1. Access and Passwords
As part of the subscription process for this Site, you have selected or been assigned a particular password and The Box Exchange and PASSWORD. YOU AGREE THAT YOU ARE THE ONLY INDIVIDUAL ENTITLED TO ACCESS THE SITE USING YOUR ID OR PASSWORD, AND YOU AGREE NOT TO PERMIT OTHERS TO ACCESS THE SITE USING YOUR ID OR PASSWORD. You agree that all actions taken by you, or any other user that accesses the Site using your The Box Exchange ID, at or through the Site will be attributed to and legally bind you, even with respect to acts for which the user had no actual authority or made an error. You assume all resulting liability from use of the Site and any services available on it by you or others using your password or The Box Exchange ID. If you lose your password, please visit http://www.TheBoxExchange.com/contactus to obtain a new password.
2. Subscription Fees and Payments
You can always find the current Subscription Fees posted by clicking this link. Your subscription will continue and renew automatically, unless terminated by The Box Exchange or until you reach out to terminate your account. Any of these fees will be billed automatically to the credit card designated during the registration process for the Site or subsequently designated by you to The Box Exchange , at the start of the annual, monthly or similar period, and at the start of each renewal period, unless you terminate your subscription before the relevant period begins. You agree to pay or have paid all fees and charges incurred in connection with your The Box Exchange ID and password for the Site (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges (including any applicable taxes) are nonrefundable. The Box Exchange may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. All fees and charges (including any applicable taxes) incurred in connection with your The Box Exchange and password will be billed to the credit card designated during the registration process for the Site or subsequently designated by you to The Box Exchange.
If you want to designate a different credit card or there is a change in credit card validity or expiration date, please access your "Account Settings" tab to update your account. If you believe someone has accessed the Site using your The Box Exchange ID and password without your authorization, you must e-mail the The Box Exchange Help Desk. You also are responsible for any fees or charges incurred to access the Site through an Internet access provider or other third party service. YOU, AND NOT The Box Exchange, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU.
3. Payment Methods
If we are unable to process your payment using your designated payment method, we reserve the right to charge any payment method we have on file for you. If you purchase a subscription or start a free trial for a subscription, your subscription will automatically continue, and you authorize us (without further notice, unless required by applicable law) to collect the then-applicable periodic subscription fee including any taxes, using any payment method we have on file for you. We will continue to bill you for the relevant subscription service until cancelled.
If all payment methods we have on file for you are declined for payment of your subscription fee, your subscription will be cancelled unless you provide us with a new payment method. If you provide us with a new payment method and are successfully charged before your subscription is cancelled, your new subscription period will be based on the original billing date and not the date of the successful charge. You can use the “Account Settings” page to update your designated payment method(s).
4. Privacy
Our Privacy Notice is a part of this Agreement and its terms are incorporated herein by this reference. Please read it now at http://www.TheBoxExchange.com/privacy-policy.
If you cancel your The Box Exchange subscription or if your subscription is terminated, all of your account information, including any saved data and any information stored in connection with your use of the Site, such as email, address, and billing data in which you have provided may be utilized for promotional and marketing purposes, or deleted at our discretion.
5. User Conduct
The Site may contain bulletin board services, news groups, social media functionality, forums, emails and/or other message or communication ("Communication Services") designed to enable you to communicate with others. You agree to use the Communication Services only to submit or post messages and material that are proper and, when applicable, related to the particular Communication Service. You are also prohibited from submitting to, posting on or transmitting through The Box Exchange any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. Content that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" is prohibited. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your posted content.
Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties, including through use of the Communication Services, are those of the respective authors or distributors and not of The Box ExchangeT nor its affiliates, nor any of their officers, directors, employees, or agents. The Box Exchange and its designees have the right (but not the obligation) in their sole discretion to refuse, delete or move any content that is available via the Communication Services. Without limiting the foregoing, The Box Exchange and its designees shall have the right to remove any content that violates this Agreement or is otherwise objectionable. You specifically agree that The Box Exchange is not responsible for any content sent using and/or included in the Site by any third party.
The Box Exchange makes no representations, warranties or guarantees regarding the Communication Services, including as to: (i) any data or other advertisements or information conveyed to you through the Communication Services; or (iI) the truthfulness, accuracy, legality, completeness, timeliness or reliability of any information transmitted through the Communication Services. The Box Exchange does not pre-screen or approve in advance a user’s use of the Communication Services or other third party content and does not investigate or monitor the quality, safety, or other legality of such uses of the Communication Services or other third party content. While The Box Exchange reserves the right in its sole discretion to remove or modify any information available on the Site, including information transmitted through the Communication Services such as emails, promotions, notices, discounts, The Box Exchange does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.
You acknowledge and agree that you are solely responsible for the accuracy, completeness, legality of, form, substance and completeness in connection with all uses of the Site and any Communication Services.
6. Group Plans
Group plans are not eligible for free trials. If you are a group plan member, your access to, and permission to use, The Box Exchange under a group plan and your individual The Box Exchangesubscription under the group plan has been granted to you by the individual who holds the group plan to which your group plan account belongs (“Group Plan Holder”), and may be removed by the Group Plan Holder at any time. The Group Plan Holder will be advised when you join the plan.
7. Copyright; Limitations on Use
Please read our Copyright and License information, which governs the material on this Site (including materials posted by subscribers) and prohibits the republishing, filtering, altering, framing, or linking of this Site or any The Box Exchange content (including graphics available on the Site) without express permission from The Box Exchange.
The following is strictly prohibited. You agree not to:
Use any device, software or routine or the like to interfere or attempt to interfere with any Site functionality;
Take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure;
Use any e-mail addresses appearing on the Site for purposes not relating specifically to the Site;
Access the Site by any means other than through the interface that is provided by The Box Exchange, or attempt to access any area of the Site to which your access is not authorized; or
Reverse engineer, reverse assemble or otherwise attempt to discover any source code relating to the Site, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
8. Accuracy and Availability of Information
The Site contains a database of industry information and other content regarding the gym industry compiled by The Box Exchange. While we use commercially reasonable efforts to provide accurate information, The Box Exchange gives no warranty as to the accuracy of the database and other content on the Site. If you choose to use or rely on such information for any other purpose you do so entirely at your own risk. The Box Exchange reserves the right to withdraw or delete information or content from the Site at any time.
11. Representations and Warranties
You represent and warrant to The Box Exchange that: (a) you possess the legal right and ability to enter into this Agreement and grant the licenses under this Agreement; (b) all information included in your Submission(s) or in your use of the Communication Services is true, accurate, and complete and omits no information necessary to prevent Subscriptions, Content Submissions or Communications Services from being misleading; (c) you will be responsible for all use of your password and The Box Exchange even if such use was conducted without your authority or permission; (d) you are at least 18 years old; and (e) you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.
12. Limitation of Liability; Exclusive Remedy
Also, in no event will The Box Exchange or any of its affiliates be liable to you and/or any agency for any amount in excess of the total dollar amount actually received by The Box Exchange from you for access to the site and any of the services available at the site during the year prior to your claim.
13. Indemnity
You agree to indemnify and hold us harmless, and pay our attorney's fees and costs, if we become liable for or incur any damages in connection with your breach of this Agreement. You may not settle any dispute without our prior consent, which may only be given in a non-electronic writing signed by an authorized representative of The Box Exchange.
14. Consent to Electronic Notices and Other Communications
You agree that all of your transactions relating to the Site may, at our option, be conducted electronically, including any that we are otherwise required to provide in a "writing". For example, we may send you notices at the Site or via email to any email address that you provide to us during registration as a Site member. If you do not wish to deal with us electronically, you should not use the Site or enter into this Agreement. If applicable law now or later requires us to communicate with you non-electronically, we reserve the right to charge a fee for doing so. Notice will be deemed given 24 hours after it is the email is sent, unless (for email) we are notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided during registration. In such case, notice will be deemed given 3 days after the date of mailing.
15. Print a Copy for your Records
You agree to print or make an electronic copy of this Agreement (and any amendment from time to time) and retain it in your records. You also agree to make a copy of any other information that we deliver to you in writing.
16. Termination
The Box Exchange may terminate your subscription and access, or suspend access to all or part of the Site, without notice, for any conduct that The Box Exchange, in its sole discretion, believes is in violation of this Agreement, any applicable law, or is harmful to the interests of another user, service provider, or The Box Exchange. The Box Exchange may also elect not to renew your subscription and access by providing a notice of nonrenewal prior to the end of your current subscription term.
17. Assignment
You agree not to assign your rights under this Agreement without the consent of an authorized representative of The Box Exchange in a non-electronic record, and any assignment without The Box Exchange's consent will be voidable at The Box Exchange's option. This Agreement will inure to the benefit of and bind the parties' respective successors and permitted assigns.
18. Applicable Law and Disputes
This Agreement is governed by the laws of the State of Colorado, without regard to principles of conflict of laws. Any dispute or claim relating in any way to your use of this Site, goods, or services sold or distributed by or through this Site will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.
You and The Box Exchange each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration you and The Box Exchange each waive any right to a jury trial. You and The Box Exchange also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
19. Amendments
The Box Exchange may change the provisions of this Agreement. When The Box Exchange changes the terms of this Agreement, The Box ExchangeT will notify you by e-mail or online postings on the Site. The changes will also appear in this document, which you can access any time by selecting Subscriber Agreement at the bottom of the Subscriber/membership page of the Site.
20. Entire Agreement; Severability; No Waiver
This Agreement (including all documents incorporated by reference) is the entire agreement between the parties for its subject matter and supersedes all prior and contemporaneous communications between the parties. No term of this Agreement may be waived The Box Exchange except in a signed, non-electronic writing signed by an authorized representative of The Box Exchange
21. General
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that no joint venture, partnership, employment or agency relationship exists between you and The Box Exchangeor its affiliates as a result of this Agreement or your use of the Site.