Last updated: March 3, 2022
Liteboxer Technologies, Inc. (“LITEBOXER” together with “we”, “us”, and “our”) provides an online fitness community and related products, services, content and features through the LITEBOXER Member Portal located at https://members.liteboxer.com, the LITEBOXER website located at https://liteboxer.com, including subdomains (collectively, the “Site”), the interface on the interactive-enabled Liteboxer through which our services are accessed (the “Device”) and through mobile Apps, including iOS and Android Apps (the “App”), the virtual reality experience on the Oculus platform (the "VR App") and LITEBOXER-controlled social media pages (including on Facebook, Instagram, Twitter, Youtube, Pinterest, Quora, Reddit, and Spotify) (collectively, the “LITEBOXER Service”). By registering as a member of, purchasing a membership, or visiting, browsing, or using the LITEBOXER Service in any way, you (as a “User”) accept these Terms of Service (the “Agreement”), which forms a binding agreement between you and LITEBOXER.
If you do not wish to be bound by this Agreement, you may not access or use the LITEBOXER Service. Certain elements of the LITEBOXER Service may be subject to additional terms and conditions specified from time to time; your use of those elements of the LITEBOXER Service is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Please note that this Agreement is subject to change by LITEBOXER in its sole discretion at any time. Any changes to this Agreement will be effective immediately for new users of the Site, the App and/ or LITEBOXER Service and will be effective thirty (30) days after posting notice of such changes on the Site. LITEBOXER may require you to provide consent to the updated Agreement in a specified manner before further use of the Site, the App and/ or the LITEBOXER Service is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Site, the App and/or the LITEBOXER Service. Otherwise, your continued use of the Site, the App and/or LITEBOXER Services constitutes your acceptance of such change(s). Please regularly check the Site to view the then current Terms of Service.
WHO MAY USE THE LITEBOXER SERVICE
You must be at least 18 years old (or the age of legal majority in your jurisdiction of residence) to register with and use the LITEBOXER Service. Minors between the ages of 13 and 18 years old that can safely use the LITEBOXER Service may participate in certain aspects of the LITEBOXER Service provided that they do so under their parent’s or legal guardian’s supervision and that such parent or legal guardian agrees to be bound by this Agreement. If you are a parent or legal guardian of a user under the age of 18 (or the applicable age of legal majority), you agree to be fully responsible for the acts and omissions of such user in connection with the LITEBOXER Service. The LITEBOXER Service is intended for use in the U.S. only. Select features/content may be made available through the VR App for use in Canada, Mexico, and the United Kingdom.
We may, in our sole discretion, refuse to offer the LITEBOXER Service to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that you comply with all applicable laws, rules and regulations related to this Agreement, and the right to access and use the LITEBOXER Service is revoked where this Agreement or use of the LITEBOXER Service is prohibited or conflicts with any applicable law, rule or regulation.
LICENSE TO USE THE LITEBOXER SERVICE
License. Subject to your compliance with this Agreement, LITEBOXER grants you a limited, non-transferable, non-exclusive, revocable license to access and use the LITEBOXER Service for your own personal, non-commercial use and for no other purpose whatsoever. This license includes the right to view content available on the LITEBOXER Service. This license is personal to you and may not be assigned or sub-licensed to anyone else.
Subject to your compliance with the Agreement, LITEBOXER grants you a limited, non-transferable, non-exclusive, revocable license to download, install and use a copy of the App on a single mobile device or computer that you own or control and to run such copy of the App solely for your own personal, non-commercial use and for no other purpose whatsoever. Furthermore, with respect to any App accessed through or downloaded from an App Store such as the Apple App Store or Google Play or Oculus Store (an “App Store Sourced App”), you will only use the App Store Sourced App (a) on an a product that runs the operating system for which it was intended and (b) as permitted by the “Usage Rules” set forth in the corresponding App Store. Use of the App from a third party App Store is also subject to the provisions of the section titled “Member Interactions, Dealings with Third Parties” below.
Restrictions. Except as expressly permitted in writing by an authorized representative of LITEBOXER, you will not use the LITEBOXER Service except as expressly authorized under this Agreement, and you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the LITEBOXER Service, nor will you take any measures to interfere with or damage the LITEBOXER Service, nor will you use the LITEBOXER Service (or any component thereof) to create any product or technology that competes with the LITEBOXER Service (or any component thereof). You will not download and/or install any third party software and/or App on the Device that is not expressly permitted by LITEBOXER in writing. All rights not expressly granted by LITEBOXER in this Agreement are reserved.
- What information we may collect about you;
- What we use that information for;
- With whom we share that information; and
- What are your rights with respect to that information.
To enjoy full access to the LITEBOXER Service, you must register as a member of the LITEBOXER Service and enter into a membership agreement for access to our on-demand classes, content and features (a “Membership”). Your Membership is governed by this Agreement. You must provide complete and accurate registration information to LITEBOXER when signing up for a Membership, complete the Membership process, and notify us if any of your information changes.
Profile Information and Picture. You may not use someone else's name, or any name, location or other public profile information (including your picture) that violates any third party rights or that is offensive, obscene or otherwise objectionable (in LITEBOXER’s sole discretion).
Account Security. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using the LITEBOXER Service. If you become aware of an unauthorized access to your account, change your password and notify us immediately at email@example.com.
IF YOU SUBSCRIBE TO THE LITEBOXER SERVICES FOR THE COMMITMENT PERIOD (AS DEFINED BELOW), THEN YOUR MEMBERSHIP WILL BE AUTOMATICALLY RENEWED AT THE EXPIRATION OF THE COMMITMENT PERIOD AT LITEBOXER’S THEN-CURRENT MEMBERSHIP PRICE FOR SUCH MEMBERSHIP UNLESS YOU OPT OUT OF THE AUTO-RENEWAL OR DECLINE TO RENEW YOUR MEMBERSHIP IN ACCORDANCE WITH THIS AGREEMENT.
MEMBERSHIP COVERAGE AND BILLING CYCLE
Memberships. By purchasing a Membership, you will get full access to LITEBOXER’s available classes, and features on the Device and via the App and/or the VR App to which the Membership is entitled for as long as the Membership remains active. Some memberships, such as the Membership obtained through subscription in the VR App, may be limited to a subset of content, classes, and features. The account holder of the Membership will be the person who activated the Membership (the “Membership Holder”).
Membership Coverage. If you are not purchasing the LITEBOXER Service for personal use by residents in a single household, and are instead purchasing the LITEBOXER Service on behalf of or for the benefit of a commercial entity and its customers, residents or other users at one or more locations (e.g., a gym, hotel, or office), you will be deemed and considered a “Commercial Buyer”. The Membership Holder will be solely responsible for all activity occurring under the Membership, including that of any individuals accessing and using the Membership under the Membership Holder’s account and Membership, and their compliance with the Agreement.
Billing Cycle. All Memberships recur until they are cancelled in accordance with the terms below. Billing occurs at the beginning of the Membership cycle and provides unlimited access for one month thereafter (or such longer time as is associated with the Commitment Period as defined below).
Commitment Period. When you first sign up for a Membership, you may agree to a specific price and plan, which may include a commitment period term of one or more years and a requirement to prepay the applicable fees for such time (“Commitment Period”). You agree to maintain your Membership for the applicable Commitment Period. The price available with your plan is valid until the Commitment Period expires, at which time your Membership will automatically renew at the then-existing non-promotional price for your Membership level. Memberships limited to the VR App may renew at your original rate as long as your subscription remains active. Unless otherwise specified, any free trial included with device purchase or activation includes a one-year Commitment Period. You may be required to have a valid payment method on file in order to initiate a free trial if one was not provided at time of device purchase; if you do not cancel before your free trial period ends, your account will be converted to a paid Membership and you will be charged in accordance with these Membership Terms.
Other Offers. LITEBOXER may offer additional promotions or discounts related to Memberships from time to time. Please read the details of those offers carefully, as any additional terms presented to you during the sign-up process will form part of the Agreement. Unless specified in writing, all discount offers that require a payment are non-refundable, and all free months offered are separate from the Commitment Period (i.e., for a one-year Commitment Period with one free month you will pay for twelve months of the LITEBOXER Service that begins at the conclusion of any included trial period). Any free trial or other promotion must be used within the specified time frame of the trial or promotion. You may be required to have a valid payment method on file in order to initiate a free trial; if you do not cancel before your free trial period ends, your account will be converted to a paid Membership and will be charged in accordance with these Membership Terms.
Auto-Renewal for Membership Services. Unless you opt out of auto-renewal or sign up for a new Commitment Period, your Membership will be automatically extended on the first day following any Commitment Period, at the then-current non-promotional rate for your Membership level. You agree that your account will be subject to this automatic renewal feature, upon the expiration of the Commitment Period, unless you cancel your Membership prior to the end of the Commitment Period or the commencement of the new Membership period, as applicable. If you do not wish your Membership to renew automatically, or if you wish to change or terminate your Membership, contact us at firstname.lastname@example.org. If you terminate your Membership during the Commitment Period or any then-current term, you may use your Membership until the end of the Commitment Period or then-current term and your Membership will not be renewed after the Commitment Period or then-current term expires.
Pausing Your Membership. LITEBOXER may, at its discretion, make it possible to pause your Membership for specific periods of time (the “pause period”). If you pause your Membership, it will remain “active” until the end of your current (already-paid) billing period. If your account is overdue, the pause period may begin immediately. Once paused, you will not be able to access the content, classes, and features of the Membership until the Membership returns to “active”. Your membership may be reactivated at any time from the member portal. If no further action is taken, your Membership will automatically renew and your Membership will return to “active” status at the end of the pause period. Pausing is not available for VR App only memberships.
TERMINATION OR CANCELLATION OF MEMBERSHIP
Cancellation of Membership. You may only cancel your Membership after the expiration of your Commitment Period, except as described in our Return and Refund Policy. You agree that if you cancel your plan before the end of the Commitment Period, you will remain responsible for all outstanding Membership fees (if any) for the remainder of the Commitment Period. Prepaid amounts will not be refunded, except as described in the next paragraph.
Suspension/Termination. LITEBOXER may immediately terminate or suspend your account, and all or a portion of your Membership, without notice if: (a) your payment is overdue; (b) you provide false or inaccurate information; (c) you violate the terms of this Agreement; or (d) you engage in conduct that violates applicable law or that is threatening, abusive or harassing to LITEBOXER employees, agents, or other LITEBOXER users.
Effect of Termination. If we terminate or suspend your Membership, your license to use the LITEBOXER Service is also terminated or suspended (as applicable). If your Membership is terminated, LITEBOXER may immediately delete all data, files, and other User Content (as defined below) associated with your account without further notice to you. You must pay all charges through the date of termination or through the end of your commitment period, whichever is later. Should you wish to resume your Membership after any suspension, a restoration of service fee may apply. This fee is in addition to all past due unpaid charges and other fees.
Membership Holders agree to pay the monthly fee specified when you purchased your Device and/or signed up for a Membership. If the amount to be charged varies from the amount you preauthorized (other than due to the imposition or change in sales tax), you have the right to receive, and we will provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your specified payment method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle. Your failure to terminate and/or continued use of your Membership reaffirms that we are authorized to charge you for that Membership. We may submit those charges for payment, and you will be responsible for such charges. This does not waive our right to seek payment directly from you.
Billing Authorization. You may be asked to provide a credit, charge, debit card number from a card issuer, or other payment method that we accept in order to activate your Membership. You hereby authorize us, our payment processor, and any other company that we may use as a billing agent or financing partner, to charge your specified payment method on a monthly basis, in advance, for the Membership and/or to place a hold on your payment method with respect to any unpaid charges for Memberships. You authorize the issuer of your selected payment method to pay any amounts described herein without requiring a signed receipt, and you agree that these Membership terms and conditions shall be accepted as authorization to the issuer of the payment provider to pay any amounts described herein, without requiring a signed receipt from you. You authorize us to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your payment method until such amounts are paid in full. You agree to provide updated payment information upon request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither LITEBOXER, nor any LITEBOXER agent, will have any liability whatsoever for any insufficient funds or other charges incurred by you as a result of attempts to charge, and/or place holds on, your specified payment method as contemplated by these Membership Terms. If you provide a debit card number instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number.
Automatic Renewals. You will not be eligible for a prorated refund of any portion of the Membership fees paid for the then-current Membership period and you are committed to pay all monthly payments within the Commitment Period. Upon renewal of your Membership, if we do not receive payment from your payment provider, (a) you agree to pay all amounts due on your account upon demand and/or (b) you agree that we may either terminate or suspend your Membership and continue to attempt to charge your payment provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new Membership Commitment Period will begin as of the day payment was received).
Third-Party Payment Processor. You agree to pay us, through our payment processor, billing agent or financing partner (as applicable), all charges at the prices then in effect for any purchase in accordance with the applicable payment terms presented to you at the time of purchase. You agree to make payment using the payment method you provide when you set up your account. We reserve the right to correct, or to instruct our payment processor or financing partner to correct, any errors or mistakes, even if payment has already been requested or received.
Bill Inquiries and Refunds. Please contact email@example.com if you believe you have been billed in error for a Membership.
Membership Billing Periods. The first month of your Membership will be billed when you activate your Membership or at the end of your trial period (if applicable). Remaining months in the Commitment Period will be billed on the same day of the month that your Membership is activated. If your Membership is activated on the 15th of the month, you will be billed on the 15th of each subsequent month. In the event of a failed payment, we will attempt to bill the credit card on file up to five times within fifteen (15) days of the Membership payment due date. If all attempts are unsuccessful, we will deactivate the Membership.
The initial Membership comes with a free trial, after which it converts to an auto-renewing monthly Membership with an initial Commitment Period of twelve (12) months. Other plans may have different commitment terms in exchange for special pricing. You may cancel your Membership at any time after your commitment term. Your cancellation request must be received by 5PM EST two business days before your Membership renewal date, and your Membership will be deactivated at the end of the billing cycle. We do not offer prorated refunds for mid-cycle cancellations. If you would like to cancel your Membership, you may do so through the Member Portal.
Third-Party Billing. In some cases, such as Memberships obtained through the Oculus platform, billing will be handled by those platforms. In such cases, Membership payment and billing policies, procedures, and requirements specific to those platforms and their Terms of Service or direct agreement with you as a consumer.
MEMBERSHIP STRUCTURE AND FEES
LITEBOXER will provide information on our then-current Membership requirements on the LITEBOXER Site and/or by other means through the LITEBOXER Service. Features and prices are subject to change.
SALE AND DELIVERY OF PRODUCTS
LITEBOXER accepts orders for the LITEBOXER equipment, including the Device, wall mount or stand, fitness equipment, apparel or accessories that we may offer through the LITEBOXER Site. Unfortunately, availability of products cannot be guaranteed. Unless otherwise specified at the time of purchase, you must pay for products when you place the order. All products ordered will be delivered to the U.S. shipping address you provide. We may cancel an order placed by you at any time and for any lawful reason prior to our delivery of the product(s) and receipt of payment in full from you, provided that we will refund any fees that you prepaid for those products. We may send an acknowledgment of receipt of your order and/or proof of purchase information through the LITEBOXER Site or to your email address after your payment has been processed. Please see our Limited Warranty and Return and Refund Policy for further information about the LITEBOXER products.
If you are a Commercial Buyer, in addition to this Agreement, your purchase of the Liteboxer Service (including the Device and Membership) is governed by the applicable commercial program. The commercial program requires Commercial Buyers to purchase a commercial Membership, depending on the number of unique users that may access the LITEBOXER Service you have purchased. If you violate the terms of the commercial program or this Agreement, the Limited Warranty will be automatically voided and LITEBOXER may suspend, disable, or delete your account and your (and the users accessing the Liteboxer Service under your account) ability to access the LITEBOXER Service.
TERM AND TERMINATION OR ACCOUNT DELETION
Term. This Agreement continues as long as you have an account with us and/or continue to use the LITEBOXER Service.
Termination for Breach. LITEBOXER may, in LITEBOXER’s sole discretion, suspend, disable, or delete your account (or any part thereof) or block or remove any User Content (defined below) that you submitted if LITEBOXER determines that you have violated this Agreement or that your conduct or User Content would tend to damage LITEBOXER’s reputation and goodwill. If LITEBOXER deletes your account for these reasons, you may not re-register for or use the LITEBOXER Service under any other user name or profile. LITEBOXER may block your access to the LITEBOXER Service to prevent re-registration.
Effect of Termination / Account Deletion. Upon termination of this Agreement all licenses granted by LITEBOXER will terminate. The following sections survive termination: Submissions, Indemnification, Limitation of Liability, Professional Advice Disclaimer, Medical Disclaimer, Intellectual Property and all General Provisions. If your account is deleted for any reason, User Content may no longer be available and LITEBOXER is not responsible for the deletion or loss of such User Content. For clarity, if you cancel your Membership or it is terminated for any reason, you will lose access to on-demand classes, and any other content or features provided through the LITEBOXER Service. LITEBOXER, in our sole discretion, may make available a limited amount of content or features to non-members from time to time.
Any video, image, graphics, photos, text, audio recording, content, materials, information or other works that is submitted to the LITEBOXER Service by or on behalf of users (“User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations, and does not infringe, misappropriate or otherwise violate the intellectual property rights (including, without limitation, patent rights, copyrights or trademarks) or trade secrets of any third party. You represent that you have the right to submit the User Content to LITEBOXER and grant the licenses set out below and that the User Content complies with the terms of this Agreement and all applicable laws. You acknowledge that all content, including User Content, accessed by you using the LITEBOXER Service is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We make no representations, warranties or guarantees with respect to any content that you access on or through the LITEBOXER Service. You grant LITEBOXER a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable, royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Content for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content. You further grant all users of the LITEBOXER Service, including trainers (if applicable), permission to view and use your User Content for their personal, non-commercial purposes, or for purposes relating to your personal training sessions (if applicable). If you make suggestions to LITEBOXER or through the LITEBOXER Service about improving or adding new features or products to the LITEBOXER Service or you otherwise provide feedback or testimonials, LITEBOXER a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use your suggestions, feedback and testimonials without any compensation or other obligation to you.
You may not upload, post, submit, distribute, or transmit (collectively, “submit”) to any portion of the LITEBOXER Service any User Content that:
- Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Contains sexually explicit content or pornography;
- Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
- Exploits minors;
- Depicts unlawful acts or extreme violence;
- Depicts animal cruelty or extreme violence towards animals;
- Promotes fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-
- making ventures; or
- Violates any law.
CODE OF CONDUCT
In using the LITEBOXER Service, you must behave in a civil and respectful manner at all times. In addition to the restrictions set forth in this Agreement, you will not:
- Act in a deceptive manner by, among other things, impersonating any person;
- Harass or stalk any other person;
- Harm or exploit minors;
- Distribute "spam";
- Collect information about others;
- Advertise or solicit others to purchase any product or service;
- Engage in any conduct that promotes, relates to, or condones lack of respect, discrimination, or violence of any kind against any individuals or groups;
- Engage in any conduct that is offensive or illegal; or
- Violate any other community rules or codes of conduct that LITEBOXER may impose.
As a user of the App, you represent and warrant that: (a) the App will not be downloaded in, used in, or transported to a country that is subject to a U.S. Government embargo or EU government sanctions, or that has been designated by the U.S. Government or any EU government as a "terrorist-supporting" country or similar; and (b) you are not listed on any U.S. Government or EU government list of prohibited or restricted parties.
LITEBOXER may remove, or refuse to post any content, software and/or Apps, in whole or in part, in LITEBOXER’s sole discretion or to satisfy or comply with applicable laws, regulations, legal processes and/or maintain the integrity and reputation of the LITEBOXER Service and LITEBOXER’s systems.
MEMBER INTERACTIONS, DEALINGS WITH THIRD PARTIES
When interacting with other LITEBOXER users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other people you don’t know. Your participation, correspondence or personal or business dealings with any third party found on or through the LITEBOXER Service are solely between you and such third party. You agree that LITEBOXER is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such dealings.
App Store. When you download our App, you may do so through a third party’s App Store. You acknowledge that this Agreement is between you and us and not with the owner or operator of the App Store (“App Store Owner”). As between the App Store Owner and us, we, and not the App Store Owner, are solely responsible for the LITEBOXER Service, including the App, the content, maintenance, support services, and warranty, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store Owner in connection with the App. The following applies to any App Store Sourced App:
- Your use of the App Store Sourced App must comply with the App Store’s “Terms of Service” or equivalent terms;
- You acknowledge that the App Store Owner has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced App;
- In the event of any failure of the App Store Sourced App to conform to any applicable warranty, you may notify the App Store Owner, and the App Store Owner will refund the purchase price for the App Store Sourced App to you (if any) and to the maximum extent permitted by applicable law, the App Store Owner will have no other warranty obligation whatsoever with respect to the App Store Sourced App;
- As between LITEBOXER and the App Store Owner, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of LITEBOXER;
- You and we acknowledge that, as between LITEBOXER and the App Store Owner, the App Store Owner is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced App or your possession and use of the App Store Sourced App, including, but not limited to (i) product liability claims; (ii) any claim that the App Store Sourced App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation;
- You and we acknowledge that, in the event of any third-party claim that the App Store Sourced App or your possession and use of that App Store Sourced App infringes that third party’s intellectual property rights, as between LITEBOXER and the App Store Owner, LITEBOXER, not the App Store Owner, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement; and
- You and we acknowledge and agree that the App Store Owner, and the App Store Owner’s subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the App Store Sourced App, and that, upon your acceptance of this Agreement, the App Store Owner will have the right (and will be deemed to have accepted the right) to enforce the terms of this Agreement as related to your license of the App Store Sourced App against you as a third-party beneficiary thereof.
You agree to indemnify, defend, and hold harmless LITEBOXER and our directors, officers, employees, and agents, from and against all claims, damages, losses and costs, including reasonable attorney’s fees and costs, that arise from or relate to (i) your activities on the LITEBOXER Service, (ii) any User Content submitted by or on behalf of you or (iii) your violation of this Agreement. You shall cooperate as fully as reasonably required in the defense of any such claim. LITEBOXER reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
THIRD PARTY SOFTWARE AND APPS
Downloading and/or installing any third party software and/or Apps that are not expressly authorized by LITEBOXER on the Device or any LITEBOXER hardware is strictly forbidden; any such downloading or installation is done at your own risk and will void any applicable warranty or support commitments by LITEBOXER.
THIRD PARTY LINKS, CONTENT, AND MATERIALS
There may be links on the LITEBOXER Service that allow you to leave the service to access a site that is operated by a third party. LITEBOXER neither controls nor endorses these sites, nor has LITEBOXER reviewed or approved the content that appears on them. You acknowledge that LITEBOXER is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any such third party sites, or any damage or loss caused or alleged to be caused by or in connection with the access or use of such third party sites.
LITEBOXER may update, add to, enhance, modify, remove or alter any content or features of the LITEBOXER Service at any time, in our sole discretion. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the LITEBOXER Service. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the LITEBOXER Service.
LITEBOXER provides the LITEBOXER Service on an “AS IS” and “AS AVAILABLE” basis. You use the LITEBOXER Service at your own risk. No advice or information provided by LITEBOXER or a LITEBOXER instructor will create any warranty not expressly made herein. Other than as expressly provided in writing by LITEBOXER in connection with your purchase of a LITEBOXER product (for example, the Device), LITEBOXER expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law with respect to the LITEBOXER Service. Without limiting the foregoing, LITEBOXER makes no representations or warranties:
- That the LITEBOXER Service is or will be permitted in your jurisdiction;
- That the LITEBOXER Service will be uninterrupted or error-free;
- That the LITEBOXER Service will function properly outside the U.S.;
- Concerning any content, including User Content;
- Concerning any third party’s use of User Content that you submit;
- That the LITEBOXER Service will meet your personal or professional needs;
- That LITEBOXER will continue to support any particular feature of the LITEBOXER Service;
- Concerning sites and resources outside of the LITEBOXER Service, even if linked to from the LITEBOXER Service; or
- Third-party equipment provided by LITEBOXER.
To the extent that another party may have access to or view content on your Device, you are solely responsible for informing such party of all disclaimers and warnings in this Agreement.
LIMITATION OF LIABILITY
To the fullest extent permitted by law: (i) LITEBOXER will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) LITEBOXER's total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to LITEBOXER over the three (3) months preceding the date your first claim(s) arose. If you live in a jurisdiction that does not allow certain exclusions or limitations of liability, the above exclusions or limitations may not apply to you. To the extent that one or any aspect of LITEBOXER’s limitations set forth above does not apply, all remaining aspects survive. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between LITEBOXER and you.
PROFESSIONAL ADVICE DISCLAIMER / MEDICAL DISCLAIMER
Professional Advice Disclaimer. THE LITEBOXER SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON INFORMATION OR TRAINING PROGRAMS AVAILABLE IN OR VIA THE LITEBOXER SERVICE, INCLUDING INFORMATION AND PROGRAMS TAILORED SPECIFICALLY FOR YOU, AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF INFORMATION AVAILABLE ON THE LITEBOXER SITE OR LITEBOXER SERVICE OR COMMUNICATED TO YOU THROUGH THE LITEBOXER SITE OR LITEBOXER SERVICE. THE USE OF INFORMATION PROVIDED THROUGH THE LITEBOXER SERVICE IS SOLELY AT YOUR OWN RISK
NOTHING STATED OR POSTED ON THE LITEBOXER SITE OR AVAILABLE THROUGH ANY LITEBOXER SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE LITEBOXER SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND LITEBOXER MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS ON THE LITEBOXER SITE OR IN THE LITEBOXER SERVICE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE LITEBOXER SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
Medical Disclaimer. In subscribing to or otherwise using the LITEBOXER Service, you affirm that either your physician has approved your use of the LITEBOXER Service or that all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness as a result of exertion; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure; and (viii) you do not know of any other reason you should not exercise. You are responsible for providing accurate information and disclosing any health or medical issues.
LITEBOXER may refuse or cancel your Membership or deny you access to a LITEBOXER Service if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.
You acknowledge that the LITEBOXER Service contains software and other content that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All LITEBOXER-generated content, and content provided to LITEBOXER by our partners and licensors, is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, as between you and LITEBOXER, LITEBOXER owns a copyright in the selection, coordination, arrangement and enhancement of all content in the LITEBOXER Service. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to access and use the LITEBOXER Service, you may download copies of Apps associated with the LITEBOXER Service to devices you own or control for your personal, non-commercial use of the LITEBOXER Service and for no other purpose whatsoever, provided you keep intact all copyright and other proprietary notices. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to access and use the LITEBOXER Service, LITEBOXER hereby grants you a limited, revocable, non-exclusive, non-transferable right and license to access and use the content made available on the LITEBOXER Service for your personal, non-commercial use of the LITEBOXER Service and for no other purpose whatsoever. Unless otherwise specified, copying or modifying any content or using content for any purpose other than your personal, non-commercial use of the LITEBOXER Service, including use of any such content on any other website or networked computer environment, is strictly prohibited.
The LITEBOXER name, logos and affiliated properties, designs and marks are the exclusive property of LITEBOXER and/or our affiliates, whether registered or unregistered, and may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. Nothing contained on the LITEBOXER Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or other intellectual property without our express prior written consent. You may not represent yourself to be an authorized reseller of the LITEBOXER Service, or suggest any endorsement or partnership with LITEBOXER without our express prior written consent. If you plan to use the LITEBOXER in connection with any commercial activity (aside from the individual sale of a LITEBOXER by a consumer who purchased the LITEBOXER for personal use), you must receive prior consent from LITEBOXER. LITEBOXER reserves the right to request any changes or removal of the LITEBOXER displayed in any commercial setting (e.g., an auction, showroom, conference, live demonstration, event, etc.).
Any other trademarks appearing on the LITEBOXER Service are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content that they make available through the LITEBOXER Service. All rights not expressly granted in this Agreement are reserved.
COPYRIGHT / DMCA POLICY
LITEBOXER respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that their User Content does not infringe any third party copyright or other intellectual property rights.
LITEBOXER will promptly remove materials from the LITEBOXER Site and LITEBOXER Service in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party's copyright. In addition, LITEBOXER may, when appropriate, terminate the accounts of repeat copyright infringers.
Filing a DMCA Notice to Remove Copyrighted Content - for Copyright Holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
- Your name, address, telephone number, and email address.
- A description of the copyrighted work that you claim has been infringed.
- A description of where on the LITEBOXER Site the material that you claim is infringing may be found, sufficient for LITEBOXER to locate the material (e.g., the URL).
- A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
- A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- Your electronic or physical signature.
You may submit this information, or any counter notice, via email, with the subject line “DMCA Notices” to: firstname.lastname@example.org
Liteboxer Technologies, Inc.
8 Merrill Industrial Drive
Hampton, NH 03842
LITEBOXER may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.
If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.
ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
Arbitration. YOU AND WE AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR OUR OFFICERS, DIRECTORS OR EMPLOYEES IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THIS AGREEMENT, YOUR USE OF THE LITEBOXER SERVICE, AND/OR RIGHTS OF PRIVACY OR PUBLICITY, WILL BE RESOLVED BY BINDING ARBITRATION USING A SINGLE ARBITRATOR UNDER THE JAMS, INC. (“JAMS”) RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES IN EFFECT AT THE TIME OF DISPUTE. THE ARBITRATION WILL TAKE PLACE IN SUFFOLK COUNTY, MASSACHUSETTS AND SHALL BE COVERED BY THE SUBSTANTIVE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS. YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT EITHER PARTY MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE EQUITABLE RELIEF IN ANY U.S. FEDERAL OR STATE COURT HAVING JURISDICTION TO PROTECT AGAINST AN INFRINGEMENT OR MISAPPROPRIATION OF THAT PARTY’S INTELLECTUAL PROPERTY RIGHTS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
Class Action Waiver. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLAIM YOU MAY HAVE AGAINST US, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision is governed by the Federal Arbitration Act and not by any state law concerning arbitration. If JAMS is unwilling or unable to set a hearing date within 160 days of filing, then either we or you can elect to have the arbitration administered instead by the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement.
Time Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with your relationship with us, including the use of the LITEBOXER Service or this Agreement, must be filed within one year after such claim or cause of action arose or be forever banned.
Fees. Your arbitration fees will be limited to those fees set forth in the JAMS Rules for Arbitration of Consumer-Related Disputes with the remainder paid by LITEBOXER.
Survival. This Section will survive the termination of your relationship with us. If any of the prohibitions against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable under applicable law, then such provisions will be null and void and severed from this Agreement.
This Agreement will be governed by the laws of the Commonwealth of Massachusetts, United States of America, without regard to principles of conflicts of law that would require a different result. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods will not apply.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES
Headings are for convenience only and will not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by LITEBOXER in exercising any right hereunder will waive any further exercise of that right. LITEBOXER's rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD-PARTY BENEFICIARIES
This Agreement is binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer this Agreement without LITEBOXER’s prior written consent. No third party has any rights hereunder. LITEBOXER may assign our rights, obligations, and/or this Agreement at any time in our sole discretion without notice to you.
You consent to receive all communications including notices, agreements, disclosures, or other information from LITEBOXER electronically. LITEBOXER may communicate by email or by posting to the LITEBOXER Service. For support-related inquiries, you may email email@example.com. For all other notices to LITEBOXER, write to the following address:
Liteboxer Technologies, Inc.
8 Merrill Industrial Drive
Hampton, NH 03842
Nothing in this Agreement or otherwise limits LITEBOXER’s right to object to subpoenas, claims, or other demands.
This Agreement incorporates the following legal documents by reference, as well as any other policies or procedures referenced herein that are posted to the LITEBOXER Site from time to time:
- Limited Warranty
- Return and Refund Policy
If there is a conflict between any policies posted on the LITEBOXER Service and the terms of this Agreement, the terms of this Agreement will control. This Agreement represents the entire understanding between LITEBOXER and you and supersedes all prior agreements and understandings regarding the same.