Terms & Conditions
This policy governs your use of the W8X website (the "Website”). The Website is designed to allow users to make class/series purchases, register for classes, book spots, buy merchandise, and communicate with WeighX Inc. ("W8X").
GENERAL STATEMENT ON PRIVACY, PERSONAL DATA, AND COMMUNICATIONS
If you use the Website, you are responsible for maintaining the confidentiality of your account, password, and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account and password.
When you visit the Website, or communicate with W8X via email, you are communicating electronically. You consent to receive communications from W8X electronically. W8X will communicate with you by email or by posting notifications on the Website. You understand and agree that all agreements, notices, disclosures, and other communications that W8X provides electronically satisfy any legal requirement that such communications be in writing.
USER PROVIDED INFORMATION
W8X does not collect any personal information about individuals -- such as names and postal codes, home addresses, and email addresses -- except when such information is knowingly provided to W8X. Personal information might be obtained from online transactions such as class/series purchases, retail purchases, and/or class registrations. Additionally, personal information may be transmitted as part of a form submission or in connection with other activities or services made available on the Website. Any personal identification information retrieved by W8X must be voluntarily submitted by the user.
W8X may use the information provided to contact you with important information, required notices, and marketing promotions.
AUTOMATICALLY COLLECTED INFORMATION
The Website collects some anonymous information about users automatically when individuals request pages through a browser. This information is used to keep track of the shopping cart and to help us monitor how individuals use the Website, which allows W8X to provide an optimal experience and better service throughout the online offerings. The information collected automatically by the server does not contain anything that can identify individuals personally, such as an email or home address.
W8X makes every effort to ensure that all of the transactions that occur on the Website is secure. All credit card numbers and transactions are encrypted using 128-bit Secure Socket Layer (SSL) encryption. We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve the Website. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
WHAT IS A SECURE CONNECTION?
When a secure connection is established between your browser and a website, any data that is transferred over the connection will be encrypted to prevent it from being viewed by a third party. SSL encryption makes it very difficult for anyone to intercept or decode messages exchanged over this type of secure connection.
Browsers such as Internet Explorer, Firefox, and Safari display an image of a locked padlock on their status bar when connected to a secure site. Google Chrome shows a green locked padlock on the far left side of the status bar when there is a secure SSL connection. Firefox colors the address bar yellow when connected to a secure site. Secure transactions are also indicated when the prefix in the location bar of your browser switches from http:// or https://. The additional 's' stands for "secure" and indicates a secure connection to the W8X website. If you do not see this padlock, if it is unlocked, or if the protocol in the location bar is not listed as https://, then any data exchanged with the website is potentially visible to others.
Depending on your browser, you may be able to view authentication information about a secure page by double-clicking on the padlock icon in the status bar. For more information on how your software establishes a secure connection, see the help files for your particular browser.
A cookie is a small text file that is sent to your browser from a website and stored on your computer's hard drive. Cookies cannot read data from your hard disk or read cookie files that were created by other sites -- the website that creates a cookie is the only one a browser will permit to access it.
HOW INFORMATION IS USED
The following are examples of how W8X might use the personal information collected through the Website:
* If you purchase a W8X series, sign up for a W8X class, or purchase W8X retail items, the required personal information (similar to that provided during a telephone or mail order purchase) will be used to complete your order.
* If you indicate that you are interested in receiving W8X related news and information, you may receive emails to the email address you provided as part of the registration process.
For the non-personally identifiable information collected throughout the Website:
* Aggregate data could be analyzed to describe the collective characteristics and behaviors of online visitors, and subsequently be used to further optimize the effectiveness of the website and the overall W8X experience.
You can help W8X maintain the accuracy of your personal information by updating your account. Please update this information when you change your address, phone number, or email address. W8X will never share telephone numbers, email addresses, or any personal data with third parties.
W8X reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, at its sole discretion.
PRIVACY OF MINORS
If you are under 18, you may register and use the Website only with the involvement of a parent or guardian. W8X does not accept the online registration of minors; please do not attempt to register on the Website if you are under the age of 18.
A parent or guardian must sign waiver on behalf of a minor before the minor shall be permitted to participate in a class. A minor must be at least 13 years of age and at least 5 feet tall to participate in a class.
If W8X discovers that personal information has been submitted by a minor without a signed participant/registration waiver, W8X reserves the right to delete such information. W8X does not seek or share personal information from minors throughout the Website.
In order to make a reservation, you must first own a single class or a series (multiple classes). To buy an individual class or series online, you can either sign up here by using your email and creating a password, or if you are already registered, click login to buy a series and make your reservation.
You should be aware that classes and series expire, and future prices are subject to change. We accept MasterCard, Visa, and American Express.
Your credit/debit card will be charged for your order when you submit your reservation. W8X will not process reservation charges that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that W8X may incur in its efforts to collect any unpaid balances from you.
RESERVATIONS/CHARGES/CLASSES AND GIFT CARDS
In order to make a reservation, you must first buy a class or a series of classes. To buy an individual class or series of classes online, you can either sign up here by using your email and creating a password, or if you are already registered, click login to buy a series and make your reservation.
You should be aware that classes and series expire, and future prices are subject to change. We accept MasterCard, Visa, and American Express. Your credit/debit card will be charged for your order when you submit your reservation. W8X will not process reservation charges that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that W8X may incur in its efforts to collect any unpaid balances from you.
In addition to classes and series of classes, you can also buy a gift certificate. W8X’s gift certificates are called "gift cards". Gift cards never expire and the person that you are giving them to can use his or her gift card(s) to buy classes or to buy any kind of merchandise. Once a class is purchased using a gift card, it will expire, just like any other class you buy. Gift cards and classes are not the same thing. Unlike gift cards or gift certificates, classes are for our regular group-fitness classes only. You cannot give classes to another as a gift. When you buy a class, you are only entitled to use that class to book a space in a particular W8X studio at a particular time. You cannot redeem your class for cash and you cannot transfer it to another user.
Classes do expire. The expiration dates are posted in the description of the class or series of classes on our website. Future class prices are subject to change, but W8X will honor your class or series of classes until the expiration date, regardless of whether there is a price increase in the interim. Your credit/debit card will be charged for your order when you buy your class or series of classes, not when you book your class. W8X will not process reservation charges that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that W8X may incur in its efforts to collect any unpaid balances from you.
All introductory offers, promotions and discount codes are for one time use only per individual, unless expressly indicated to the contrary. W8X reserves the right to charge the full price in the event you use an introductory offer, promotion or discount code on a duplicate basis to purchase a class or series. Should W8X charge you the full price your rights to then cancel such class or series and/or to receive a refund shall continue to apply in accordance with our standard cancellation and refund terms. W8X also reserves the right in its discretion to immediately cancel all accounts linked to you in such circumstances.
GEOGRAPHIC USE OF CLASSES
W8X offers different series of classes so that our clients can select the options that best suit their individual needs; classes may only be used in the region in which you purchased them. Before you buy a class or series of classes, it is important that you read the written descriptions we provide about what the class or series includes, its expiration date, and the region in which it may be used.
Your safety and physical wellbeing is of primary importance to W8X. In order to participate in a class it is mandatory for all participants to use athletic footwear. W8X reserves the right to refuse entry into a class if you chose not to wear such equipment. You will not be refunded for your class in such circumstances.
RIGHT TO CANCEL
You may cancel your purchase of one class or a class series at any time before midnight of the fifth business day after the date of your purchase, excluding Sundays and holidays. To cancel, mail, e-mail or deliver a signed and dated notice which states that you are canceling your purchase, and send it to firstname.lastname@example.org or W8X INC., 39 Spring Street, New York, NY, 10011, Attention: Refunds. W8X will refund the purchase price of your unused classes within ten days after we receive your notice of cancellation.
ADDITIONAL RIGHTS TO CANCEL
You or your representative may also cancel your purchase of a class or series of classes for any of the reasons listed below. To do so, you must give us written notice, by e-mail or certified or registered mail to contact@W8X.life or W8X INC., 39 Spring Street, New York, NY, 10011, Attention: Refunds.
You may cancel your contract in any of the following circumstances. If you become disabled and, as a result, cannot physically participate in a class you have purchased, and your condition is verified by a doctor, W8X will refund you the purchase price of your unused class or classes. If you die, W8X will refund your representative the purchase price of your unused class or classes.
If you move your residence more than 25 miles from a W8X studio location, you may cancel your purchase and W8X will refund the purchase price of your unused class or classes. Depending upon where you live, you may be charged a cancellation fee. All such refunds subject to proof of change of mailing address.
If W8X stops offering classes, you may cancel your purchase.
In addition to your rights of cancellation and refund if you wish to simply cancel a spot booked in a class for rescheduling you may do so up until 5 p.m. local time the night before the applicable class, and in such case your class will be returned to your account to be used at a future date, subject to the applicable expiry date for such class or series of classes. You can cancel a reserved spot in the following ways:
1) Log into your account and, next to the class you wish to cancel, press "unreserve."
2) Call the applicable studio where you have booked to cancel the class. A member of the W8X team with then cancel the class on your behalf.
Please note, in fairness to all our clients, AVAILABLE SPOTS WILL BE RELEASED 5 MINUTES BEFORE A CLASS BEGINS to the W8X waitlist.
FOR CLIENTS RUNNING LATE: There will be no entry into the studio five minutes after the class has started.
FOR CLIENTS LEAVING EARLY: If you're planning on leaving early, we kindly request that you tell the instructor ahead of time.
FOR CLIENTS BOOKED FROM THE WAITLIST: Twelve hours prior to class, you may be booked from the waitlist by our system, as clients cancel. If you are booked from the waitlist, you are responsible for this reservation and standard cancellation policies apply.
WAIVER AND RELEASE
By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the "Classes and Facilities") of W8X and its subsidiaries, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in boxing and exercise equipment in association with the Classes and Facilities. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff. If in the subjective opinion of the W8X staff, you would be at physical risk participating in W8X's Classes, you understand and agree that you may be denied access to the Classes and Facilities until you furnish W8X with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing W8X's concerns and stating that W8X's concerns are unfounded. In consideration of being allowed to participate in and access the Classes and Facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facilities, (2) release, indemnify, and hold harmless W8X, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of W8X's Classes and Facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using W8X's Classes and Facilities, and should not be participating in any Classes.
VALUABLES AND PERSONAL PROPERTY: Clients acknowledge that they have been urged to avoid bringing valuables into and unto the Facilities and that W8X shall not be liable for the loss of, theft of, or damage to personal property, including items left in lockers, bathrooms, studio, or anywhere else in the Facilities. Clients acknowledge that no portion of any fees paid by them is in consideration for the safeguarding of valuables.
ETIQUETTE: To preserve the W8X integrity, Clients agree to abide by W8X’s etiquette guidelines found on W8X studio walls and on the Website. W8X reserves the right to deny access to any person W8X deems to be acting in an inappropriate or unsafe manner.
LINKS/THIRD PARTY WEBSITES
W8X has not reviewed all the sites linked to the Website, and is not responsible for the content or any off-site pages or other linked sites. Although a third-party website may contain the W8X logo, please understand that it is independent from W8X, and that W8X has no control over the content of that website and/or app.
Going to third party or off-site websites from the Website is at your own risk. These links do not imply endorsement of, sponsorship of, or affiliation with W8X.
INTELLECTUAL PROPERTY RIGHTS
The trademarks and trade dress of W8X are proprietary to W8X and may not be used by you for any reasons other than as expressly permitted by these terms. All Website content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, W8X. You have the right to view, electronically copy, and print in hard copy portions of the Website for the sole purpose of making class reservations, purchases, or other personal use.
Any other use of materials on the Website, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of W8X, is strictly prohibited.
You acknowledge that W8X and/or third-party content providers remain the owners of all Website materials, and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms and Conditions. W8X may discontinue or remove the Website, or any portion thereof, or discontinue your right to use the Website, or any portion thereof, at any time.
As between you and W8X, you own all content that you submit to W8X. You grant W8X and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called "moral rights" in your content. You further grant all users of W8X’s services permission to view your content for their personal, non-commercial purposes.
In participating in W8X's classes, you may be photographed, videoed or otherwise recorded by W8X or third parties authorized by W8X in its or such third parties producing of content which among other things W8X or such third parties may use to advertise, report upon, market and/or promote W8X and its services. You hereby consent to such usage of your imagery for all and any such purpose by W8X and such third parties and hereby agree that W8X and such third parties without any payment to you shall in all cases be the sole owner of all intellectual and other proprietary rights therein without any restriction whatsoever.
NOT AUTHORIZED TO PERFORM DATA MINING
You are not authorized without the prior written permission of W8X to use any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Website or accessed through this Website. You also may not engage in the mass downloading of files from this Website; use the computer processing power of this Website for purposes other than those permitted above; flood this site with electronic traffic designed to slow or stop its operation; or establish links to or from other websites to this Website.
NOT AUTHORIZED TO USE THIS WEBSITE FOR COMMERCIAL PURPOSES
Users are not authorized to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or second-hand works based on any of W8X's material in any way for any public or commercial purpose. Thus, you are not authorized to (i) resell or make commercial use of this site or its contents; (ii) collect or use any product listings, descriptions, photographs or prices displayed on this Website in connection with the sale or resale of any W8X products or for other commercial purposes; or (iii) create, reproduce and/or distribute any materials derived from the content provided on this Website. Furthermore, W8X's material may not be displayed or communicated on any other website and/or app, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms, your permission to use W8X's material will automatically terminate and any copies made of W8X's material must be immediately destroyed.
Any unauthorized use of W8X's material may violate state and federal criminal laws, infringe copyright laws, trademark laws, the laws of privacy or publicity, and communication regulations and statutes.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
In no event will W8X be liable for any direct, indirect, special, or other consequential damages resulting from your use of the Website, or on any other linked/third-party website, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling systems or otherwise, including any claims waived by you previously in this agreement even if W8X expressly advised of the possibility of such damage.
All information is provided by W8X on an "as is" basis only. W8X provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.
CHOICE OF LAW
The Website, and your use hereof, is governed by the laws of the State of New York, without regard to New York's choice of law provisions. Any claim arising out of your use of this Website must be brought in New York.
Occasional changes may be made to this document as new services and content are added to the Website to reflect changes in W8X's policies. The Terms and Conditions may be revised at any time by updating this posting. By using the Website, you agree to be bound by any such revisions. Users of the Website are encouraged to check this document periodically to stay informed of current privacy guidelines.
ACCEPTANCE OF TERMS
By using the Website, you signify your acceptance of the Terms and Conditions. If you do not agree to this, please refrain from using the Website. Your continued use of the Website following the posting of changes to these terms will indicate your acceptance of those changes.