FightCamp Terms of Service
Last Updated on February 18th, 2019
Hykso Inc. ("Hykso", "we", "us", or "our"), a Delaware corporation with offices at 936 W 17th St., Costa Mesa, CA, 92627, Costa Mesa, California 92626, provides products and services that empower users to train smarter and reach new heights in sports and fitness performance.
These Terms of Service ("Terms") govern your use and access of the website at www.joinfightcamp.com (the "Site"), any mobile applications (each an "App"), personal fitness and sports electronic monitoring products and devices manufactured, distributed, or sold by Hykso ("Hykso Devices"), and any features, products, equipment or services provided or otherwise made available on or through our Site or Apps (collectively, the "FightCamp Service"). These Terms are a binding legal agreement between you and Hykso. In these Terms, "You" and "your" refer to you, a User of the FightCamp Service. A "User" is you or anyone who accesses, browses, or in any way uses the Site, Apps or Hykso Devices.
PLEASE BE AWARE THAT THESE TERMS INCLUDE, AMONG OTHER THINGS, A BINDING ARBITRATION PROVISION THAT REQUIRES YOU TO SUBMIT TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE SEE SECTION 14 BELOW.
Please read these Terms carefully, as they may have changed. Though your access and use of the FightCamp Service is governed by the Terms effective at the time, please note that we may revise and update these Terms from time to time in our sole discretion. If we make material changes to these Terms, we will notify you by email or by posting a notice on the Site or within our Apps prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made.
These Terms are to ensure that you will use the FightCamp Service only in the ways in which Hykso intends it to be used, and to make clear what uses Hykso will not permit, will not be responsible for, or both.
BY ACCESSING OR USING THE FIGHTCAMP SERVICE:
- You acknowledge that you have read, understood, and accept these Terms and any additional documents or policies referred to in or incorporated into these Terms, whether you are participating as a guest or as a registered User;
- If these Terms have materially changed since you last accessed or used the FightCamp Service, you acknowledge and agree that your continued access or use of the FightCamp Service constitutes your acceptance of the changed Terms;
- You represent and warrant that you are at least 18 years of age (or the age of legal majority in your jurisdiction of residence) and have the right, authority, and capacity to enter into these Terms, on behalf of yourself or another person that you represent; and
- You consent to receive communications from us electronically, and you agree that such electronic communications, notices, and postings satisfy any legal requirements that such communications be in writing.
1. Access and Use of the FightCamp Service.
We grant you permission to access and use the FightCamp Service for your personal enjoyment and non-commercial use, subject to the conditions, restrictions and prohibited uses set out in these Terms. It is a condition of your use of the FightCamp Service that the information you provide is correct, current, and complete. Your use of the FightCamp Service is at your own risk. You are responsible for making all arrangements necessary for you to have access to or to use the FightCamp Service.
Eligibility Requirement. You must be at least 18 years of age to register for and purchase a subscription to the FightCamp Service. If you are under 18 years of age (or the age of legal majority in your jurisdiction of residence), you may only access or use the FightCamp Service with the consent of and under the supervision of a parent or legal guardian who agrees to be bound by these Terms. You may not use the FightCamp Service if you are barred from receiving the FightCamp Service or your use of the FightCamp Service is prohibited by or conflicts with any applicable law. We may, in our sole discretion, refuse to offer the FightCamp Service to any person and change the eligibility requirement at any time.
Necessary Devices and Equipment. Authorized Hykso Devices are required for full use of the FightCamp Service and may be purchased separately through the Site. You may not access or use the FightCamp Service with any device that is not manufactured, distributed, or sold by Hykso (such as a knock-off or counterfeit version of a Hykso Device); otherwise intends to resemble or purports to be a Hykso Device; or any unauthorized application or third-party connection to the FightCamp Service. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the FightCamp Service.
Limited Product Warranty for Hykso Devices. Hykso warrants to the original purchaser that the Hykso Devices will be free from defects in workmanship and materials under normal use for a period of 12 months from the date of delivery to the original purchaser, provided the Hykso Devices have not been subjected to abuse, neglect or misuse (as solely determined by Hykso). If such a defect arises within the 12 months warranty period, at Hykso's option and to the extent permitted by law, Hykso will either repair or replace the defective Hykso Devices. These are your sole and exclusive remedies under this limited product warranty.
Additional equipment, such as boxing gloves and a free-standing heavy bag, may be used (and purchased from Hykso via the Site or other authorized method) to enhance the FightCamp Service and workout experience. Hykso's Return Policy apply to the purchase of products from Hykso, including a Hykso Device. Additional terms may apply to certain products or services offered by Hykso. In the event of a conflict between these terms and any additional terms for Hykso products or services, the additional terms will control.
Full use of the FightCamp Service is dependent upon your use of a supported mobile device and internet access. You may also stream the FightCamp Service from the App to your TV; please visit the User Manual for more details. The maintenance and security of any devices, equipment or other technical requirements may influence the performance of the FightCamp Service and it is your responsibility to ensure functionality of such devices, equipment or other technical requirements.
Use the FightCamp Service at Your Own Risk. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the FightCamp Service. Data relating to your Hykso Devices or your workouts may be unavailable, inaccurate or incomplete. If you rely on any Hykso Content (as described below) or the FightCamp Service, you do so solely at your own risk.
Changes to the FightCamp Service. We may change, modify, suspend or discontinue any feature, functionality or component of the FightCamp Service at any time and without notice. Hykso is not and will not be liable to you or any third party for any change, modification, suspension or discontinuance of any feature, functionality or component of the FightCamp Service. We reserve the right to determine the timing and content of updates to the FightCamp Service and related software, which may be automatically downloaded and installed by Hykso products without prior notice to you.
Updates to the App. We may issue updated versions of our App from time to time and may automatically update the version of the App that you are using. You agree, upon request by us at any time, to use the most up-to-date version of the App to access the FightCamp Service. You consent to such automatic updating on your mobile device and agree that these Terms will apply to any such updates. Standard carrier data charges may apply to your use of the App.
2. Membership Registration and Account Security.
As a Member, you are responsible for all activities that occur in connection with your account. You will treat as confidential your account access credentials and will not disclose it to any third-party. You agree to immediately notify Hykso if you have any reason to believe that your account credentials have been compromised or if there is any unauthorized use of your account or password, or any other breach of security. We ask that you use particular caution when accessing your profile from a public or shared computer, or when using your account in a public space, such as a park or cafe or public library, so that others are not able to view or record your access credentials or other personal information.
You may not impersonate someone else to create an account, create or use an account for anyone other than yourself unless otherwise permitted under these Terms, permit anyone else to use your account, or provide personal information for purposes of account registration other than your own.
In order to ensure we can protect and properly administer the FightCamp Service and our community of users, we have the right to disable or close any user account at any time and for any reason or for no reason.
3. Subscription to the FightCamp Service
You may purchase an automatically renewing subscription to the FightCamp Service ("Subscription"). Hykso will provide information about the available Subscription plans, pricing and the benefits and services included in such Subscription on the Site, within the App or by other means through or in connection with the FightCamp Service. We reserve the right to change pricing for a Subscription or any components of a Subscription in any manner and at any time. Any price changes will take effect following reasonable notice to you of such change.
Your Subscription will Automatically Renew. The term of your Subscription will be determined according to the Subscription plan you select during registration and will automatically renew for such term duration (each a "Subscription Term"). A Subscription Term may vary, for example, with monthly, bi-annual or annual automatic renewal terms, as described in the course of your transaction. Your Subscription will automatically renew for additional Subscription Terms as long as your Subscription continues, until you cancel your Subscription or we suspend or stop providing the Subscription in accordance with these Terms. Unless otherwise indicated by us, you will be charged prior to, or at the beginning of, each renewal Subscription Term. Before charging you for a Subscription Term, we will notify you of the applicable fees, and the renewal will occur at the price then in effect for the Subscription.
How to Change or Cancel Your Subscription. You may change or update your Subscription (for example, to a new Subscription plan) by emailing us at firstname.lastname@example.org. You may cancel your Subscription at any time by sending us an email to email@example.com, with the subject line "Cancel Subscription" and your reason for cancelling; our customer support team will send you next steps to complete your cancellation. Your cancellation will take effect at the end of the current Subscription Term.
In the event you cancel your Subscription, note that we may still send you promotional communications about FightCamp or Hykso products or services, unless you opt out of receiving those communication by following the unsubscribe instructions provided in the communications.
No Refunds. When you cancel your Subscription, you cancel only future charges for your Subscription. You will not receive a refund for the current Subscription Term you paid for, but you will continue to have full access to the Subscription until the end of that current Subscription Term.
Free Trials. From time to time, we may offer free trials of certain Subscriptions for specified periods of time without payment. If we offer you a free trial, the specific terms of your free trial will be provided in the materials describing the particular trial. Once your free trial ends, we (or our third-party payment processor) will begin billing your designated payment method on a recurring basis for your Subscription (plus any applicable taxes and other charges) for as long as your Subscription continues, unless you cancel your Subscription prior to the end of your free trial. Instructions for canceling your Subscription are described in the sections above. To avoid any charges, you must cancel your Subscription before the end of your free trial period. Before charging you at the end of the free trial period, we will notify you of the applicable fees.
Other Promotions and Offers. We may offer additional promotions or offers, including discounts or other types of trials, related to a Subscription or Hykso products or services. Please read the details of any such promotion or offer carefully as there may be additional terms presented to you during the registration or sign-up process and such terms are incorporated by reference into these Terms.
Payment and Billing Authorization. You authorize Hykso or our third-party payment processor to charge your chosen payment method for the total amount of your Subscription and purchase, including any applicable taxes and other charges. By providing a payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that the information related to such payment method is true, accurate and complete. If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Subscription may be suspended or canceled. You must resolve any problem we encounter in relation to the payment method you select in order to proceed with your use of the FightCamp Service.
Please note that if you accept a promotion or offer or make changes to your Subscription, the amount billed may vary. It may also fluctuate due to changes in applicable taxes or currency exchange rates. In either case, you authorize us or our third-party payment processor to charge your payment method for the corresponding amount.
4. Prohibited Uses and Conduct.
You may use the FightCamp Service only for its intended and lawful purposes and in accordance with these Terms. We are under no obligation to enforce the Terms on your behalf against another User or Member. We encourage you to let us know if you believe another User or Member has violated the Terms or otherwise engaged in prohibited or illegal conduct.
You agree not to, and will not assist, encourage, or enable others to use the FightCamp Service:
- For any commercial purpose, except as expressly permitted under these Terms;
- To violate any applicable national, regional, federal, state, local, or international law or regulation;
- To transmit, or procure the sending of, any advertising or promotional material;
- To threaten, stalk, harm, or harass others, or to promote bigotry or discrimination;
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the FightCamp Service, or which, as determined by us, may harm Hykso or Users of the FightCamp Service or expose them to liability;
- To create, send, knowingly receive, display, transmit, upload, download, use, or reuse any material or Content (defined below) that:
- Contains any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
- Promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- Infringes any patent, trademark, trade secret, copyright, or other intellectual property rights of any other person;
- Is likely to deceive or confuse any person; or
- Promotes or assists in any illegal activity.
Additionally, you agree not to, and will not assist, encourage, or enable others to:
- Violate these Terms;
- Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site, an App, FightCamp Service or Application Content (other than Your Content), except as expressly authorized by Hykso;
- Remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the FightCamp Service or on any materials printed or copied from the FightCamp Service;
- Reformat, frame or mirror the FightCamp Service or any individual element within the FightCamp Service, including but not limited to the layout and design of any page or form contained on a page within the FightCamp Service, without the express written consent of Hykso;
- Record, process, harvest, collect, or mine information about other Users or Members;
- Use the FightCamp Service in any manner that could, in Hykso's sole discretion, disable, overburden, damage, or impair the Site, any App or the FightCamp Service or interfere with any other party's use of the FightCamp Service;
- Use any manual or automatic device, process or other means to access the FightCamp Service for an any unauthorized purpose or to monitor or copy any of the material (including the Application Content) on the FightCamp Service, or for any other unauthorized purpose without Hykso's prior written consent;
- Use any device, software, or routine that interferes with, or otherwise attempt to interfere with, the proper working of the FightCamp Service, or use the FightCamp Service or any Application Content to transmit any computer viruses, worms, defects, Trojan horses, or other items of a destructive nature;
- Remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the FightCamp Service, features that prevent or restrict the use or copying of Application Content, or features that enforce limitations on the use of the FightCamp Service;
- Reverse engineer any portion or all of the FightCamp Service; or
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the FightCamp Service, the server on which the FightCamp Service is stored, or any server, computer, or database connected to the FightCamp Service.
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us here, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
5. Health and Safety Warnings.
The FightCamp Service offers fitness and health information and workouts and is designed for educational and entertainment purposes only. For example, the FightCamp Service will not make you a boxing champion and does not promote the use of techniques learned through the FightCamp Service to harm others.
CONSULT YOUR DOCTOR BEFORE USING THE FIGHTCAMP SERVICE. YOU SHOULD CONSULT WITH YOUR DOCTOR BEFORE BEGINNING THE FIGHTCAMP SERVICE OR ANY NEW FITNESS PROGRAM. THE FIGHTCAMP SERVICE AND ANYTHING STATED OR POSTED ON THE SITE, APP OR IN THE FIGHTCAMP SERVICE IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY INJURIES, OR AS A SUBSTITUTE OR REPLACEMENT FOR MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. IF YOU HAVE A MEDICAL OR HEART CONDITION, CONSULT YOUR DOCTOR BEFORE USING THE FIGHTCAMP SERVICE, ENGAGING IN AN EXERCISE PROGRAM OR CHANGING YOUR DIET. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY STOP USING THE FIGHTCAMP SERVICE AND CONSULT WITH A MEDICAL PROFESSIONAL.
DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF ANY INFORMATION MADE AVAILABLE OR HEARD ON THE FIGHTCAMP SERVICE. WE ARE NOT RESPONSIBLE FOR ANY HEALTH PROBLEMS THAT MAY RESULT FROM TRAINING PROGRAMS, CONSULTATIONS, PRODUCTS, OR EVENTS YOU LEARN ABOUT THROUGH THE FIGHTCAMP SERVICE. IF YOU ENGAGE IN ANY EXERCISE PROGRAM YOU RECEIVE OR LEARN ABOUT THROUGH THE FIGHTCAMP SERVICE, YOU AGREE THAT YOU DO SO AT YOUR OWN RISK AND ARE VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES.
Use Common Sense and Good Judgment while using the FightCamp Service. Use of the FightCamp Service and use of any techniques you learn through the FightCamp Service should not replace your good judgment and common sense. Please read and comply with the User Manual and all safety notices that accompany your Hykso Devices, products or services. Hykso does not make any guarantees or promises about any physical or other results from the workouts, techniques or other information provided through the FightCamp Service.
Use of the Devices. Only use the Hykso Devices in the intended manner. Do not place the Hykso Devices directly on your skin. Wearing Hykso Devices during sparring or any other contact exercise may cause discomfort or improper pressure during a contact. To reduce such discomfort and any associated risks, follow these tips:
- Place the Hykso Device at the end of your hand wraps.
- Always wear the Hykso Device under your gloves.
- Tighten the Hykso Devices properly.
If you notice any marks or injuries, immediately remove the Hykso Devices during exercise. If symptoms persist longer than 2-3 days after removing the Hykso Devices, consult your doctor. If you feel soreness, tingling, numbness, burning or stiffness in your hands or wrists while or after wearing the Hykso Devices or other product, please discontinue use and return the Hykso Devices to Hykso in accordance with our return procedure.
- "Content" means text, graphics, images, photos, music, audio, video, location data, and all other forms of data, information or communication.
- "Your Content" means Content that you submit or transmit to, through, or in connection with the FightCamp Service that you publicly display or displayed in your account profile.
- "Member Content" means Content that Members submit or transmit to, through, or in connection with the FightCamp Service.
- "Hykso Content" means Content that we create, post, generate, provide or otherwise make available through or in connection with the FightCamp Service.
- "Third-Party Content" means Content that originates from parties other than Hykso or its Members, which is made available in connection with the FightCamp Service.
- "Application Content" means all of the Content that is made available in connection with the FightCamp Service, including Your Content, Member Content, Third-Party Content, and Hykso Content.
Responsibility for Your Content and Member Content. Our goal is to provide helpful and accurate information on the FightCamp Service, but we make no endorsement, representation or warranty of any kind about any Content, information, or recommendations provided or made available through the FightCamp Service, unless otherwise stated in these Terms. We are not responsible or liable to any third-party for the content or accuracy of any materials posted by you or any other Member of the FightCamp Service. You understand and acknowledge that you alone are responsible for Your Content, and you, not Hykso, assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, reliability, appropriateness, or any disclosure by you of information in Your Content that makes you or anyone else personally identifiable. You represent that you own or have the necessary rights, consents, and permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Hykso.
You represent and warrant that Your Content will comply with the following FightCamp community guidelines and does not violate this Section of these Terms:
- Be respectful of the opinions of others. Even though you might not agree with another Member, an instructor or other User of the FightCamp Service, that doesn't mean they are wrong or deserve to be belittled. Remember that what works for you may not work for everyone else. Give everyone the same courtesy you would expect in return.
- Do not post profane or explicit Content.
- Do not post profile pictures that might be considered inappropriate.
- Do not post communications that could be interpreted as threatening or harassing.
- Do not post, advertise, or promote products or services commercially.
You understand that when using the FightCamp Service, you will be exposed to Content from a variety of sources, and that Hykso is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and that such Content is not the responsibility of Hykso (except for certain Hykso Content, such as workout videos). We cannot review everything that is posted to the FightCamp Service, any content and/or opinions uploaded, expressed, or submitted to the FightCamp Service, and all Application Content other than the Content officially provided by Hykso, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of Hykso. We do not endorse any Content submitted to the FightCamp Service by any Member or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaims any and all liability in connection with such Content.
We do not permit copyright infringing activities and infringement of intellectual property rights on the FightCamp Service, and we will remove any Content if properly notified that such Content infringes on another's intellectual property rights. We reserve the right to remove Content without prior notice. We will terminate a User's access or Member's Subscription to the FightCamp Service if, under appropriate circumstances, the User or Member is determined to be a repeat infringer. Please read Hykso's DMCA Copyright policy below.
Our Right to Use Your Content. You hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Pursuant to this grant, you agree that we may use Your Content in a number of different ways, including by publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, and distributing it. Please note that you also irrevocably grant the users of the FightCamp Service the right to access Your Content in connection with their use of the FightCamp Service. Finally, you irrevocably waive, and cause to be waived, against Hykso and its users any claims and assertions of moral right or attribution with respect to Your Content. By "use" we mean use, make, have made, sell, offer for sale, import, practice, copy, publicly perform and display, reproduce, perform, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content. We are not and shall not be under any obligation, except as otherwise expressly set forth in these Terms or our other policies, (1) to maintain Your Content or any Member Content in confidence; (2) to pay you any compensation for any Member Content; (3) to credit or acknowledge you for Your Content; (4) to respond to Your Content or any Member Content; or (5) to exercise any of the rights granted herein with respect to Your Content.
Ownership. As between you and Hykso, you own Your Content, subject to the licenses granted in these Terms. We own Hykso Content, the FightCamp Service and its underlying technology and software, including proprietary rights of every kind and nature however denominated throughout the world, registered or unregistered, associated with such Hykso Content and the FightCamp Service, such as patents, patent applications, copyrights, copyrightable works of expression, trademarks, service marks, trade names, rights of publicity and privacy, moral rights, know-how, trade secrets, software and database rights ("IP Rights"), any and all applications, registrations, renewals, or derivatives in connection with the foregoing IP rights, all rights to obtain, register, perfect and enforce these IP rights throughout the world, and any and all actions and rights to sue at law or in equity for any past or future infringement or other impairment of the foregoing IP rights. As such, you may not use, practice, sell, make, offer for sale, have made, import, modify, reproduce, distribute, perform, create derivative works or adaptations of, publicly display, or in any way exploit any of Hykso Content or the FightCamp Service in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Hykso Content and FightCamp Service are retained by us.
Trademarks. The Hykso name, the Hykso logo and all related names, logos, taglines, product and service names, designs, and slogans are trademarks of Hykso or its affiliates or licensors. You may not use these names without the prior written consent of Hykso. All other names, brands, and marks that may appear on the FightCamp Service remain the property of their respective owners and appear here for identification purposes only.
Copyright Infringement and Digital Millennium Copyright Act. We respect the intellectual property rights of others, and we ask our users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, in appropriate circumstances and in our sole discretion, we may terminate the rights of any user to use the Site and/or Services (or any part thereof) who infringes the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or if you are aware of someone so infringing on your rights, please provide the following information to the "Copyright Agent":
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- A description of the copyrighted work that you claim has been infringed upon.
- A description of where the material that you claim is infringing is located on the Site and/or Services.
- Your address, telephone number, and email address.
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, and/or the law.
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
All notices of copyright infringement claims should go to our Copyright Agent:
ATTN: Hykso Copyright Agent
936 W 17th St.
Costa Mesa, California 92627
7. Links to Third-Party Sites and Services.
The FightCamp Service and Member posts may contain hyperlinks to other websites, applications, products or services ("Third-Party Services"). If there are Third-Party Services linked to on the FightCamp Service, either by Hykso or by you, these links are provided only for the convenience of our Users and Members. We have no control over the contents of Third-Party Services, and therefore cannot accept responsibility for them or for any loss or damage that may arise from your use of them.
By sending us any feedback, comments, suggestions, documents, proposals or other materials or information regarding our products or services ("Feedback") through any means (such as our help forums, social network pages, etc.), you agree that (i) your Feedback does not contain the confidential or proprietary information of any third party, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Hykso and the Users or Members of the FightCamp Service any claims and assertions of any rights contained in such Feedback.
9. No Guarantee of Service.
Although we hope to make the FightCamp Service available at all times in the future, there may be times when we need to disable the Site, App or FightCamp Service either temporarily or permanently. The FightCamp Service may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability. Keep this in mind as Hykso will not be liable if all or any part of the FightCamp Service is unavailable at any time, for any period of time. Also, from time to time, we may restrict access to some parts of the FightCamp Service, or the entire FightCamp Service, to users, including registered users. We cannot and do not make any representations or warranties with respect to the devices you use to access or use the FightCamp Service, including with respect to device compatibility.
10. Disclaimer of Warranties.
EXCEPT AS OTHERWISE STATED IN THESE TERMS, HYKSO HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR PARTICULAR PURPOSE, OR ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE SITE, APP, FIGHTCAMP SERVICE, APPLICATION CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE FIGHTCAMP SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER HYKSO NOR ANY PERSON ASSOCIATED WITH HYKSO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE FIGHTCAMP SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER HYKSO NOR ANYONE ASSOCIATED WITH HYKSO REPRESENTS OR WARRANTS THAT THE FIGHTCAMP SERVICE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE FIGHTCAMP SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR FIGHTCAMP SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE FIGHTCAMP SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS, CONTENT AND INTERACTIONS WITH OTHER USERS OR MEMBERS OF THE FIGHTCAMP SERVICE. YOU FURTHER WAIVE AND HOLD HARMLESS HYKSO FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY HYKSO DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER HYKSO OR LAW ENFORCEMENT AUTHORITIES.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THEN THE FOLLOWING APPLIES. FOR EXAMPLE, (1) CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR" AND (2) NEW JERSEY RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF THE TRUTH IN CONSUMER CONTRACT, WARRANTY, AND NOTICE ACT (X) SECTIONS 15, WHICH STATES, AMONG OTHER THINGS, THAT "NO SELLERS…SHALL IN THE COURSE OF HIS BUSINESS OFFER TO ANY CONSUMER OR PROSPECTIVE CONSUMER OR ENTER INTO ANY WRITTEN CONSUMER CONTRACT OR GIVE OR DISPLAY ANY WRITTEN CONSUMER WARRANTY, NOTICE OR SIGN…WHICH INCLUDES ANY PROVISION THAT VIOLATES ANY CLEARLY ESTABLISHED LEGAL RIGHT OF A CONSUMER OR RESPONSIBILITY OF A SELLER…" AND (X) SECTION 16, WHICH STATES, AMONG OTHER THINGS, THAT "…NO CONSUMER CONTRACT, NOTICE OR SIGN SHALL STATE THAT ANY OF ITS PROVISIONS IS OR MAY BE VOID, UNENFORCEABLE OR INAPPLICABLE IN SOME JURISDICTIONS WITHOUT SPECIFYING WHICH PROVISIONS ARE OR ARE NOT VOID, UNENFORCEABLE OR INAPPLICABLE WITHIN THE STATE OF NEW JERSEY…". YOU HEREBY WAIVE, AS APPLICABLE, THESE SECTIONS OF THE CALIFORNIA CIVIL CODE AND NEW JERSEY TRUTH IN CONSUMER CONTRACT, WARRANTY, AND NOTICE ACT. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED PROVISIONS.
11. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL HYKSO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE FIGHTCAMP SERVICE, WHETHER OR NOT HYKSO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OR MEMBERS OF THE FIGHTCAMP SERVICE, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, OR HOWSOEVER OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM THE FIGHTCAMP SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL HYKSO BE LIABLE TO YOU, (REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) FOR MORE THAN THE GREATER OF (1) $200 OR (2) AMOUNTS PAID BY YOU AS A MEMBER FOR THE USE OF THE FIGHTCAMP SERVICE DURING THE 12 MONTH PERIOD PRECEDING THE DATE ON WHICH SUCH MEMBER FIRST ASSERTS A CLAIM AS A RESULT OF THE MEMBER'S USE OF THE FIGHTCAMP SERVICE.
THE LIMITATIONS OF THIS SECTION WILL NOT APPLY TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.
As a necessary condition of your use of the FightCamp Service, you agree to be responsible for the consequences flowing from your use of the FightCamp Service and any violation of these Terms. Therefore, you hereby agree to defend, indemnify, and hold harmless Hykso, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) resulting from your violation of these Terms or your use of the FightCamp Service, including, without limitation, (i) any access to or use of the Site, an App, Application Content, FightCamp Service, and any related products, services, or materials other than as expressly authorized in these Terms or your use of any information obtained from the FightCamp Service, (ii) Your Content, (iii) your violation or breach of any provision of these Terms, (iv) your violation of any third party rights, including without limitation intellectual property or privacy rights, (v) your or your users' violation of law, (vi) your use of any services provided by third party service providers, or (vii) any breach of any of your representations and warranties.
13. Governing Law.
You agree that: (i) the FightCamp Service shall be deemed solely based in California; and (ii) the FightCamp Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the federal and state courts located in San Francisco County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that San Francisco County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
14. Dispute Resolution, Arbitration and Class Action Waiver.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM HYKSO. For any dispute with Hykso, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally.
Arbitration. In the unlikely event that Hykso has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in San Francisco County, California, unless you and Hykso agree otherwise. If you are using the FightCamp Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses. If you are an individual using the FightCamp Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney's fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Hykso from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.
Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE FIGHTCAMP SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND HYKSO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
We may suspend your ability to use certain portions of the FightCamp Service, deactivate your account and/or ban you altogether from the FightCamp Service for any or no reason, and without notice or liability of any kind. We reserve the right to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Any such action could prevent you from accessing your account, the FightCamp Service, Your Content, Application Content, or any other related information. Upon any termination, we may delete Your Content and other information related to your account.
These Terms will survive any discontinuation, cancellation or termination pursuant to this Section 15, whether by you or us, including without limitation our right to use Your Content as detailed in Section 6.
16. General Terms.
These Terms constitute the sole and entire agreement between you and Hykso with respect to the FightCamp Service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the FightCamp Service.
No waiver of these Terms by Hykso shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Hykso to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to reflect the parties' intention or eliminated to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
The Terms, and any rights or obligations hereunder, are not assignable, transferable, or sublicensable by you except with Hykso's prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
All questions, comments, requests for technical support, and other communications relating to the FightCamp Service should be directed to: email@example.com.
18. Additional Terms for our Application for iOS Mobile Devices available in the App Store ("iOS App").
You acknowledge and agree that these Terms are solely between you and us, not with Apple, and we, not Apple, are solely responsible for the iOS App and any included content or materials. You may only use the iOS App on an Apple-branded mobile device that you own or control and as permitted by the "Usage Rules" set forth in the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App. Any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to us as provider of the iOS App. You acknowledge that Apple is not responsible for addressing any claims from you or any third party relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App. You acknowledge that, in the event of any third party claim that the iOS App or your possession and use of that iOS App infringes that third party's intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
You and we acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms as they relate to your use of the iOS App, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as it relates to your use of the iOS App against you as a third party beneficiary of these Terms.