PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING AND USING THE MAYWEATHER PLATFORM. BY USING ANY PART OF THE MAYWEATHER PLATFORM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE MAYWEATHER PLATFORM OR ANY MATERIALS AND MUST IMMEDIATELY CEASE SUCH USE. MAYWEATHER MAY MODIFY THESE TERMS AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON NOTICE, WHICH WILL BE ACCOMPLISHED BY POSTING THE MODIFIED TERMS ON THE SITES. IF YOU DO NOT AGREE TO CHANGES IN THESE TERMS, THEN YOU MUST CEASE ALL USE OF THE MAYWEATHER PLATFORM. YOUR USE OF THE MAYWEATHER PLATFORM FOLLOWING SUCH NOTICE SHALL BE DEEMED YOUR ACCEPTANCE OF SUCH CHANGES. IF WE REQUEST, YOU AGREE TO SIGN A NON-ELECTRONIC VERSION OF THESE TERMS.
THE INFORMATION, CONTENT AND OTHER MATERIALS POSTED ON OR ACCESSIBLE THROUGH THE MAYWEATHER PLATFORM ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. MAYWEATHER DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE MAYWEATHER PLATFORM. RELIANCE ON ANY INFORMATION PROVIDED BY MAYWEATHER, ITS AFFILIATED COMPANIES, CONTRIBUTORS TO, OR OTHER USERS OF THE MAYWEATHER PLATFORM IS SOLELY AT YOUR OWN RISK.
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTHCARE PRACTITIONER BEFORE STARTING ANY EXERCISE PROGRAM. THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, ARE PREGNANT, OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE MAYWEATHER PLATFORM.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH MAYWEATHER. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
By using the Mayweather Platform, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a “Minor”), that you are using the Mayweather Platform with the consent of your parent or legal guardian who has agreed to these Terms. If you are a parent or legal guardian agreeing to these Terms for the benefit of a Minor, you are fully responsible for reviewing these Terms with the Minor, ensuring the Minor understands these Terms, and for the Minor’s use of the Mayweather Platform, including all legal liability he or she may incur. If you are not at least 13 years old, you may not use the Mayweather Platform.
In these Terms we are granting you a limited, personal, non-exclusive and non-transferable license to access the Sites, use the Services, and display the Materials; your right to use the Materials is conditioned on your compliance with these Terms. You have no other rights in the Sites, Services or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit the Sites, the Services or any of the Materials in any manner. If you make copies of any of the Materials then we ask that you be sure to keep on the copies all of our copyright and other proprietary notices as they appear on the Sites.
Unfortunately, if you breach any of the terms of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials (and any copies thereof).
We distribute MW Applications that permit users to sign up for classes, purchase class passes, view information about our franchisees’ facilities, and access and use certain of the Services and Materials via mobile devices. To use a MW Application, you must have a mobile device that is compatible with it. We do not warrant that any of the MW Applications will be compatible with your mobile device. We hereby grant you a limited, non-exclusive, non-transferable, revocable license to download and use object code copies of the MW Application on mobile devices owned or leased by you, solely for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the MW Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the MW Application to any third-party or use the MW Application to provide time sharing or similar services for any third-party; (iii) make any copies of the MW Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the MW Application, features that prevent or restrict use or copying of any content accessible through the MW Application, or features that enforce limitations on use of the MW Application; or (v) delete the copyright and other proprietary rights notices on the MW Application. You acknowledge that we may from time to time release upgraded versions of the MW Application, and may automatically electronically upgrade the version of the MW Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the MW Application or any copy thereof, and we and our third-party licensors or suppliers retain all right, title, and interest in and to the MW Application (and any copy of the MW Application). Standard carrier data charges may apply to your use of the MW Applications.
The following additional terms and conditions apply with respect to any MW Application that we provide to you designed for use on tvOS or an Apple iOS-powered mobile device (an “Apple App”):
You are responsible for maintaining the confidentiality of your account password and/or any Third-Party Site (as defined below) password that you use to login to the Mayweather Platform (collectively, “Passwords”), and you are responsible for all activities that occur using your Passwords. You agree not to share your Passwords, let others access or use your Passwords or do anything else that might jeopardize the security of your Passwords. You agree to notify Mayweather if any of your Passwords is lost, stolen, if you are aware of any unauthorized use of your Passwords or if you know of any other breach of security in relation to the Mayweather Platform.
All the information that you provide when registering for an account and otherwise through the Mayweather Platform must be accurate, complete and up to date.
Certain Services and Materials available through the MW Applications are purchased on a subscription basis (each a “Subscription”). Each Subscription and the rights and privileges provided to subscribers are personal and non-transferable. All sales and payments of Subscription fees will be in in the currency indicated when you subscribe.
The fee that you will be charged for your Subscription will be the relevant price posted on the applicable signup page on the date that you subscribe. We reserve the right to change our standard pricing for Subscriptions at any time. Such changes will affect your Subscription following the end of your then-current Subscription period, provided that we give you at least 30 days email notice of any price change. If you do not agree to such price change, then you may cancel your subscription before the start of any such price change. Free-trials and promotion-priced subscriptions will convert to full price subscriptions at the end of the free-trial or promotion period, as applicable. To avoid any charges after the end of a free trial, you must cancel your Subscription using one of the two cancellation methods mentioned in this paragraph before the end of such free trial.
You may pay Subscription fees only with credit card payments. By providing us or our third-party payment processor(s) with a payment method, you expressly (A) agree to our third-party payment processor’s terms and conditions and (B) authorize us and/or our third-party payment processor(s) to charge the applicable Subscription fees on said payment method, as well as all taxes and other charges related thereto. Your credit card will be charged for your first Subscription fee on the date that your registration is processed. Once your credit card is charged the first Subscription fee, you will receive a confirmation e-mail notifying you of your ability to access those subscriber-only services.
IMPORTANT NOTICE – AUTOMATIC RENEWAL: IF YOU SIGN UP FOR A SUBSCRIPTION THAT INCLUDES A FREE-TRIAL OR PROMOTIONAL PRICE PERIOD, UNLESS YOU HAVE CANCELLED YOUR SUBSCRIPTION PRIOR TO THE EXPIRATION OF THE FREE-TRIAL PERIOD OR PROMOTIONAL PERIOD WE WILL AUTOMATICALLY CHARGE YOU FOR THE FIRST MONTHLY SUBSCRIPTION FEE UPON THE EXPIRATION OF THE FREE-TRIAL OR PROMOTIONAL PERIOD AND EACH SUBSEQUENT MONTH THEREAFTER. THE PRICING FOR SUCH SUBSCRIPTION WILL BE AT THE PRICE YOU AGREED TO AT THE START OF THE FREE TRIAL OR PROMOTIONAL PERIOD.
BEGINNING WITH THE FIRST MONTH FOLLOWING THE END OF THE SUBSCRIPTION PERIOD TO WHICH YOU INITIALLY SUBSCRIBE, WE WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION AND, AS AUTHORIZED BY YOU DURING THE REGISTRATION PROCESS, WE WILL CHARGE YOUR CREDIT CARD WITH THE APPLICABLE MONTHLY SUBSCRIPTION FEE AND ANY SALES OR SIMILAR TAXES THAT MAY BE IMPOSED ON YOUR PAYMENT (UNLESS YOU CANCEL PRIOR TO THE LAST DAY OF YOUR THEN-CURRENT SUBSCRIPTION PERIOD). EACH RENEWAL PERIOD WILL BE FOR THE SAME LENGTH AS YOUR IMMEDIATELY PRECEEDING SUBSCRIPTION PERIOD.
YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY GOING TO YOUR ACCOUNT SETTINGS PAGE AND SELECTING TO CANCEL OR BY SUBMITTING YOUR CANCELLATION REQUEST TO US AT https://homefitness.mayweather.fit/
WE REQUIRE A REASONABLE AMOUNT OF TIME TO PROCESS YOUR CANCELLATION REQUEST. IF YOU CANCEL YOUR SUBSCRIPTION AFTER THE FIRST DAY OF YOUR RENEWAL TERM, YOU WILL NOT RECEIVE A REFUND, BUT YOU WILL CONTINUE TO ENJOY YOUR SUBSCRIPTION BENEFITS UNTIL THE EXPIRATION OF THE THEN-CURRENT MONTH FOR WHICH YOU HAVE PAID, AND YOUR SUBSCRIPTION BENEFITS WILL EXPIRE AT THE END OF THAT MONTH.
WE RESERVE THE RIGHT TO MODIFY OUR PRICING AT ANY TIME (BUT NOT THE PRICE IN EFFECT FOR YOUR THEN-CURRENT SUBSCRIPTION), UPON ADVANCE NOTICE TO YOU. IF YOU HAVE NOT CANCELLED YOUR SUBSCRIPTION WITHIN THE SPECIFIED TIME AFTER RECEIVING NOTICE OF A PRICE CHANGE, YOUR SUBSCRIPTION WILL AUTO-RENEW AT THE PRICE INDICATED IN YOUR NOTICE.
You may be permitted to purchase exercise equipment and other products through the Mayweather Platform storefront (“Products”). To do so, you must supply certain information relevant to your transaction, including, without limitation, your credit card number, the expiration date of your credit card, the name on your credit card, and/or your billing address. Once you have submitted your payment information, we or our third-party fulfillment partner will authorize the payment and send you a confirmation email.
Subject to fulfilling your order of a Product when that order is made, all descriptions, images, features, specifications and prices of the Products are subject to change at any time without notice. The inclusion of any Product on the Mayweather Platform does not imply or warrant that such Product will be available. We reserve the right, with or without prior notice, to do any one or more of the following for any reason: (i) limit the available quantity of or discontinue any Product; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar you from making or completing any or all transactions; and (iv) refuse to provide you with any Product.
Products will be shipped in accordance with the shipping method you select when placing the order. All orders will be processed and fulfilled by our third-party fulfillment partner. You acknowledge that any delivery dates we may provide are non-binding estimates only and that you have no claim against Mayweather for delays or early deliveries. We reserve the right to make deliveries in installments.
You should inspect your package to ensure the contents arrive undamaged. If you are not home when a delivery arrives, the delivery person may leave the package for you at your door.
Mayweather is not responsible for:
To be clear, we authorize your use of the Mayweather Platform only for personal use (“Permitted Purpose”). Any other use of the Mayweather Platform beyond the Permitted Purpose is prohibited and, therefore, constitutes unauthorized use of the Mayweather Platform. This is because as between you and Mayweather, all rights in the Mayweather Platform and Materials remain our property.
Unauthorized use of the Mayweather Platform may result in violation of various United States and international copyright laws. If we determine that you do act in bad faith in violation of these Terms, or if we determine that your actions fall outside of reasonable community standards, we may, in our sole discretion, terminate your right to use the Mayweather Platform. By way of example, you specifically agree that you shall not:
We provide links from the Mayweather Platform to third-party websites (“Third-Party Sites”), including, but not limited to, links to third party sites operated by third parties who manage sales of studio memberships and class bookings for Mayweather and our franchisees. In certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on a Mayweather Site. If you use these links, you will leave the Mayweather Platform. Mayweather provides these links to you as a convenience, and we do not verify, make any representations, or take responsibility for these Third-Party Sites, including the truthfulness, accuracy, quality, or completeness of the content, services, links displayed, or other activities conducted on or through the Third-Party Sites. Therefore, unless specifically stated on the Mayweather Platform, we do not endorse or make any representations about Third-Party Sites or any information, material, or results that may be obtained through the use of Third-Party Sites. In addition, certain areas of the Mayweather Platform may allow you to interact or conduct transactions with Third-Party Sites. If so, you may be able to configure the privacy settings of your account on a Third-Party Site to permit your activities to be shared with your contacts on that Third-Party Site. If you decide to access any of the Third-Party Sites linked on the Mayweather Platform, you do so entirely at your own risk, and you must follow, and will be subject to, the privacy policies and the terms and conditions for those Third-Party Sites.
Similarly, the Mayweather Platform includes web pages from which you may obtain information about Mayweather Fitness studios operated by independent franchisees (“Franchisee Sites”). Unless specifically stated on the Mayweather Platform, we do not endorse or make any representations about any services that may be offered at franchisee-owned studios. Some Franchisee Sites may provide links that permit you to enroll in memberships to use the franchisee’s facilities. The terms of such membership are between you and the applicable franchisee and not between you and Mayweather. Please carefully review them before enrolling in a membership.
YOU AGREE THAT MAYWEATHER WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES, OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITE, FOR ANY THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED TO ANY GOODS, SERVICES, INFORMATION, RESOURCES, OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITE, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.
The trademarks, service marks, and logos of Mayweather (“Our Trademarks”) used and displayed on various parts of the Mayweather Platform are registered and unregistered trademarks or service marks of Mayweather. Other company, product, and service names located on the Mayweather Platform may be trademarks or service marks owned by others (the “Third-Party Trademarks” and, collectively with Our Trademarks, the “Trademarks”). Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Our Trademarks inures to our benefit.
Unless otherwise specified in these Terms, all Materials, including the arrangement of them on the Mayweather Platform, are our sole property, or the property of our suppliers and licensors. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Mayweather infringe your copyright, you, or your agent may send to Mayweather a notice requesting that the material be removed or access to it be blocked.
If you believe your copyright or other intellectual property right is being infringed by a user of the Mayweather Platform, please provide written notice to our agent for notice of claims of infringement:
MW Fitness Holdings, LLC
To be sure the matter is handled immediately, your written notice must:
Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our agent with a written counter-notification that includes the following information:
Your use of the Mayweather Platform is at your own risk. The Materials may include inaccuracies or typographical or other errors. Mayweather does not warrant the accuracy or timeliness of the Materials contained on the Mayweather Platform and we have no liability for any errors or omissions in the Materials, whether provided by Mayweather, our licensors or suppliers, or other users.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAYWEATHER, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITES, THE SERVICES, THE MW APPLICATIONS, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR CONTENT CONTAINED OR PRESENTED ON THE MAYWEATHER PLATFORM, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MAYWEATHER PLATFORM, MATERIALS AND ANY OTHER INFORMATION OR CONTENT CONTAINED OR PRESENTED ON OR THROUGH THE MAYWEATHER PLATFORM, IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY WHATSOEVER, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AS WELL AS ANY WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. MAYWEATHER DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, WORMS, SPYWARE, ADWARE, MALWARE OR OTHER POTENTIALLY DAMAGING PROGRAMS OR FILES THAT MAY BE INSTALLED ON YOUR COMPUTER.
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY OR SUITABILITY OF ANY PRODUCTS, SERVICES OR BUSINESSES THAT MAY BE DISPLAYED ON OR PURCHASED THROUGH THE MAYWEATHER PLATFORM, OR AS TO THE CONDUCT OF USERS OF THE MAYWEATHER PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE MAYWEATHER PLATFORM AND WITH OTHER PERSONS OR ENTITIES WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE MAYWEATHER PLATFORM, PARTICULARLY IF YOU DECIDE MEET OR CONDUCT BUSINESS OFFLINE OR IN PERSON.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MAYWEATHER NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (I) THE USE OF OR INABILITY TO USE THE MAYWEATHER PLATFORM OR MATERIALS; (II) ANY CONTENT CONTAINED ON OR ACCESSED THROUGH THE MAYWEATHER PLATFORM; (III) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE MAYWEATHER PLATFORM; (IV) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE MAYWEATHER PLATFORM; (V) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE MAYWEATHER PLATFORM OR IN THE MATERIALS; (VI) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT OR MATERIALS ON OR ACCESSIBLE THROUGH THE MAYWEATHER PLATFORM; (VII) YOUR PARTICIPATION IN ANY WORKOUT OR FITNESS CLASS PROVIDED OR MADE AVAILABLE THROUGH THE MAYWEATHER PLATFORM, INCLUDING, WITHOUT LIMITATION, YOUR PARTICIPATION IN SUCH WORKOUT OR FITNESS CLASS, PROGRAM OR ACTIVITY AT A MAYWEATHER BOXING + FITNESS STUDIO, AT YOUR HOME OR IN ANY OTHER LOCATION; OR (VII) ANY OTHER MATTER RELATING TO THE MAYWEATHER PLATFORM. IN NO EVENT SHALL MAYWEATHER’S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY THE MAYWEATHER PLATFORM AND MATERIALS.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE MAYWEATHER PLATFORM, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE THEREOF. YOU UNDERSTAND THAT WE DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE MAYWEATHER PLATFORM. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE MAYWEATHER PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE MAYWEATHER PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH ANY PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE MAYWEATHER PLATFORM, PARTICULARLY IF YOU MEET OFFLINE OR IN PERSON.
THE MAYWEATHER PLATFORM AND MATERIALS OFFER HEALTH, FITNESS AND NUTRITIONAL INFORMATION AND ARE DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, 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 HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE MAYWEATHER PLATFORM OR IN THE MATERIALS. THE USE OF ANY SUCH INFORMATION IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON OR AVAILABLE VIA THE MAYWEATHER PLATFORM IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THESE TERMS, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
THE MAYWEATHER PLATFORM AND MATERIALS ARE CONTINUALLY UNDER DEVELOPMENT AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAYWEATHER MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO THEIR 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 MAYWEATHER PLATFORM AND IN THE MATERIALS. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED OR OBTAINED ON OR THROUGH YOUR USE OF THE MAYWEATHER PLATFORM WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS.
You acknowledge that participation in fitness classes (including online fitness classes) involves strength, flexibility, aerobic, cardio and other exercises, including the use of equipment, all of which can be potentially hazardous activities. You accept full responsibility over the location where you engage in fitness classes accessible via the Mayweather Platform (“Fitness Classes”), and you acknowledge that (i) Mayweather has no control over the location that you choose and (ii) the location of participation in fitness activities involves additional risks, including, but not limited to, those caused by terrain, facilities, temperature, weather, environment, vehicular traffic, lack of hydration and actions of other people.
By choosing to engage in Fitness Classes, you affirm that either (i) all of the following statements are true: (A) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (B) you have never felt chest pain when engaging in physical activity; (C) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (D) you have never lost your balance because of dizziness and you have never lost consciousness; (E) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (F) your physician is not currently prescribing drugs for your blood pressure or heart condition; (G) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (H) you do not know of any other reason you should not exercise; or (ii) your physician has specifically approved of your participation in the Fitness Classes. If applicable, you further affirm that either (i) you are not pregnant, breastfeeding or lactating; or (ii) your physician has specifically approved your participation in the Fitness Classes. We reserve the right to bar you from participating in Fitness Classes if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.
By participating in our Fitness Classes, you: (i) acknowledge and agree that you are voluntarily participating such Fitness Classes; (ii) hereby assume and accept any and all risks of injury, physical harm, or death; (iii) acknowledge and represent that you are mentally and physically sound and do not suffer from any illness, impairment, disease or other condition that would prevent you from participating in the Fitness Classes, performing any exercises, or using any equipment; and (iv) knowingly and voluntarily, on behalf of yourself and your heirs and assigns, forever waive, release, discharge and hold harmless Mayweather and its subsidiaries and affiliates, and each of their respective officers, directors, employees, agents, representatives, and each of their respective successors and assigns, individually and collectively, from any and all liability, damages, losses, suits, demands, causes of action (including, without limitation, negligence) or other claims of any nature whatsoever, including, without limitation, any losses for property damage, personal injury, or death, arising out of or relating in any way to your participation in the Fitness Classes.
You, on behalf of yourself, or itself, as applicable, and your affiliates, owners, officers, directors, employees, members and partners, successors and assigns (collectively, “Releasors”), expressly warrant, represent and agree that Releasors shall refrain from disparaging or defaming us, the Mayweather Platform, the Trademarks, the Mayweather Images and/or Floyd Mayweather Jr., in any manner including, without limitation, making any statement, oral or written, which portrays any or all in an unfavorable light or subjects any thereof to scorn, obloquy or ridicule; provided that the foregoing shall not be construed as prohibiting any honest reviews or assessments of us or the Mayweather Platform that do not contain confidential or private information and are not libelous, harassing, abusive, obscene, vulgar, sexually explicit, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic. The term “Mayweather Image” means any name, image, video, likeness, appearance and/or voice of Floyd Mayweather, Jr.
In addition, in consideration of the rights to access and use the Mayweather Platform, you, on behalf of yourself, or itself, as applicable, and the Releasors, hereby release, discharge and agree to hold harmless Floyd Mayweather Jr. and his affiliates, directors, officers, employees, representatives, agents, successors and assigns (the “Mayweather Releasees”), from any and all suits, claims, liabilities, demands, promises, obligations, costs, expenses, actions and causes of action of every nature, character and description, in law or in equity, whether presently known or unknown, vested or contingent, suspected or unsuspected, which the Releasors now own or hold or have at any time heretofore owned or held or may at any time own or hold against the Mayweather Releasees, whether arising out of or in any way related to Floyd Mayweather Jr.’s association with the Mayweather Platform or the Trademarks, or any statement or conduct of Floyd Mayweather Jr., regardless of the actual or perceived impact on the Mayweather Platform or the Trademarks (“Released Claims”).
The Releasors acknowledge that they have read and understand the significance and consequences of Section 1542 of the California Civil Code which provides as follows:
Nevertheless, the Releasors acknowledge that this section has been agreed upon and they expressly waive any and all rights which any of them may have under Section 1542 of the California Civil Code, or any other state or federal statute or common law principle of similar effect.
You further acknowledge and agree that we would not grant you rights to access and use the Mayweather Platform without your agreement to release and promise to not bring any claims against the Mayweather Releasees at any time, and that your promise and the related representations and warranties you make in these Terms are an inducement to our providing you with access and use of the Mayweather Platform. In consideration thereof, Releasors hereby covenant not to bring any suit, action, or proceeding, or make any demand or claim of any type, against the Mayweather Releasees with respect to the Released Claims. Any of the Mayweather Releasees may plead or assert the covenant not to sue in this section as a complete defense and bar to any claim brought against any of them in contravention of this section and, if any such claim is brought against any of them, Releasors, jointly and severally, shall indemnify, defend, and hold harmless any such Mayweather Releasees from and against any such claim. We and you hereby designate Floyd Mayweather Jr. and each of the Mayweather Releasees as third-party beneficiaries of this section with independent rights to enforce this section.
Mayweather controls and operates the Mayweather Platform from the United States of America and makes no representation or warranty that the Mayweather Platform or Materials are appropriate or available for use in locations outside the United States. Those who choose to access the Mayweather Platform and/or Materials from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. Mayweather reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Mayweather Platform and/or Materials to any person, geographic area, or jurisdiction we so desire, and/or to limit the quantities of any Services or products that we provide.
To the maximum extent permitted by applicable law, any submissions by you to us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign us all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable and/or subject to copyright, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. You understand and agree, however, that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
Please read this Provision carefully. It provides that all Disputes (as defined below) between you and Mayweather arising out of these Terms shall be resolved by binding arbitration. Arbitration is a form of private dispute resolution and replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into these Terms constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney’s fees).
For purposes of this Provision, “Mayweather” means MW Fitness Holdings, LLC and its parents, subsidiaries, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Mayweather regarding, arising out of or relating to any aspect of your relationship with Mayweather, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable cause of action or claim for relief, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as Mayweather’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
YOU AND MAYWEATHER EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give Mayweather an opportunity to resolve the Dispute. You must commence this process by mailing written notification to MW Fitness Holdings, LLC, 6221 Wilshire Blvd., Suite 205, Los Angeles CA 90048. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If Mayweather does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, you or Mayweather may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”). You may opt out of this Provision by mailing written notification to MW Fitness Holdings, LLC, 6221 Wilshire Blvd., Suite 205, Los Angeles CA 90048. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Mayweather through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with Mayweather. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or Mayweather may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced or maintained or heard as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative action procedures or rules apply to the arbitration.
Because the Mayweather Platform and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – You or Mayweather may initiate arbitration in either Los Angeles, California or the judicial district that includes your billing address. However, if Mayweather initiates the arbitration in Los Angeles, you shall have the right to have the arbitration transferred to the AAA or JAMS office within the judicial district that includes your billing address.
Payment of Arbitration Fees and Costs – Mayweather will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator’s hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Mayweather as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and Mayweather specifically agree to do so in writing following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Except to the extent that representative claims under California’s Private Attorney General Act (“PAGA”) are excluded from these Terms (if PAGA is applicable), neither you, nor any other user of the Mayweather Platform can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
No Judge Or Jury In Arbitration
Arbitration does not involve a judge or jury. You understand and agree that by entering into these Terms you and Mayweather are each giving up the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and Mayweather might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable, and the Dispute will be decided by a court.
This Provision shall survive the termination of your service, subscription or agreement with Mayweather or its affiliates. Notwithstanding any provision in these Terms to the contrary, we agree that if Mayweather makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require Mayweather to adhere to the present language in this Provision as of the day you entered into these Terms if a dispute between us arises.