SWEAT440 TERMS AND CONDITIONS OF USE
Last updated: 05/10/22
The Site is intended to be used solely by individuals over the age of 18.
Any questions, comments, or issue with this Site should be addressed to the Site Administrator at Contact@sweat440.com. The website www.sweat440.com is operated by Brickhouse Athletics, LLC.
1916 Bay Rd, Miami Beach, FL 33139
OWNERSHIP OF CONTENT
Unless otherwise indicated, this Site and its design, text, content, selection, and arrangement of elements, organization, graphics, and the design, compilation, and other matters related to this Site (collectively, “Content”) are protected under applicable intellectual property and other laws, including, without limitation, those of the United States and Canada. All Content and intellectual property rights herein are the property of SWEAT440 or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws. The posting of any Content on this Site does not constitute a waiver of any right in such Content. The reproduction, duplication, distribution (including by way of email or other electronic means), publication (including posting on another website) modification, copying, or transmission of Content from this Site in any form or by any means is strictly prohibited without the express prior written consent of SWEAT440. Requests for permission to reproduce or distribute materials found on this Site can be made by contacting SWEAT440 in writing at 1916 Bay Rd, Miami Beach, FL 33139 or by email at firstname.lastname@example.org. The Content may only be used for personal, non-commercial purposes.
SWEAT440 grants you a personal, limited, non-exclusive, non-transferable license to access, view and make personal and non-commercial use of this Site. You may not use this Site to gain unauthorized access to SWEAT440 networks or computer systems or to engage in any activity that disrupts or otherwise interferes or tampers with the Site (and associated servers or networks connected to the Site). You agree not to access the Site through any automated means (such as through the use of scripts or web crawlers, etc.).
SWEAT440 logo and all page headers, custom graphics, button icons, trademarks, service marks, and logos appearing on this Site, unless otherwise noted, are service marks, trademarks (whether registered or not), and/or trade dress of SWEAT440 (the “Marks”). You are not authorized to display or use the Marks in any manner without the express prior written consent of SWEAT440. The use or misuse of the Marks or other trademarks, names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited. All other product and company names and trademarks mentioned, displayed, cited or otherwise indicated on the Site are the property of their respective owners.
Except for personally identifiable information such as names, addresses, and financial information, unsolicited information and content submitted to this Site is assigned to SWEAT440 free of charge, together with all worldwide rights, title and interest in all copyrights and other intellectual property rights in such submission and SWEAT440 and its affiliates and related entities may use, sublicense, adapt, distribute, publicly perform, publish, display or delete such submission at its sole discretion. By sending any unsolicited submission to SWEAT440, you waive the right to make any claim against SWEAT440, its parents or affiliates related to use of the submission.
SMS & TEXT COMPLIANCE POLICY
By submitting your information to our site you understand, accept & acknowledge:
- You will occasionally receive SMS or Text Messages
- OPT-Out by replying STOP at anytime
- Messages and data rates may apply
ADVERTISING AND LINKS
SWEAT440 reserves the right to immediately terminate your use of, or access to, this Site at any time for any reason in its sole discretion. SWEAT440 further reserves the right to modify or discontinue this Site or any portion thereof at any time without notice.
If you believe that any material contained in this Site infringes your copyright, you should notify SWEAT440 of your copyright infringement claim in accordance with the following procedure. SWEAT440 will process notices of alleged infringement which it receives and will take appropriate action pursuant to the U.S. Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to SWEAT440 by mail at 1916 Bay Rd, Miami Beach, FL 33139, Attention: General Counsel, or by e-mail to email@example.com . To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. 512(c)(3)): (i) physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work(s) claimed to have been infringed; (iii) identification of the material that is claimed to be infringing and the location of such material on our Site; (iv) information to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you are a user outside the United States and are not subject to the DMCA, you should notify SWEAT440 of your copyright infringement claim in writing and in accordance with the above procedure and other applicable intellectual property laws including, but not limited to, the Canadian Copyright Act.
DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENTS, OR ANY SITE WITH WHICH IT IS LINKED, WHICH ARE EACH PROVIDED FOR USE “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE, ITS CONTENTS, AND ANY SITE WITH WHICH THIS SITE MAY BE LINKED. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS OR E-MAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS SITE, OR ANY SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR PARENT, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AND SUPPLIERS SHALL HAVE THE BENEFIT OF THIS CLAUSE.
EXCLUSION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE, ON BEHALF OF OUR PARENT, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AND SUPPLIERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR ANY CONTENT PROVIDED ON THE SITE. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, EQUITY, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS. THE FOREGOING SHALL NOT PRECLUDE RECOVERY OF DAMAGES FOR PERSONAL INJURY, LOSS OR DAMAGE TO PERSONAL PROPERTY, OR UNAUTHORIZED USE OR DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION CAUSED BY SWEAT440’S GROSS NEGLIGENCE, RECKLESSNESS, FRAUD OR OTHER WILFUL, UNCONSCIONABLE OR INTENTIONAL MISCONDUCT. NOTHING HEREIN SHALL BE CONSTRUED TO LIMIT THE CLEARLY ESTABLISHED LEGAL RIGHT OF A CONSUMER TO RECOVER ATTORNEYS’ FEES OR OTHER REMEDIES AFFORDED BY STATUTE OR OTHER LAW.
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site. If you provide us any information through the Site, you agree to provide true, accurate, current and complete information about yourself. You agree not to attempt to upload or transmit through the Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or system. Any unauthorized modification, tampering or change of any information or any interference with the availability of or access to this Site is strictly prohibited. If you become aware of misuse of this Site by any person, then please contact the Site Administrator at firstname.lastname@example.org with your concerns. SWEAT440 reserves all rights and remedies available to it.
Except as explicitly stated otherwise, any notices shall be given by postal mail to SWEAT440 Attn: Legal Department, 1916 Bay Rd, Miami Beach, FL 33139 (in the case of notice to SWEAT440) or to the email address you provide to SWEAT440 (in the case of notice to you). Notice shall be deemed given 24 hours after email is sent, unless the sending party is 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 you have provided to SWEAT440. In such case, notice shall be deemed given 3 days after the date of mailing.
Disputes Involving U.S. Users – Mandatory Arbitration
RULES FOR THE AMERICAN ARBITRATION ASSOCIATION ARE AVAILABLE AT: https://www.adr.org
GOVERNING LAW, VENUE AND DISPUTE RESOLUTION
This Agreement is governed by, and construed in accordance with U.S. Federal laws and the laws of the State of Florida, without giving effect to any principles of conflicts of law. For any claims not subject to mandatory arbitration pursuant to this agreement, you agree to submit to the exclusive jurisdiction of the courts of the State of Florida or, if appropriate, the United States District Court for the State of Florida for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use of the Site, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
FOR USER BASED IN CANADA
ADDITIONAL TERMS, CONDITIONS AND AGREEMENTS
By purchasing an unlimited or limited membership, you agree to pay First Payment Total on Contract Start Date and have your credit card placed on file to be billed Recurring Payment Amount every 30 days until canceled by you in accordance with the cancellation policy. Memberships are only valid at the location in which it is purchased.
MEMBERSHIP CANCELLATION POLICY
If you wish to cancel your membership, you must call SWEAT440 customer service at (888) 507-9328 at least 14 days prior to your next bill date and speak to a customer representative. Failure to do so will result in the billing of the next 30 day membership cycle, for which no refunds will be provided. Emails and in-studio cancellations are NOT accepted.
MEMBERSHIP FREEZE POLICY
To freeze your membership you must call SWEAT440 customer service at (888) 507-9328 and indicate the date in which you would like your membership paused. Members are given 1 complimentary freeze per year for up to 30 days. Should you choose to use that freeze for less than 30 days you will lose any remaining days. In order to maintain your membership at its current rate all subsequent freezes and freezes longer than 30 days will be billed $25 every 30 days thereafter while your membership remains frozen. Upon reactivation any credited time will be available on your account, pushing your next bill date back accordingly.
LIMITED MEMBERSHIP TERMS
When purchasing a limited membership you will be issued the number of credits per month associated with the name of the membership. For example, an 8 time per month membership will issue 8 single class credits to be used in that 30 day cycle. Any unused credits will be forfeited and may not carried over. This membership is only valid at the location in which it was purchased.
SWEAT440 is not responsible for loss of classes from the purchase of class packs nor the refund or crediting of memberships due to temporary or permanent closure of business for any reason including but not limited to acts of God, force majeure, repairs or maintenance, or loss of business.