The Sweet Science Boxing & Fitness Terms and Conditions of Use and Privacy Policy
Last Updated Nov 1st, 2023.
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND
CONDITIONS OF USE AND PRIVACY POLICY (“TERMS”) BEFORE ACCESSING OR USING
The Sweet Science Boxing & Fitness. THESE TERMS CONTAIN DISCLAIMERS OF
WARRANTIES AND LIMITATIONS OF LIABILITIES (see Sections 2 and 3). THESE TERMS
FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A
COPY OF THIS AGREEMENT FOR YOUR RECORDS.
The use of The Sweet Science Boxing & Fitness (hereafter “Gym”), which is owned and
maintained by The Sweet Science Boxing & Fitness (the “Company,” we,” “our,” “us”), is
governed by the policies, terms, and conditions set forth below. Please read them
carefully. We offer the Website, including all information, tools, and services available
from the Website to you, the user, (“You” or “Your”) conditioned upon your acceptance
of all terms and conditions stated here. By accessing or using the Website, you agree to
the terms set forth herein. If you do not agree to these Terms in their entirety, you are
not authorized to use the Website.
THESE TERMS FORM A LEGALLY BINDING AGREEMENT (“AGREEMENT”) BETWEEN
YOU AND THE COMPANY AND SHOULD BE READ CAREFULLY. THIS AGREEMENT
GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE, THE SERVICES PROVIDED BY
THE COMPANY, AND YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR
SERVICES OFFERED BY THE COMPANY.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER
PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY
TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS
MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS
SPECIFIED BELOW IN SECTION 4.
We reserve the right, at our sole discretion, to update, change or replace any part of the
Agreement, by posting updates and changes to our Website. It is your responsibility to
check our Website periodically for changes. Your continued use of or access to our
Website following the posting of any changes to the Agreement constitutes acceptance
of those changes.
SECTION 1 – WEBSITE USE AND CONDUCT RESTRICTIONS
By using the Website, you represent that you are at least the age of majority in your
state or province of residence. If you use the Website, you are affirming that you have
the legal capacity to enter into a binding contract with us, and have read this Agreement
and understand and agree to its terms.
All aspects of our Website are protected by U.S. and international copyright, trademark,
and other intellectual property laws, including all design elements, text material, logos,
taglines, metatags, hashtags, photographic images, personal stories, icons, video and
audio clips, personal training sessions, and downloads. No material on or provided
through the Website may be copied, reproduced, distributed, republished, uploaded,
displayed, posted, or transmitted in any way whatsoever. Nothing herein gives you the
right to use, copy, register as a domain name, reproduce, or otherwise display any logo,
tagline, trademark, trade name, copyrighted material, trade dress, trade secret, or other
proprietary or confidential information owned by Company. Commercial use of such
information is strictly prohibited, except as provided otherwise in these Terms.
Subject to your continued strict compliance with all Terms, Company provides to you a
revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferrable
license to use the Website. You acknowledge and agree that you do not acquire any
ownership rights in any material protected by intellectual property laws.
You agree not to use or attempt to use the Website in any unlawful manner. You further
agree not to commit any unlawful act or attempt to commit any unlawful act on or
through the Website including, but not limited to: (1) hacking and other digital or
physical attacks on the Website; (2) publishing vulgar, obscene, or defamatory material;
or (3) any other unlawful act.
SECTION 2 – DISCLAIMERS OF WARRANTIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE WEBSITE
AND SERVICES IS AT YOUR SOLE RISK. THE WEBSITE AND THE MATERIALS AND
SERVICES CONTAINED AND OFFERED ON THE WEBSITE AND OTHERWISE BY THE
COMPANY ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM
ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY,
TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR
COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT GUARANTEE,
REPRESENT OR WARRANT THAT YOUR USE OF OUR WEBSITE WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE
ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE
THE WEBSITE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE WEBSITE OR ANY
PRODUCT OR SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
SECTION 3 – LIMITATIONS OF LIABILITIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO CASE
SHALL THE COMPANY, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES,
AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE
FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE,
SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT
LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA,
REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT,
TORT (INCLUDING NEGLIGENCE), STATUTE, STRICT LIABILITY, OR OTHERWISE,
ARISING FROM YOUR USE OR ATTEMPTED USE OF ANY PART OF THE WEBSITE OR
PRODUCTS OR SERVICES PROVIDED BY THE COMPANY, OR FOR ANY OTHER CLAIM
RELATED IN ANY WAY TO YOUR USE OR ATTEMPTED USE OF THE WEBSITE OR ANY
PRODUCT OR SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR
OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED,
EVEN IF ADVISED OF THEIR POSSIBILITY.
IF, NOTWITHSTANDING THE LIMITATION OF LIABILITY SET FORTH ABOVE, THE
COMPANY IS FOUND LIABLE UNDER ANY THEORY, THE COMPANY’S LIABILITY AND
YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO THE LESSER OF (I) USD $1,000.00, OR
(II) THE AMOUNT YOU PAID TO THE COMPANY WITHIN THE SIX (6) MONTHS PRIOR
TO THE EVENT GIVING RISE TO YOUR CLAIM. THIS LIMITATION OF LIABILITY SHALL
APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER THE COMPANY WAS AWARE OF
OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS.
SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME
OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE
ADDITIONAL RIGHTS.
SECTION 4 – DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND
CLASS ACTION WAIVER
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR
RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT
YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING
CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE
WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF
YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE
MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A
CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR
OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE
PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A
REPRESENTATIVE OR CLASS PROCEEDING.
Except as provided below and to enforce an arbitrator’s decision hereunder, all disputes,
controversies, or claims arising out of or relating to this Agreement or a breach thereof,
our relationship, or your use or attempted use of the Website or any product or service
offered by the Company, shall be submitted to and finally resolved by individual,
confidential arbitration under the rules of the American Arbitration Association then in
effect. The following terms shall apply. You, the Company, or any involved third party
may pursue a claim. The Company agrees to final and binding confidential arbitration
should it have any claims against you. Likewise, you agree to final and binding
confidential arbitration should you have any claims against the Company. By agreeing
to arbitrate, you waive the right to go to court and agree instead to submit any claims to
final and binding confidential arbitration. This arbitration provision sets forth the terms
and conditions of our agreement to final and binding confidential arbitration and is
governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§
1-16, as amended.
Commencing Arbitration
You and the Company agree to commence any arbitration proceeding within 1 year after
the claim arises and that any arbitration proceeding commenced after 1 year shall be
forever barred.
Arbitration Location
If the amount in controversy is $500 or less, then the arbitration may be conducted by
telephone or by written submissions. Otherwise, the arbitration shall be conducted in
[INSERT STATE OF LOCATION OF The Sweet Science Boxing & Fitness] unless the
Company otherwise agrees to arbitrate in another forum requested by you.
Organization, Rules, and the Arbitrator
We each agree that any and all claims other than those exempted below shall be
submitted to final and binding confidential arbitration before a single arbitrator of the
American Arbitration Association (“AAA”). The arbitrator shall be selected by agreement
of the parties or, if the parties cannot agree, chosen in accordance with Rules of the
AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s
Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-
Related Disputes, in effect at the time of submission of the demand for arbitration. The
AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator
shall have the exclusive and sole authority to resolve any dispute relating to the
interpretation, construction, validity, applicability, or enforceability of these Terms and
this arbitration provision. The arbitrator shall have the exclusive and sole authority to
determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and
sole authority to determine whether this arbitration agreement can be enforced against
a non-signatory to this agreement and whether a non-signatory to this agreement can
enforce this provision against you or the Company.
Fees
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s
Rules. In our sole discretion, we may reimburse the fees charged by the arbitrator for
claims totaling less than $500.00 unless the arbitrator determines the claims are
frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the
arbitrator determines the claims are frivolous. In all other respects, the parties shall
each pay their own additional fees, costs, and expenses, including, but not limited to,
those for any attorneys, experts, documents, and witnesses.
Governing Law and Award
The arbitrator shall follow the substantive law of the State of [INSERT STATE WHERE
GYM IS INCORPORATED OR ORGANIZED] without regard to its conflicts of laws
principles. Any award rendered shall include a confidential written opinion and shall be
final, subject to appeal under the FAA. Judgment on the award rendered by the
arbitrator may be entered in any court of competent jurisdiction.
Enforceability
This provision survives termination of your account or relationship with the Company,
bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable
(i.e., unenforceability would allow arbitration to proceed as a class or representative
action), then this entire arbitration provision shall be rendered null and void and shall not
apply. If a portion of this arbitration provision (other than the class action waiver) is
deemed unenforceable, the remaining portions of this arbitration provision shall remain
in full force and effect.
Miscellaneous
Failure or any delay in enforcing this arbitration provision in connection with any
particular claim will not constitute a waiver of any rights to require arbitration at a later
time or in connection with any other claims except all claims must be brought within the
1 year limitation period set forth above. This Section 4 is the entire arbitration
agreement between you and the Company and shall not be modified except in writing by
the Company.
Exceptions
Notwithstanding the foregoing, and as an exception to final and binding confidential
arbitration, you and the Company both retain the right to pursue, in small claims court,
any claim that is within that court’s jurisdiction and proceeds on an individual (non-
class) basis, including overdue account matters within the small claims court’s
jurisdiction. The Company will not demand arbitration in connection with any individual
claim that you properly file and pursue in a small claims court, so long as the claim is
and remains pending in that court. The following claims shall not be subject to final and
binding arbitration and must be adjudicated only in the state or federal courts located in
Waukesha, Wisconsin, with the parties forever waiving any challenge to said court’s
jurisdiction and venue: (i) any dispute, controversy, or claim, including a claim for
injunctive relief and damages, relating to the infringement or validity of our proprietary
rights, including without limitation, trademarks, service marks, trade dress, copyrights,
trade secrets, or patents, or the intellectual property rights of a third-party; or (ii) an
action by the Company for temporary, preliminary, or permanent injunctive relief,
whether prohibitive or mandatory, or other provisional relief, against you for breach or
threatened breach of this Agreement. You expressly agree to refrain from bringing or
joining any claims that are excluded from final and binding arbitration pursuant to this
subsection “h” in any representative or class-wide capacity, including but not limited to
bringing or joining any claims in any class action or any class-wide arbitration.
Amendments
Company reserves the right to amend this arbitration provision at any time. Your
continued use of the Website or use or attempted use of any of the Company’s products
or services, is affirmation of your consent to such changes. Should the changes to this
arbitration provision be material, the Company will provide you notice and an
opportunity to opt-out. Your failure to opt out of material changes to this arbitration
provision is affirmation of your consent to such material changes.
SECTION 5 – INDEMNIFICATION
To the fullest extent permitted by law, you agree to defend, indemnify, and hold
harmless the Company, its directors, officers, employees, shareholders, licensors,
independent contractors, subcontractors, suppliers, affiliates, parent companies,
subsidiaries, and agents from and against any and all claims, actions, loss, liabilities,
damages, expenses, demands, and costs of any kind, including, but not limited to
attorneys’ fees and costs of any litigation or other dispute resolution, arising out of,
resulting from, or in any way connected with or related to (1) your use, misuse, or
attempt to use the Website, software, products, or services, (2) information you submit
or transmit through the Website, (3) your breach of these Terms, the documents they
incorporate by reference, the Agreement, or the representations and warranties
provided by you in this Agreement, or (4) your violation of any law or the rights of a third-
party.
SECTION 6 – NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT ACT
If You believe that materials or content available on any Company website infringes any
copyright You own, You or Your agent may send the Company a notice requesting that
the Company remove the materials or content from the Company website. If You believe
that someone has wrongly filed a notice of copyright infringement against You, You may
send Company a counter-notice. Notices and counter-notices should be sent to The
Sweet Science Boxing & Fitness
SECTION 7 – GOVERNING LAW AND VENUE
This Agreement and any issue or dispute arising out of or otherwise related to this
Agreement or any matter concerning the Company shall be governed exclusively by the
laws of the State of Wisconsin without regard to its conflicts of laws principles. To the
extent that any claim or dispute is found by the arbitrator or (if proper) a court of
competent jurisdiction to be excluded from the arbitration agreement in Section 4
above, the parties agree any such claim or dispute shall be exclusively brought in and
decided by the state or federal courts located in Waukesha, WI, and you hereby
irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in,
such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or
venue. All such claims must be brought on an individual and non-class, non-
representative basis, and you forever waive any right to bring such claims on a class
wide or representative basis.
SECTION 8 – SEVERABILITY
If any provision of this Agreement is found by the arbitrator or (if proper) a court of
competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not
be affected thereby and shall continue in full force and effect and such provision may
be modified or severed from this Agreement to the extent necessary to make such
provision enforceable and consistent with the remainder of the Agreement.
SECTION 9 – PRIVACY NOTICE
This Privacy Notice is only applicable to the Website and not to any other websites that
you may be able to access from the Website, which may have data collection, storage,
and use practices and policies that differ materially from this Privacy Notice. When you
leave the Website via a link to another website, you are subject to that site’s Privacy
Policy, Terms of Use, and other policies applicable to that site and you should review
the Third Party website policies.
We respect your privacy and the use and protection of your non-public, personal
information. The Company may collect personally identifiable information and non-
personally identifiable information anytime you access or use a Company Website. The
Company uses personally identifiable information to respond to your inquiries, provide
you with services you have requested, keep you informed of services the Company
thinks may be of interest to you, and otherwise personalize your experience with the
Company. The other parties with whom we share personally identifiable information
may send information to you about their products or services. The Company does not
sell or lease personally identifiable information about you to others.
If you do not want us to share your personally identifiable information with any third
parties, please email us at lyell@thesweetsciencenaples.com.
If we or some or all of our assets are acquired by another company, including through a
sale in connection with a bankruptcy, that company will possess the information
collected by us, and it will assume the rights and obligations regarding your Personal
Information as described in this Privacy Notice.
We may disclose personally identifiable information or other data to comply with the
law or legal requirements, enforce or apply our Terms and other agreements, or protect
our rights, property, the safety of our users, or others. Because non-personally
identifiable information does not personally identify you, the Company reserves the right
to use and disclose to third parties non-personally identifiable information for any
purpose.
The Company maintains reasonable physical, administrative and technical safeguards
to protect personally identifiable information from loss, misuse, or unauthorized access,
disclosure, alteration or destruction. No system is 100% secure however, and we cannot
guarantee that all of your information will be safe 100% of the time.
The Company may collect information through cookies, web beacons, or clear Gifs
about your web browsing activities such as the address of the page you are visiting, the
address of the referrer page you previously visited, the time you are viewing the page,
your browsing environment, and your display settings. Cookies and web beacons are
small text files that are stored on your computer when you visit certain web pages. Clear
Gifs are tiny graphics with a unique identifier, similar in function to cookies, used to
track the online movement of Websites visitors.
EMAIL MARKETING: By submitting your email address through the Website, you are
expressly consenting to receive emails from the Company, including from the
Company’s affiliates, and from third parties concerning offers and advertisements
unrelated to Company. To opt-out of receiving email messages from us, from our
affiliates or from other third parties, click on the “Unsubscribe” link contained in each
email. Please allow up to 10 business days for us to process your request. Please note
if you decide not to receive marketing emails from us, you may still receive
transactional email messages regarding your order(s) (i.e., order confirmation, shipping
information, etc.). If you have questions or concerns regarding this provision, please
contact us at lyell@thesweetsciencenaples.com2
YOUR CALIFORNIA PRIVACY RIGHTS: As described in these Terms, from time to time
we may make your personal information available to third parties for their marketing
purposes. California law permits individuals who are California residents to request
certain information about our disclosure of personal information to third parties for
direct marketing purposes. If you are a California resident and would like to make such
a request, please submit your request in writing to lyell@thesweetsciencenaples.com
If you do not want us to share your personal information with third parties, you may opt-
out of this information sharing by emailing us at lyell@thesweetsciencenaples.com.
In accordance with California Civil Code Sec. 1789.3, California resident users are
entitled to know that they may file grievances and complaints with the California
Department of Consumer Affairs, 1625 North Market Blvd., Suite N112, Sacramento, CA
95834; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov.
SECTION 10 – ENTIRE AGREEMENT
These Terms, the Agreement, and any policies or operating rules posted by us on the
Website or in respect to the Website constitutes the entire agreement and
understanding between and Company and governs your access and use of the Website
and your use and/or attempted use of any service or product, and supersedes and
replaces any prior or contemporaneous agreements, representations, communications,
and proposals, whether oral or written, between you and Company. Any ambiguities in
the interpretation of these Terms or the Agreement shall not be construed against the
drafting party.
SECTION 11 – CONTACTING US
We encourage our customers to contact us with questions or comments about our
services. Please feel free to do so by sending an e-mail to
lyell@thesweetsciencenaples.com.
or calling us at (239) 777-8732
If you have any questions or inquiries concerning any of the Terms, you may contact
Company by email at lyell@thesweetsciencenaples.com or by regular mail at:
The Sweet Science Boxing & Fitness
4270 Tamiami Trail E. Suite 5 & 6
Naples, Florida 34112
Copyright 2024 – The Sweet Science Boxing & Fitness – All Rights Reserved
