Use of Information Submitted
BFI is free to use any comments, concepts, reviews,
information, ideas, or techniques contained in any communication
you may send to BFI, including, without limitation, responses
to questionnaires or through postings to BFI's websites
without further compensation, acknowledgement or payment
to you for any purpose whatsoever including, but not limited
to, developing, manufacturing and marketing products and
creating, modifying or improving BFI's websites or other
websites. In addition, by posting any information on our
site, submitting suggestions, or in responding to questionnaires,
you grant us a nonexclusive, royalty-free license to display,
use, reproduce or modify that information. Under no circumstances
shall BFI have any obligation whatsoever to pay a fee
to any subscriber or user in connection with the Submitted
Materials upon the occurrence of a transfer of all or
any portion of BFI's business through a merger, sale or
transfer of its assets, nor shall the sale of advertising
on any of the websites give rise to any obligation to
pay a fee to subscribers.
You acknowledge and agree that the websites contain
proprietary and confidential information that is protected
by applicable intellectual property and other laws,
and are the sole property of BFI or its licensors. You
further acknowledge and agree that any content contained
in advertisements or information presented to you through
advertisers concerning BFI or otherwise is protected
by copyrights, trademarks, service marks, patents or
other proprietary rights and laws.
None of the Submitted Materials disclosed or posted
via community boards or other public forums shall be
subject to any obligation, whether of confidentiality,
attribution, or otherwise, on BFI's part and we shall
not be liable for any use or disclosure of any such
Submitted Materials.
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Disclaimer of Liability
WARNING: Boxing, Kickboxing
and Martial Arts are contact sports. YOU ACKNOWLEDGE THAT
FITNESS TRAINING, KICKBOXING FITNESS, BOXING FITNESS, AND SELF-DEFENSE
HAVE INHERENT PHYSICAL RISKS, INCLUDING INJURY AND HEALTH RISKS, AND
EVEN RISK OF DEATH. YOU AGREE THAT TONY SPAIN, ERIK MARSHALL, AND
THE BOXING FITNESS INSTITUTE, AND ITS AFFILIATES AND ASSIGNEES, ARE
NOT LIABLE FOR ANY INJURY, HARM, OR DAMAGE, INLCUDING ALL RISK CONNECTED
HEREWITH, WHETHER FORESEEN OR UNFORESEEN, THAT YOU, OR YOUR CLIENTS,
INCUR USING OR ATTEMPTING TO USE THIS PROGRAM. YOU AGREE TO INDEMNIFY
AND HOLD HARMLESS TONY SPAIN, ERIK MARSHALL, AND THE BOXING FITNESS
INSTITUTE FOR ANY INJURIES, HARM, OR DAMAGE THAT MAY RESULT. THIS
INCLUDES ANY CLAIM BY YOU, OR YOUR FAMILY ESTATE, HEIRS OR ASSIGNS,
ARISING OUT OF YOUR ENROLLMENT AND PARTICIPATION IN THIS COURSE. YOU
FURTHER ACKNOWLEDGE THAT YOU ARE IN GOOD PHYSICAL AND MENTAL HEALTH
AND HAVE CONSULTED A PHYSICIAN PRIOR TO STARTING THIS OR ANY OTHER
EXERCISE OR FITNESS TRAINING PROGRAM, AND – IF YOU ARE A TRAINER
WHO TRAINS CLIENTS -- HAVE CONFIRMED THAT YOUR CLIENTS HAVE DONE THE
SAME. THIS PARAGRAPH APPLIES TO ALL PROGRAMS OFFERED BY BFI INCLUDING
DVDs, CERTIFICATION, FITNESS ENTHUSIAST PROGRAMS, LIVE SEMINARS, AND
EQUIPMENT. YOU ALSO ACKNOWLEDGE THAT “THE
BOXING FITNESS TRAINER,” "KICKBOXING FITNESS," AND
“SELF-DEFENSE” PROGRAMS ARE BASIC CERTIFICATION PROGRAMS
PROVIDING BASIC EDUCATION AND INFORMATION. PERSONAL TRAINING AND
FITNESS TRAINING ARE PROFESSIONS THAT REQUIRE ONGOING EDUCATION
AND IMPROVEMENT. CERTIFICATION THROUGH BFI INDICATES AT MOST THAT
YOU HAVE DEMONSTRATED INTELLECTUAL UNDERSTANDING OF THE MATERIALS
IN OUR PROGRAMS, AND NOT THE PROVEN ABILITY TO TEACH CLIENTS SAFELY
OR EFFECTIVELY. FURTHER TRAINING MAY BE REQUIRED FOR YOU TO ACHIEVE
YOUR GOALS AND BE ABLE TO TEACH BOXING FITNESS, KICKBOXING FITNESS,
OR SELF-DEFENS FITNESS TO CLIENTS SAFELY, EFFECTIVELY, OR WITHOUT
INJURY. THIS PROGRAM MAKES NO CLAIMS ABOUT YOUR OWN OR YOUR CLIENTS'
SAFETY, NOR DOES IT ASSUME ANY LIABILITY WHATSOEVER FOR WHAT OCCURS
UNDER YOUR DIRECT OR INDIRECT SUPERVISION OF CLIENTS.
THE
PROGRAMS ON BFI WEBSITES ARE MEANT ONLY FOR NON-CONTACT FITNESS
AND NOT FOR ANY FORM OF SPARRING, FIGHTING, OR CONTACT WITH ANOTHER
PERSON. NOR ARE THEY MEANT FOR ANY FORM OF "FULL” OR
“PARTIAL FORCE" PUNCHING OR KICKING. ANY EXERCISE THAT
IS BASED ON BOXING, KICKBOXING, OR MARTIAL ARTS IS MEANT TO BE DONE
IN SLOW MOTION, ALONE AS SHADOW BOXING, OR LIGHTLY/GENTLY. YOU UNDERSTAND
THAT THIS IS A FITNESS PROGRAM, NOT A BOXING OR MARTIAL ARTS PROGRAM.
IN ADDITION, OUR CERTIFICATION PROGRAM IS IN NO WAY INTENDED TO
QUALIFY YOU FOR LIABILITY INSURANCE FOR BOXING, KICKBOXING OR BOXING/KICKBOXING
FITNESS PROGRAMS. IF YOU HAVE PURCHASED OR PURCHASE LIABILITY INSURANCE
AT ANY TIME BEFORE OR AFTER YOUR MEMBERSHIP, YOU EXPLICITLY AGREE
THAT THE BOXING FITNESS INSTITUTE, ITS AFFILIATES, TONY SPAIN, AND
ERIK MARSHALL HAVE MADE NO REPRESENTATIONS ABOUT YOUR ABILITY TO
OFFER BOXING FITNESS, KICKBOXING FITNESS OR SELF-DEFENSE FITNESS
SAFELY OR WITHOUT INJURY, AND THAT WE ASSUME NO RESPONSIBILITY OR
LIABILITY FOR YOUR USE OF THE MATERIALS IN THIS PROGRAM.
Finally, the equipment on this
site is manufactured with care and craftsmanship to provide a degree
of protection, but is not warranted to prevent injury. Users of
these products are subject to injury, including death. The user,
therefore, must assume full responsibility for all risk of injuries.
Manufacturer and distributor and the Boxing Fitness Institute assume
no liability for any injury or death suffered while using the product(s).
NOTE: With time and use the materials used in these products will
lose some of their effectiveness and will require replacement.
You have the responsibility to check with applicable laws in your
jurisdiction regarding whether the approaches we suggest meet legal
or licensing requirements, or standards, in your jurisdiction.
Finally, The Boxing Fitness Institute makes no claims about the
amount you can earn as a Boxing Fitness Trainer. The Fitness profession
is a competitive one, and the people in it have varying degrees
of skill and ability. The Boxing Fitness Institute is in no way
liable or responsible for the business results you achieve. You
understand that the information in this program is not meant to
be a complete business plan. You should consult legal, accounting,
other marketing professionals, and other resources to fully assess
your risks.
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Your Conduct on BFI's Websites
By accessing BFI's websites, you agree not to
upload, post, email or otherwise send or transmit any
material 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 associated with
BFI's websites. You also agree not to interfere with the
servers or networks connected to BFI's websites or to
violate any of the procedures, policies or regulations
of networks connected to BFI's websites, the terms of
which are incorporated herein. You further agree not to
impersonate any other person while using BFI's websites,
conduct yourself in a vulgar or offensive manner while
using our service, or use BFI's websites for any unlawful
purpose.
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Limitations
on Use
You must be 13 years of age or older to use BFI's service.
Unless otherwise specified in writing, the content on
BFI's websites is for your personal and non-commercial
use and we grant you a limited license to access BFI's
websites for that purpose. Without our express written
consent, you may not download (other than through page
caching necessary for personal use), modify, copy, distribute,
transmit, display, perform, reproduce, duplicate, publish,
license, create derivative works from, or offer for sale
any information contained on, or obtained from, BFI's
websites. Any unauthorized use of BFI's websites or its
contents will terminate the limited license granted by
us.
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Right
to Terminate
We reserve the right to terminate or restrict your use
of our service, without notice, for any or no reason whatsoever.
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Links
Some of the links on BFI's websites may lead to other
websites that are not controlled by, or affiliated with,
BFI. In addition, other websites may link to BFI's websites.
BFI has not reviewed these websites and is not responsible
for the content or privacy policies of these websites.
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Contact
If you have questions concerning your account, please
contact Customer Service. If you have questions concerning
this privacy policy or the terms of use, please contact
info@boxingfitnessinstitute.com.
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General
Information
This Agreement and the relationship between you and BFI
shall be governed by and construed in accordance with
the laws of the State of Florida, without regard to its
conflict of law provisions. You and BFI irrevocably agree
to submit to the personal and exclusive jurisdiction of
the federal and state courts located within the county
of Sarasota, in the State of Florida, and waive any jurisdictional,
venue, or inconvenient forum objections to such courts.
The failure of BFI to exercise or enforce any right or
provision of this Agreement shall not constitute a waiver
of such right or provision. If any provision of this Agreement
is found by a court of competent jurisdiction to be unlawful,
void or for any reason unenforceable, then that provision
shall be deemed severed herefrom and shall not affect
the validity and enforceability of any remaining provisions.
The section titles in this Agreement are for convenience
purposes only and have no legal or contractual effect.
This Agreement is not assignable, transferable or sub-licensable
by you except with our prior written consent. However,
we may assign this Agreement to any third party whom we
choose without your consent. No waiver by BFI of any breach
or default hereunder shall be deemed a waiver of any preceding
or subsequent breach or default.
Update posted: November, 2005 |
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