Terms and conditions
TABLE OF CONTENTS
3. Prohibited Activities & Visitor Obligations.
As a user of this Site and other Online Services, you agree to use this Site and other Online Services in a manner consistent with any and all applicable laws or regulation. You further agree that, to the extent that you submit personal information to HOTWORX, such is true and accurate, and that you will update all such information as necessary.
By using the Site and other Online Services, you agree to refrain from the following:
- Upload, post, use, transmit or otherwise submit (“Post”) any material, content or information that is false, inaccurate, misleading or that manipulates the origin of content
- Post material, content or information that is unlawful, harmful, threatening, abusive, harassing, defamatory, tortious, obscene, or violates another’s privacy rights
- Post any materials, information, or content that infringe or otherwise violates any patent, copyright, trademark or other intellectual property rights
- Post any materials, information or content that is subject to non-disclosure or is confidential
- Post unauthorized advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes or other solicitations
- Post any materials, information or content impersonating the identity of another person or organization or a false affiliation with a third party or organization
- Post or disseminate any materials, information or content, including but not limited to data, files, software or programs, that contain software viruses, corrupt code or anything else that impairs, disrupts or interferes with use or operation of the Site and other Online Services, the security of the Site and other Online Services, or otherwise causes harm to the Site and other Online Services, any computer software or hardware or equipment, system resources, accounts, servers or networks
HOTWORX reserves the right to remove any materials, information or content that it in its sole discretion believes is infringing, defamatory, offensive, or illegal or otherwise as may be permitted under applicable law.
4. Trademarks and Copyright.
The HOTWORX® name and logo and all product and service names, graphics, button icons, trademarks, service marks and logos appearing on the Site and other Online Services, unless otherwise noted, are HOTWORX’s trademarks, whether or not registered, service marks or trade dress (“Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed or otherwise cited within this Site and other Online Services are the property of their respective owners. You are not authorized to display or use the Marks in any manner without our prior written consent. You are not permitted to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within the Site and other Online Services without the prior written consent of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress contained herein, except as permitted herein, is prohibited.
All content, software and technology included on the Site and other Online Services is the owned or licensed property of HOTWORX or its content, software and/or technology suppliers and is protected by copyright laws. HOTWORX grants you permission to the extent necessary to lawfully access and use portions of the Site and other Online Services made available to you in connection with your own personal, noncommercial use of the Site and other Online Services. Reproduction, modification, distribution, transmission, republication, display or performance of the Site and other Online Services is strictly prohibited.
5. Disclaimer of Warranties.
THE SITE AND ALL CONTENT, MATERIALS, PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE AND ONLINE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY LAW, HOTWORX, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY. HOTWORX, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS FURTHER DISCLAIM REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF TITLE, NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT WITH RESPECT TO THIS SITE AND THE ONLINE SERVICES, ITS CONTENT, AND ANY PRODUCT OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE.
HOTWORX DOES NOT REPRESENT OR WARRANT THAT THE SITE AND ONLINE SERVICES, ITS SERVERS, OR ANY TRANSMISSION FROM IT OR THROUGH THE SITE AND ONLINE SERVICES IS FREE OF ANY, ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE BY YOUR USE OF THE SITE AND ONLINE SERVICES THAT SUCH USE IS AT YOUR OWN RISK.
6. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HOTWORX AND ITS DIRECTORS, OFFICERS, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, DISCLAIM ANY AND ALL LIABILITY FOR LOSSES AND EXPENSES OF ANY NATURE, WHETHER ARISING OR BASED ON CONTRACT, TORT, WARRANTY, STRICT LIABILITY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL 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, THIRD PARTY CLAIMS, OR LOSSES OR DAMAGES OF ANY OTHER KIND, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE OR ONLINE SERVICES; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. Where applicable, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
Under no circumstances whatsoever shall HOTWORX’s aggregate liability resulting from or relating to your use of the Site or Online Services exceed Ten dollars ($10.00).
7. Links to Third Party Websites.
Any and all content posted or transmitted by you, whether questions, feedback, comments, suggestions or other information (“Submission”) that you send or submit to HOTWORX shall become HOTWORX’s property and you hereby transfer, sell and assign to HOTWORX all of your rights, title and interest in such Submissions, including any and all related patent, copyright, trademark and other intellectual property rights. HOTWORX has no obligation to maintain any confidentiality with respect to any such Submission and shall be free to use, practice, copy, use, disclose, display, distribute, improve, modify, or perform publicly such for any purpose without providing you notice or receiving your consent, and without restriction or compensation.
10. Governing Law, Jurisdiction and Venue.
11. Modification of Terms.
12. Entire Agreement.
13. General Provisions.
14. Contact Us.
HOTWORX Franchising, LLC
5161 Taravella Road
Marrero, LA 70072
Phone: (504) 361-5550
15. USER GENERATED CONTENT.
HOTWORX Franchising, LLC (“HOTWORX”) reaches out to social media users to seek their permission to feature our favorite content on our various sites, social channels, and various promotional materials. You are reading this because HOTWORX has requested your permission to use your social media content in this way.
HOTWORX engages a limited number of service providers to facilitate the collection and transmission to the HOTWORX websites (www.hotworx.net and others)(the“Site”), social media channels, promotional materials and other media (“HOTWORX Media”) of User Content, including photos, text, graphics, audio, video, location information, comments and other materials from social media sites, for use by HOTWORX in connection with its business, including HOTWORX’s product feature, marketing, promotional, advertising and other consumer-related activities (the “HOTWORX Services”).
USER CONTENT LICENSE
You hereby grant to HOTWORX and its related companies, agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates as well as independently owned franchise studios (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your User Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever. You further agree to waive any right to inspect or approve any changes to User Content and/or the finished product wherein it appears. This authorization extends to all languages, media, formats, and markets now known or hereafter devised.
You grant the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your User Content.
You hereby agree and represent and warrant that (i) you are solely responsible for your User Content, (ii) you own all rights in and to your User Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such User Content, (iii) you are not a minor, (iv) the Licensed Parties’ use of your User Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation, and (v) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.
You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Content.
The Licensed Parties reserve the right to remove any User Content from the Site and the HOTWORX Media. If you believe any content, including User Content, residing on the Site or on the HOTWORX Media or displayed or used in connection with the HOTWORX Services infringes any person’s or entity’s copyright rights, please contact firstname.lastname@example.org.
You certify that you are at least 18 years of age.
INTELLECTUAL PROPERTY RIGHTS
The Site, HOTWORX Services or HOTWORX Properties may be protected by copyright, trademark and other intellectual property laws. You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of HOTWORX by authorizing use of your User Content or otherwise using or accessing the Site, the HOTWORX Services or the HOTWORX Media.