The following are the terms and conditions of use (the 'Terms of Use') of the website located at ufcgymhawaii.com (the 'Website'). The Website is the property of Combattimento Gymnasiums, LLC d/b/a UFC Gym ('UFC Gym'). By accessing, browsing and/or otherwise using the Website you acknowledge that you have read, understood, and agree, to be bound by these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE WEBSITE.
UFC Gym 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 UFC Gym 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. UFC Gym 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. An offer for any feature, product or service on the Website is void where prohibited.
You agree to provide true, accurate, current and complete information about yourself. You may not pretend that you are, or that you represent, someone else or impersonate any other individuals or entity. You are responsible for your password and user ID.
You acknowledge and agree that the Website contains proprietary information that is protected by applicable intellectual property and other laws.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, use of the Website Services, access to the Website Services or any of the content accessible through the Website Services.
You also agree not to use the Website Services to: (a) violate or solicit the violation of any applicable local, state, national or international law; (b) infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights; or (c) interfere with or disrupt the proper working of the Website.
You may not probe, scan or test the vulnerability of the Website, nor breach the security or authentication measures on the Website. You may not reverse look-up, trace or seek to trace any information on any other user or visitor to the Website.
You agree not to use any automated device or process (including without limitation, 'deep-link,' 'page-scrape,' 'robot,' or 'spider') or any similar or equivalent manual process, to monitor, access, copy or extract information or content from the Website, except to use such information or content for purposes of listing the Website with a search engine or other service designed to direct users to the Website. You agree not to copy, modify, or publicly display any information or content on the Website for use in any commercial manner, except to use such information or content for purposes of listing the Website in a search engine or other service directing users to the Website.
You agree that no information provided by the Website Services will be used to diagnose, treat, cure or prevent any medical condition. Application or reliance on the content accessed through the Website Services is at your sole discretion and risk.
'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 UFC Gym. All other marks referenced herein may be the property of Zuffa, LLC or other respective owners.
This website is controlled and operated by UFC Gym from its offices within the United States. UFC Gym 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.
The Website may contain links to third-party websites, however, please be aware that UFC Gym 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 UFC Gym. UFC Gym makes no representations whatsoever about any other website. When you access any other websites, even one that may contain the UFC Gym logo, please understand that it is independent from UFC Gym, and that UFC Gym may have no control over the content on that website. In addition, a link to another website does not mean that UFC Gym 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.
YOU UNDERSTAND AND AGREE THAT UFC GYM AND ITS SUPPLIERS, PROVIDE THE WEBSITE SERVICES ON AN "AS IS" AND 'AS AVAILABLE' BASIS. ALL INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. UFC GYM CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBISTE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. UFC GYM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UFC GYM 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 RESONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST UFC GYM FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS PART OF THE BARGAIN BETWEEN THE PARTIES. SOME JURISDICITONS 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 UFC GYM BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF UFC GYM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
UFC GYM'S LIABILITY, AND THE LIABILITY OF ITS SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (i) THE AMOUNT OF FEES YOU PAY TO UFC GYM IN THE SIX MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
If you do not comply with these Terms of Use, UFC Gym (in its sole discretion and without limitation of its other rights or remedies) may terminate your access to the Website and/or block your future access to the Website. You agree to indemnify and hold UFC Gym, its officers, members, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates harmless from any demands, loss, liability, claims or expenses, including attorneys' fees, made by any third party due to or arising out of your use of the Website.
UFC Gym 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 UFC Gym's Copyright Agent with the following information:
UFC Gym's copyright agent for notice of claims of copyright infringement can be reached as follows:
Name: ufcgymhawaii.com Copyright Agent
Address: 6965 El Camino Real, Suite 105-146, Carlsbad, CA 92009
E-Mail: [email protected]
By agreeing to this Agreement, you also consent to the privacy practices set forth in our Privacy Policy, which may be modified as set out in the Privacy Policy. To the extent you are covered by laws requiring your consent for data transfer to the United States, you agree that your data may be transferred to the United States and collected and used accordance with our Privacy Policy.
The Website Services are not intended for use by children. If you are under the age of 13, you may not use our Website Services. By accepting this Agreement, you agree and warrant that you are not under the age of 13.
UFC Gym may amend the Terms of Use at any time by posting the amended terms on the Website. All amendments shall be effective upon posting. Your use of the Website Services following the effective date of any modifications shall constitute your acceptance of those modifications.
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 Nevada, USA. The rights and liabilities of the parties shall be determined in accordance with the law of the State of Nevada, without regard to its principles of conflicts of laws. The parties agree that the exclusive jurisdiction and venue for the resolution of any dispute arising from or relating to the Website shall lie in the Eighth Judicial District Court for the State of Nevada, sitting in Las Vegas, Nevada. 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 the UFC Gym, by postal mail at the following address: UFC Gym, 6965 El Camino Real, Suite 105-146, Carlsbad, CA 92009. 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, 6965 El Camino Real, Suite 105-146, Carlsbad, CA 92009 (in the case of UFC Gym) or by e-mail to the e-mail address you provide to UFC Gym during the registration process (in your case).
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. These Terms of Use constitute the entire agreement between you and UFC Gym with regard to your use of the Website, and any and all other written or oral agreements or understandings previously existing between you and UFC Gym with respect to such use are hereby superseded and cancelled. You agree that if any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.