Please note the arbitration provision set forth below, requiring you to arbitrate any claims you may have against Class on an individual basis. Arbitration on an individual basis means that you will not have, and you waive, the right for a judge or jury to decide your claims, if any, and that you may not proceed in a class, consolidated, or representative capacity.
The content and information displayed on this Website is the property of Class. The downloading, reproduction, or retransmission of this information, other than for non-commercial individual use, is strictly prohibited. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Class reserves complete title and full intellectual property rights in any content you downloaded from the Website.
Class offers various online services, programs and information (“Website Services”) through the Website. You understand and agree that the Website Services are provided on an 'AS-IS' and 'AS AVAILABLE' basis and that Class assumes no responsibility for, among other things, any service outages or interruptions, the unavailability of particular features or services, or the inability to access all or part of the Website Services. Class reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. We will make every effort to keep content on this Website current, we do not guarantee it is the most up to date information available. For up-to-the minute information on class changes, contact information and any other information regarding Class, its operations, programs and offers, please contact a Class location or the corporate contact information provided on the Website.
Any communications or submissions to Class, including, but not limited to, feedback, questions, comments, suggestions shall be and will remain the exclusive property of Class:
You shall have no right of confidentiality in your communications and Class shall have no obligation to protect your communications from disclosure;
Class shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and Class shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information. As such, we ask you to not send us any confidential or proprietary information or ideas.
'Ultimate Fighting®,' 'UFC®,' 'The Ultimate Fighter®,' 'Ultimate Fighting Championship®,' 'As Real As It Gets®,' and 'UFC Gym®' are registered trademarks, trademarks or service marks owned exclusively by Zuffa, LLC in the United States and other jurisdictions and licensed to Class. All other marks referenced herein may be the property of Zuffa, LLC or other respective owners.
ACCESS FROM OUTSIDE THE U.S.
This Website is controlled and operated by Class from its offices within the United States. Class makes no representation that materials in the Website are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
LINKS TO THIRD-PARTY WEBSITES AND CO-BRANDED WEBSITES
The Website may contain links to third-party websites, however, please be aware that Class is not responsible for and cannot control these other websites. The Website may also contain links to co-branded websites that are maintained by third parties by agreement with Class. Class makes no representations whatsoever about any other website and explicitly disclaims any responsibility for the accuracy, completeness or availability of information, content and materials found on any third-party or co-branded website. When you access any other websites, even one that may contain the Class logo, please understand that it is independent from Class, and that Class may have no control over the content on that website. In addition, a link to another website does not mean that Class endorses or accepts any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever website you select for your use is free of viruses, contamination or other items of a destructive nature.
CLASS IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY OR CO-BRANDED WEBSITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY OR CO-BRANDED WEBSITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
YOU UNDERSTAND AND AGREE THAT CLASS AND ITS SUPPLIERS, PROVIDE THE WEBSITE SERVICES ON AN "AS IS" AND “AS AVAILABLE” BASIS. ALL INFORMATION ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. CLASS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. CLASS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CLASS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND/OR ANY WEBSITE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST CLASS FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS PART OF THE BARGAIN BETWEEN THE PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL CLASS, ITS PARENTS, AFFILIATES OR OUR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE OR FROM INFORMATION PROVIDED ON THE WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Class respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Class's Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; a description of where the material that you claim is infringing is located on the Website, including the URL; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Class's copyright agent for notice of claims of copyright infringement can be reached as follows:Class by UFC Gym® 1501 Quail Street, Suite 100
Newport Beach, CA 92660
Attention: Legal Department
The Website Services are not intended for use by children. If you are under the age of 18, you may not use our Website Services. By accepting this agreement, you agree and warrant that you are not under the age of 18.
DISPUTE RESOLUTION; GOVERNING LAW; JURISDICTION
Newport Beach, CA 92660
Attention: Legal Department
to you at: your last-used billing address or the billing and/or shipping address that we may have on file for you
You agree that all matters related to your access to or use of the Website, including all disputes, will be governed by the laws of the State of California, USA. The rights and liabilities of the parties shall be determined in accordance with the law of the State of California, without regard to its principles of conflicts of laws. You agree that any claim or cause of action arising out of or related to use of the Website Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You can contact Class, by postal mail at the following address:Class by UFC Gym® 1501 Quail Street, Suite 100
Newport Beach, CA 92660
If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information. Except as explicitly stated otherwise, any notices shall be given by postal mail to UFC Gym, Attn: Website Manager, 1501 Quail Street, Suite 100, Newport Beach, CA 92660 (in the case of Class) or by e-mail to the e-mail address you provide to Class during the registration process (in your case).