Terms & Conditions

SCOPE OF USE. BOSS NYC FITNESS INC. (“BOSS NYC”) PROVIDES THIS WEBSITE, BOSSNYCFIT.COM, THE (THE “PLATFORM”) TO YOU, THE USER OF THE PLATFORM, AND, WHERE YOU ARE ACTING ON BEHALF OF YOUR EMPLOYER OR ANOTHER ENTITY, YOUR EMPLOYER OR SUCH OTHER ENTITY (“YOU” OR “YOUR”), FOR YOUR USE AND SUBJECT TO THE FOLLOWING TERMS OF USE (THESE “TERMS”). PLEASE BE AWARE THAT THESE TERMS CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND BOSS NYC OUTLINING YOUR LEGAL RIGHTS, OBLIGATIONS, AND REMEDIES ARISING FROM YOUR USE OF THE PLATFORM. IF YOU ARE ACCEPTING ON BEHALF OF YOUR EMPLOYER OR ANOTHER ENTITY, YOU REPRESENT AND WARRANT THAT: (A) YOU HAVE FULL LEGAL AUTHORITY AND ARE ABLE TO FORM THIS CONTRACT BINDING YOUR EMPLOYER, OR THE APPLICABLE ENTITY, TO THESE TERMS; (B) YOU HAVE READ AND UNDERSTAND THESE TERMS; AND (III) YOU AGREE, ON BEHALF OF THE PARTY THAT YOU REPRESENT, TO THESE TERMS. FOR THE PURPOSE OF THE FOLLOWING TERMS, REFERENCES TO “WE”, “US” AND “OUR” INCLUDE BOSS NYC AND ITS AFFILIATES, SUBSIDIARIES, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS. USING THE PLATFORM TO EVALUATE WHETHER TO ENTER INTO A BUSINESS RELATIONSHIP WITH US WILL NOT CONSTITUTE A COMMERCIAL USE FOR THE PURPOSES HEREOF. IT IS A VIOLATION OF THESE TERMS FOR YOU TO USE THE PLATFORM IN VIOLATION OF ANY APPLICABLE LAWS, RULES, OR REGULATIONS OR IN VIOLATION OF THE RULES OF ANY OF OUR SERVICE PROVIDERS. YOU MAY ONLY ACCESS AND USE THE PLATFORM ON DEVICES THAT YOU OWN OR CONTROL AND YOU MAY NOT USE THE PLATFORM ON DEVICES WHERE YOU DO NOT HAVE ALL NECESSARY PERMISSIONS AND RIGHTS TO ACCESS AND USE THE PLATFORM. CERTAIN OTHER PROGRAMS OR SERVICES PROVIDED BY US THROUGH LINKED WEBSITES OR OTHER CHANNELS MAY HAVE ADDITIONAL TERMS AND CONDITIONS REGARDING YOUR USE OF THOSE SERVICES, AND NOTHING IN THESE TERMS IS INTENDED TO MODIFY SUCH TERMS AND CONDITIONS. SUBJECT YOUR COMPLIANCE WITH THESE TERMS AND ALL APPLICABLE INTERNATIONAL, FEDERAL, STATE AND LOCAL LAWS, RULES, AND REGULATIONS, WE GRANT YOU A LIMITED, REVOCABLE, NONEXCLUSIVE, NON-SUBLICENSABLE, NON-TRANSFERABLE, LICENSE TO USE THE PLATFORM SOLELY FOR YOUR OWN USE AND NOT FOR REPUBLICATION, DISTRIBUTION, ASSIGNMENT, SUBLICENSE, SALE, PREPARATION OF DERIVATIVE WORKS, OR OTHER USE. YOU MAY NOT USE THE PLATFORM IF YOU DO NOT AGREE TO THESE TERMS. PLEASE SEE SECTION 22 REGARDING YOUR AGREEMENT TO ARBITRATE CLAIMS RELATED TO THESE TERMS AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, WITHOUT LIMITATION, YOUR WAIVER OF RIGHTS TO BE PART OF A CLASS ACTION AND YOUR RIGHT TO A TRIAL BY JURY.
MODIFICATIONS. WE RESERVE THE RIGHT TO MODIFY THE PLATFORM AND THE RULES AND REGULATIONS GOVERNING ITS USE AT ANY TIME, INCLUDING, WITHOUT LIMITATION, THESE TERMS. MODIFICATIONS WILL BE POSTED ON THE PLATFORM AND THE “LAST UPDATED” DATE AT THE TOP OF THIS WEBPAGE WILL BE REVISED. YOU UNDERSTAND AND AGREE THAT IF YOU USE THE PLATFORM AFTER THE DATE ON WHICH THE TERMS HAVE CHANGED, WE WILL TREAT YOUR USE AS ACCEPTANCE OF THE UPDATED TERMS. WE MAY MAKE CHANGES IN THE SERVICES DESCRIBED IN THE PLATFORM AT ANY TIME WITHOUT PRIOR NOTICE TO YOU.
RESTRICTIONS ON USE. YOU WILL NOT USE THE PLATFORM FOR ANY USE OTHER THAN THE BUSINESS PURPOSE FOR WHICH IT WAS INTENDED. YOU WILL NOT, AND WILL NOT PERMIT ANY THIRD PARTY TO, TAKE ANY OF THE FOLLOWING ACTIONS WITH RESPECT TO THE PLATFORM OR THE SERVER HOSTING THE PLATFORM NOR WILL YOU USE OUR PLATFORM TO UPLOAD, POST, EMAIL, DISTRIBUTE, TRANSMIT, LINK, SOLICIT OR OTHERWISE MAKE AVAILABLE ANY CONTENT OR USE THE PLATFORM IN ANY MANNER THAT: (A) UPLOADS OR TRANSMITS ANY UNSOLICITED ADVERTISING, PROMOTIONAL MATERIALS, “JUNK MAIL”, “SPAM”, “CHAIN LETTERS”, “PYRAMID SCHEMES”, OR ANY OTHER FORM OF SOLICITATION, COMMERCIAL OR OTHERWISE; (B) DECOMPILES, USES REVERSE ENGINEERING, DISASSEMBLES, DERIVES THE SOURCE CODE OF OR DECRYPTS THE PLATFORM OR SERVER HOSTING THE PLATFORM; (C) MANIPULATES OR OTHERWISE DISPLAYS THE PLATFORM BY USING FRAMING, MIRRORING OR SIMILAR NAVIGATIONAL TECHNOLOGY OR DIRECTLY LINKS TO ANY PORTION OF THE PLATFORM OTHER THAN THE MAIN HOMEPAGE (I.E. DEEP-LINKING) LOCATED AT THEBOSS NYC.COM; (D) USES ANY ROBOT, SPIDER, SCRAPER OR OTHER AUTOMATIC OR MANUAL MEANS TO ACCESS THE PLATFORM OR COPIES ANY CONTENT OR INFORMATION ON THE PLATFORM; (E) REMOVES, OBSCURES, OR ALTERS ANY PROPRIETARY NOTICES (INCLUDING ANY NOTICE OF COPYRIGHT OR TRADEMARK) OF US OR OUR AFFILIATES, PARTNERS, SUPPLIERS OR OUR LICENSORS; (F) MODIFIES, ADAPTS, IMPROVES, ENHANCES OR MAKES ANY DERIVATIVE WORK FROM THE PLATFORM; (G) DISABLES, OVERBURDENS, IMPAIRS OR OTHERWISE INTERFERES WITH OR INTERRUPTS THE PLATFORM OR ANY HARDWARE, SOFTWARE, SYSTEM OR NETWORK CONNECTED WITH THE PLATFORM; (H) PROBES, SCANS, OR TESTS THE VULNERABILITY OF OR BREACHES THE AUTHENTICATION MEASURES OF THE PLATFORM OR ANY RELATED NETWORKS OR SYSTEMS; (I) INTERFERES WITH ANY OTHER PARTY’S USE AND ENJOYMENT OF THE PLATFORM; (J) INFRINGES THE COPYRIGHT, TRADEMARK OR ANY PROPRIETARY RIGHTS OR DISCLOSES A TRADE SECRET OR CONFIDENTIAL INFORMATION WHETHER OR NOT IN VIOLATION OF A CONFIDENTIALITY OR NON-DISCLOSURE AGREEMENT; (K) COMPILES, USES, DOWNLOADS OR OTHERWISE COPIES THE PLATFORM OR ANY USER INFORMATION OR ANY PORTION THEREOF, OR TRANSMITS, PROVIDES OR OTHERWISE DISTRIBUTES (WHETHER OR NOT FOR A FEE) THE PLATFORM OR SUCH INFORMATION TO ANY THIRD PARTY; (L) IS FRAUDULENT, MALICIOUS, UNLAWFUL, UNAUTHORIZED OR DISSEMINATES, OFFERS OR OTHERWISE CONTAINS ANY DEFAMATORY, OBSCENE, VULGAR, PORNOGRAPHIC, FALSE, MISLEADING, DECEPTIVE, THREATENING, ABUSIVE, DISCRIMINATORY, OFFENSIVE, INAPPROPRIATE, OR ILLEGAL, INFORMATION, IMAGES, MATERIALS OR DESCRIPTIONS; (M) PROMOTES OR PROVIDES INSTRUCTIONS FOR ILLEGAL ACTIVITIES; (N) CONSTITUTES OR ENCOURAGES ANY CONDUCT THAT WOULD CONSTITUTE A CRIMINAL OFFENSE OR THAT GIVES RISE TO CIVIL LIABILITY FOR ANY PARTY; (O) DISSEMINATES VIRUSES OR OTHER COMPUTER CODE, FILES OR PROGRAMS THAT INTERRUPT, DESTROY OR LIMIT THE FUNCTIONALITY OF ANY COMPUTER SOFTWARE OR HARDWARE; (P) ATTEMPTS TO GAIN UNAUTHORIZED ACCESS TO ANY OTHER ACCOUNTS, COMPUTER SYSTEMS OR NETWORKS CONNECTED TO ANY SERVER OR SYSTEMS THROUGH HACKING, PASSWORD MINING OR ANY OTHER MEANS; (Q) ACCESSES SYSTEMS, DATA OR INFORMATION THAT WE DO NOT INTEND TO BE MADE ACCESSIBLE TO YOU; (R) MANIPULATES THE PLATFORM OR ITS SERVICES; (S) ENABLES YOU OR ANYONE ELSE TO BUY, SELL, OR OFFER FOR SALE ANY ILLEGAL OR UNAUTHORIZED SERVICES OR MATERIALS; (T) DIVERTS OR ATTEMPTS TO DIVERTS USERS TO USE ANOTHER WEBSITE IN LIEU OF THE PLATFORM; (U) HARASSES ANY USER OF THE PLATFORM OR ANY OTHER INDIVIDUAL OR ENTITY; OR (V) VIOLATES ANY THIRD PARTY’S RIGHTS, INCLUDING, WITHOUT LIMITATION AN INDIVIDUAL’S RIGHT TO PRIVACY. USE OF THE PLATFORM IS LIMITED TO PERSONS EIGHTEEN (18) YEARS OF AGE OR OLDER.
PRIVACY POLICY. YOU MAY VIEW A COPY OF OUR PRIVACY POLICY HERE: HTTPS://THEBOSS NYC.COM/PRIVACY (“PRIVACY POLICY”), WHICH EXPLAINS OUR PRACTICES RELATING TO THE COLLECTION AND USE OF YOUR INFORMATION THROUGH OR IN CONNECTION WITH OUR PLATFORM. THE PRIVACY POLICY IS INCORPORATED INTO THESE TERMS, AND GOVERNS OUR USE OF YOUR INFORMATION AND/OR ANY INFORMATION YOU SUBMIT OR OTHERWISE MAKE AVAILABLE TO US IN CONNECTION WITH THE PLATFORM.
REGISTRATION; SECURITY; AND ACCESS. IF YOU USE ANY OF OUR SERVICES OR PROVIDE US ANY INFORMATION THROUGH THE PLATFORM, INCLUDING, WITHOUT LIMITATION, YOUR NAME, BIRTH DATE, AGE, ADDRESS, ZIP CODE, PHONE NUMBER, PAYMENT INFORMATION, CONTACT DETAILS, EMAIL ADDRESS, AND/OR YOUR PASSWORD (COLLECTIVELY, YOUR “ACCOUNT DATA”), YOU AGREE TO PROVIDE TRUE, ACCURATE, CURRENT, COMPLETE AND UP-TO-DATE INFORMATION. IF YOU PROVIDE ANY INFORMATION THAT IS UNTRUE, INACCURATE, NON-CURRENT OR INCOMPLETE, OR WE HAVE REASONABLE GROUNDS TO SUSPECT THAT SUCH INFORMATION IS UNTRUE, INACCURATE, NON-CURRENT OR INCOMPLETE, THEN WE HAVE THE RIGHT TO TERMINATE OR REFUSE ANY AND ALL CURRENT OR FUTURE ACCESS OR USE OF THE PLATFORM (OR ANY PORTION THEREOF). WE RESERVE THE RIGHT TO TAKE ANY ACTION THAT WE DEEM NECESSARY TO ENSURE THE SECURITY OF THE PLATFORM, INCLUDING ANY ACCOUNT ASSOCIATED WITH YOU OR ANOTHER PERSON OR ENTITY (“ACCOUNT”), INCLUDING WITHOUT LIMITATION CHANGING YOUR PASSWORD, TERMINATING YOUR ACCOUNT, OR REQUESTING ADDITIONAL INFORMATION TO AUTHORIZE ACTIONS ON YOUR ACCOUNT. YOU ARE SOLELY RESPONSIBLE FOR KEEPING YOUR ACCOUNT DATA AND ANY SECURITY QUESTIONS AND RESPONSES ASSOCIATED WITH YOUR ACCOUNT CONFIDENTIAL AND YOU AGREE TO KEEP THEM CONFIDENTIAL. ANYONE WITH KNOWLEDGE OF OR ACCESS TO YOUR ACCOUNT DATA OR THE SECURITY QUESTIONS AND RESPONSES ASSOCIATED WITH YOUR ACCOUNT CAN USE THAT INFORMATION TO GAIN ACCESS TO YOUR ACCOUNT. YOU ARE SOLELY LIABLE FOR ANY CLAIMS, DAMAGES, LOSSES, COSTS OR OTHER LIABILITIES RESULTING FROM OR CAUSED BY ANY FAILURE TO KEEP YOUR ACCOUNT DATA AND THE SECURITY QUESTIONS AND RESPONSES CONFIDENTIAL, WHETHER SUCH FAILURE OCCURS WITH OR WITHOUT YOUR KNOWLEDGE OR CONSENT. YOU WILL IMMEDIATELY NOTIFY US OF ANY SUSPECTED OR ACTUAL UNAUTHORIZED ACCESS TO OR USE OF YOUR ACCOUNT DATA OR ANY OTHER BREACH OF YOUR ACCOUNT SECURITY. YOU ARE RESPONSIBLE FOR PROVIDING AND MAINTAINING, AT YOUR OWN RISK, OPTION AND EXPENSE, ANY HARDWARE, SOFTWARE, AND COMMUNICATION LINES REQUIRED TO ACCESS AND USE THE PLATFORM, AND WE RESERVE THE RIGHT TO CHANGE THE ACCESS CONFIGURATION OF THE PLATFORM AT ANY TIME WITHOUT PRIOR NOTICE.
WE ARE NOT MEDICAL PROFESSIONALS AND DO NOT PROVIDE MEDICAL ADVICE. THE PLATFORM’S CONTENT IS NOT A SUBSTITUTE FOR DIRECT, PERSONAL, PROFESSIONAL MEDICAL CARE AND DIAGNOSIS. NONE OF THE MEAL PLANS, EXERCISE PROGRAMS, OR COACHING AVAILABLE ON OR THROUGH THE PLATFORM (COLLECTIVELY, THE “PROGRAMS”) SHOULD BE USED OR OTHERWISE FOLLOWED WITHOUT CLEARANCE FROM YOUR PHYSICIAN OR HEALTH CARE PROVIDER FIRST. THE INFORMATION CONTAINED WITHIN THE PLATFORM IS NOT INTENDED TO PROVIDE SPECIFIC PHYSICAL OR MENTAL HEALTH ADVICE, OR ANY OTHER ADVICE WHATSOEVER, FOR ANY INDIVIDUAL OR COMPANY AND SHOULD NOT BE RELIED UPON IN THAT REGARD. WE ARE NOT MEDICAL PROFESSIONALS OR PRACTITIONERS AND NOTHING ON OR AVAILABLE THROUGH THE PLATFORM SHOULD BE MISCONSTRUED TO MEAN OTHERWISE OR USED AS A SUBSTITUTE FOR MEDICAL ADVICE. YOU WARRANT AND COVENANT TO CONSULT YOUR DOCTOR OR OTHER HEALTHCARE PROVIDER BEFORE USING OR FOLLOWING ANY PROGRAMS AND THAT YOU WILL NOT USE OR FOLLOW ANY PROGRAMS IF YOUR DOCTOR OR OTHER HEALTHCARE PROVIDER ADVISE YOU NOT TO DO SO.
RISK OF USING THE PROGRAMS. THERE MAY BE RISKS ASSOCIATED WITH USING OR FOLLOWING THE PROGRAMS FOR PEOPLE IN POOR HEALTH OR WITH PRE-EXISTING PHYSICAL OR MENTAL HEALTH CONDITIONS. BECAUSE THESE RISKS EXIST, YOU WARRANT AND COVENANT THAT YOU WILL NOT USE OR FOLLOW ANY PROGRAMS IF YOU ARE IN POOR HEALTH OR HAVE A PRE-EXISTING MENTAL OR PHYSICAL CONDITION THAT COULD PUT YOU AT RISK OF INJURY OR OTHER NEGATIVE HEALTH CONSEQUENCE. IF YOU CHOOSE TO ASSUME THESE RISKS, YOU DO SO OF YOUR OWN FREE WILL AND ACCORD, KNOWINGLY AND VOLUNTARILY ASSUMING ALL RISKS ASSOCIATED WITH SUCH DIETARY AND EXERCISE ACTIVITIES. THESE RISKS MAY ALSO EXIST FOR THOSE WHO ARE CURRENTLY IN GOOD HEALTH AS WELL. AS WITH ANY EXERCISE PROGRAM, YOU ASSUME CERTAIN RISKS TO YOUR HEALTH AND SAFETY. ANY FORM OF EXERCISE PROGRAM CAN CAUSE INJURIES, AND THE EXERCISE PROGRAMS AVAILABLE THROUGH THE PLATFORM ARE NO EXCEPTION. IT IS POSSIBLE THAT YOU MAY BECOME INJURED DOING THE EXERCISES IN YOUR PROGRAM, ESPECIALLY IF THEY ARE DONE WITH POOR FORM, EVEN WHEN THOROUGH INSTRUCTION IS INCLUDED ON FORM FOR EACH EXERCISE. YOU ARE USING THE PROGRAMS AT YOUR OWN RISK AND WE ARE NOT RESPONSIBLE FOR ANY INJURIES OR HEALTH PROBLEMS YOU MAY EXPERIENCE INCLUDING, WITHOUT LIMITATION, DEATH, AS A RESULT OF USING THE PROGRAMS.
RESULTS FROM THE PROGRAMS. ALTHOUGH THE PROGRAMS ARE INTENDED TO BE FULLY USED AND FOLLOWED, SOMETIMES THEY ARE NOT, WHICH COULD RESULT IN A LACK OF PROGRESS/RESULTS. IF USE AND FOLLOW IMPLEMENT THE PROGRAMS CORRECTLY YOU MAY SEE RESULTS, HOWEVER, EVEN WHEN YOU USE AND FOLLOW THE PROGRAMS IN FULL IT IS STILL POSSIBLE YOU WILL NOT SEE OR OBTAIN ANY RESULTS YOU EXPECTED AND IT IS ALSO POSSIBLE YOU WILL NOT LOSE FAT, LOSE WEIGHT, GAIN MUSCLE, OR ACHIEVE ANY POSITIVE RESULTS OF ANY KIND.
TESTIMONIAL DISCLAIMER. ALL THE TRANSFORMATIONS AND TESTIMONIALS AVAILABLE ON THE PLATFORM (COLLECTIVELY, THE “TESTIMONIALS”) ARE REAL. HOWEVER, THESE TESTIMONIALS ARE NOT CLAIMED TO REPRESENT TYPICAL RESULTS FROM FOLLOWING OR USING THE PROGRAMS. THE TESTIMONIALS ARE MEANT AS A SHOWCASE OF WHAT YOU MIGHT ACHIEVE, IN PART, BY USING AND FOLLOWING THE PROGRAMS. YOUR RESULTS MAY VARY, AND YOU MAY NOT GET THE SAME RESULTS COMPARED TO SOMEONE ELSE WHEN USING AND FOLLOWING THE PROGRAMS DUE TO WIDE RANGE OF FACTORS, INCLUDING, WITHOUT LIMITATION, DIFFERENCES IN YOUR INDIVIDUAL EXERCISE HISTORY, GENETICS, PERSONAL MOTIVATION/DEDICATION, AND OTHER FACTORS.
NO WARRANTIES FROM BOSS NYC AND DISCLAIMER. THE FOLLOWING DISCLAIMERS OF THIS SECTION ARE IN FURTHERANCE, AND NOT IN LIMITATION, OF ANY OTHER DISCLAIMERS OR WARNINGS IN THESE TERMS. THE PLATFORM AND ALL MATERIALS AND PROGRAMS ON OR AVAILABLE THROUGH THE PLATFORM ARE PROVIDED TO YOU ON AN “AS-IS,” “AS-AVAILABLE” BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT. RELIANCE ON ANY INFORMATION PROVIDED BY THE PLATFORM IS SOLELY AT YOUR OWN RISK. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE PLATFORM OR ANY PROGRAMS, DESCRIPTIONS, SERVICES, INFORMATION, OPINIONS, AND MATERIALS AVAILABLE THROUGH THE PLATFORM. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION YOU OBTAIN FROM THE PLATFORM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ANY OF OUR AUTHORIZED REPRESENTATIVES SHALL CREATE ANY WARRANTY. USE OF THE PLATFORM AND PROGRAMS IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE PLATFORM OR THE PROGRAMS PROVIDED THROUGH THE PLATFORM WILL BE UNINTERRUPTED, COMPLETELY SECURE, VIRUS-FREE, OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER WRITTEN, ORAL OR MULTIMEDIA, OBTAINED BY YOU FROM THE PLATFORM WILL CREATE ANY ADDITIONAL WARRANTY PROVIDED BY US THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ARE SOLELY RESPONSIBLE FOR YOUR SELECTION AND USE OF ANY PROGRAMS YOU CHOOSE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE APPROPRIATENESS, ACCURACY, COMPLETENESS, AND RELIABILITY OF ANY PROGRAMS, INFORMATION, OPINIONS, ADVICE, OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE PLATFORM. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 15 BELOW, YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE PLATFORM SHALL BE TO DISCONTINUE USING THE PLATFORM.
OWNERSHIP. THE PLATFORM, PROGRAMS, AND ALL RIGHTS THEREIN ARE AND WILL REMAIN OUR PROPERTY OR THE PROPERTY OF OUR LICENSORS. NEITHER THESE TERMS NOR YOUR USE OF THE PLATFORM OR ANY PROGRAMS CONVEY OR GRANT TO YOU ANY RIGHTS IN OR RELATED TO THE PLATFORM OR PROGRAMS EXCEPT FOR THE LIMITED LICENSE WE GRANT YOU ABOVE. ALL TRADEMARKS, SERVICE MARKS AND LOGOS THAT ARE USED OR DISPLAYED ON THE PLATFORM ARE OWNED BY US OR OUR LICENSORS. YOU MUST OBTAIN OUR WRITTEN PERMISSION PRIOR TO USING ANY TRADEMARK OR SERVICE MARK OF OURS. UNAUTHORIZED USE OF ANY TRADEMARKS, SERVICE MARKS OR LOGOS USED ON THE PLATFORM MAY BE A VIOLATION OF STATE, NATIONAL AND INTERNATIONAL TRADEMARK LAWS. ADDITIONALLY, OUR CUSTOM ICONS, GRAPHICS, LOGOS, AND SCRIPTING ON THE PLATFORM MAY BE COVERED BY TRADEMARK, TRADE DRESS, COPYRIGHT, OR OTHER PROPRIETARY RIGHT LAW, AND MAY NOT BE COPIED, MODIFIED, OR USED, IN WHOLE OR IN PART, WITHOUT OUR PRIOR WRITTEN PERMISSION.
VIOLATION OF RULES AND REGULATIONS; DISCLOSURE OF INFORMATION. WE RESERVE THE RIGHT TO SEEK ALL REMEDIES AVAILABLE AT LAW AND IN EQUITY FOR VIOLATIONS OF THE RULES AND REGULATIONS SET FORTH IN THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THESE TERMS (COLLECTIVELY, THE “RULES”). WITHOUT LIMITING THE FOREGOING, IF WE REASONABLY SUSPECT YOU HAVE VIOLATED OR ATTEMPTED TO VIOLATE THE RULES, WE MAY TEMPORARILY SUSPEND YOUR ACCOUNT, DELETE YOUR ACCOUNT AND/OR PERMANENTLY BLOCK YOU OR ANY PARTICULAR INTERNET ADDRESS, FROM ACCESSING OR USING THE PLATFORM. WE MAY COOPERATE WITH LEGAL AUTHORITIES AND/OR THIRD PARTIES IN THE INVESTIGATION OF ANY SUSPECTED OR ALLEGED CRIME OR CIVIL WRONG. EXCEPT AS MAY BE EXPRESSLY LIMITED BY THE PRIVACY POLICY, WE RESERVE THE RIGHT AT ALL TIMES TO: (A) DISCLOSE ANY INFORMATION AS WE DEEM NECESSARY TO SATISFY ANY APPLICABLE LAW, RULE, REGULATION, LEGAL PROCESS, OR GOVERNMENTAL REQUEST; OR (B) EDIT, REFUSE TO POST OR TO REMOVE ANY ACCOUNT DATA OR OTHER INFORMATION OR MATERIALS, IN WHOLE OR IN PART, AS APPLICABLE, IN OUR SOLE DISCRETION.
INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD US AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, PARTNERS AND LICENSORS HARMLESS FROM AND AGAINST ANY AND ALL SUITS, ACTIONS, LOSSES, CLAIMS, PROCEEDINGS, DEMANDS, EXPENSES, DAMAGES, SETTLEMENTS, JUDGMENTS, INJURIES, LIABILITIES, OBLIGATIONS, RISKS, AND COSTS, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, DUE TO, RELATING TO, OR ARISING OUT OF: (A) YOUR USE OF THE PLATFORM; (B) YOUR USE OF ANY PROGRAMS; (C) YOUR VIOLATION OF THESE TERMS; (D) ANY ACCOUNT DATA YOU PROVIDE; (E) YOUR NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT; (F) YOUR ACCOUNT; AND/OR (H) YOUR VIOLATION OF ANY LAW OR REGULATION OR ANY RIGHTS OF ANOTHER ENTITY OR INDIVIDUAL. WE RESERVE THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER WHICH YOU ARE REQUIRED TO INDEMNIFY AGAINST, AND YOU AGREE TO COOPERATE IN OUR DEFENSE OF SUCH MATTER. THIS INDEMNIFICATION WILL SURVIVE ANY TERMINATION OF THESE TERMS.
LIMITATION OF LIABILITY. YOU UNDERSTAND AND AGREE THAT NEITHER WE NOR ANY OF OUR LICENSORS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY MATERIALS OR PROGRAMS AVAILABLE TO YOU ON OR THROUGH THE PLATFORM, WHETHER OR NOT YOU HAVE PURCHASED OR PROVIDED ANY CONSIDERATION FOR SUCH, EVEN IF WE OR OUR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO: (A) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE PLATFORM; (B) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (C) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY; (D) ANY INJURY, HARM, OR OTHER DAMAGE YOU MAY SUFFER AS A RESULT OF USING OR FOLLOWING ANY PROGRAMS; (E) RELIANCE BY ANY PARTY ON ANY PROGRAM, CONTENT, LISTING, OR ACCOUNT DATA OBTAINED THROUGH USE OF THE PLATFORM; AND (F) WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, EPIDEMIC, PANDEMIC, ANY GLOBAL, NATIONAL, OR LOCAL PUBLIC HEALTH EMERGENCY OR DISEASE OUTBREAK (INCLUDING, WITHOUT LIMITATION, COVID-19 (A/K/A THE 2019 NOVEL CORONAVIRUS) OR ANY SIMILAR DISEASE(S)), TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE PLATFORM, OR RELATED INFORMATION OR PROGRAMS, THAT ARISE IN CONNECTION WITH: (1) MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO YOU OR FROM US; (2) INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE PLATFORM; OR (3) COMPUTER VIRUSES. OUR TOTAL LIABILITY TO YOU RELATING TO THESE TERMS AND ANY PROGRAMS YOU USE OR FOLLOW, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID US DIRECTLY FOR THE USE OF THE PLATFORM, IF ANY, AND IF YOU HAVE PAID NO AMOUNT, THEN TEN UNITED STATES DOLLARS ($10.00). YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE VIEWED OR USED THE PLATFORM WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THESE TERMS. BY ACCESSING THE PLATFORM, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
THIRD PARTY WEBSITES. SOME LINKS IN THE PLATFORM MAY NAVIGATE YOU AWAY FROM THE PLATFORM OR REDIRECT YOU TO OTHER WEBSITES, INCLUDING WEBSITES OPERATED BY THIRD PARTIES. THE LINKED THIRD PARTY WEBSITES ARE NOT UNDER OUR CONTROL, AND THE CONTENT AVAILABLE ON THE LINKED THIRD PARTY WEBSITES DOES NOT NECESSARILY REFLECT OUR OPINION OR IMPLY OUR RECOMMENDATION OR ENDORSEMENT OF THE LINKED THIRD PARTY WEBSITE OR THE OPINIONS EXPRESSED THEREIN. WE ARE NOT RESPONSIBLE FOR THE PRIVACY PRACTICES OF ANY OTHER WEBSITES, INCLUDING, WITHOUT LIMITATION, ANY OF OUR LICENSORS. PLEASE BE AWARE THAT THOSE WEBSITES MAY COLLECT PERSONALLY IDENTIFIABLE INFORMATION (“PII”) FROM OR ABOUT YOU AS WELL AS NON-PII ABOUT YOUR VISIT. YOU SHOULD REVIEW THE TERMS OF USE AND PRIVACY POLICIES THAT ARE POSTED ON ANY WEBSITE THAT YOU VISIT, BEFORE USING ANY LINKED WEBSITES. WE ARE PROVIDING THESE LINKS TO OTHER INTERNET SITES AS A CONVENIENCE TO YOU, AND ACCESS TO ANY OTHER INTERNET SITES LINKED TO THE PLATFORM IS AT YOUR OWN RISK. WE ARE UNDER NO OBLIGATION TO MAINTAIN ANY LINK ON THE PLATFORM AND WE MAY REMOVE A LINK AT ANY TIME IN OUR SOLE DISCRETION FOR ANY REASON WHATSOEVER. WE WILL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGES OR LOSSES CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON SUCH CONTENT, PRODUCTS, SERVICES OR OTHER MATERIALS AVAILABLE ON OR THROUGH ANY SUCH WEBSITE OR FOR ANY ACTION YOU MAY TAKE AS A RESULT OF LINKING TO ANY SUCH WEBSITE.
NO FIDUCIARY RELATIONSHIP. THERE IS NO FIDUCIARY RELATIONSHIP BETWEEN YOU AND US. THESE TERMS DO NOT CREATE ANY RELATIONSHIP OF DOCTOR-PATIENT, PRINCIPAL-AGENT, PARTNERSHIP, JOINT VENTURE, OR EMPLOYER-EMPLOYEE BETWEEN YOU AND US. YOU MAY NOT ENTER INTO ANY CONTRACT ON OUR BEHALF OR BIND US IN ANY WAY.
RIGHT TO MONITOR. WE RESERVE THE RIGHT TO ACTIVELY MONITOR THE USE OF THE PLATFORM AND USE ANY INFORMATION GATHERED DURING SUCH MONITORING FOR ANY PERMISSIBLE PURPOSE UNDER THE PRIVACY POLICY. ADDITIONALLY, WE RESERVE THE RIGHT, BUT DISCLAIM ANY AND EVERY OBLIGATION, TO REMOVE ANY PROGRAMS OR OTHER INFORMATION OR MATERIALS FROM THE PLATFORM, AT ANY TIME AS WE DEEM APPROPRIATE, THAT, IN OUR SOLE DISCRETION, MAY BE ILLEGAL, MAY SUBJECT US TO LIABILITY, MAY VIOLATE THESE TERMS, OR ARE, IN OUR SOLE DISCRETION, INCONSISTENT WITH OUR PURPOSE FOR THE PLATFORM.
ELECTRONIC COMMUNICATIONS AND NOTICE. WHEN YOU VISIT THE PLATFORM, SEND MESSAGES TO US THROUGH THE PLATFORM, OR SEND E-MAILS TO US, YOU ARE COMMUNICATING WITH US ELECTRONICALLY AND YOU CONSENT TO RECEIVE COMMUNICATIONS FROM US ELECTRONICALLY. WE WILL COMMUNICATE WITH YOU BY E-MAIL AT THE ADDRESS WE HAVE ON FILE FOR YOU (IF ANY), SENDING YOU MESSAGES TO YOUR ACCOUNT, OR BY POSTING NOTICES ON THE PLATFORM. YOU AGREE THAT ALL AGREEMENTS, NOTICES, DISCLOSURES AND OTHER COMMUNICATIONS THAT WE PROVIDE TO YOU ELECTRONICALLY SATISFY ANY LEGAL REQUIREMENT THAT SUCH COMMUNICATIONS BE IN WRITING. YOU FURTHER AGREE THAT ANY NOTICES PROVIDED BY US ELECTRONICALLY ARE DEEMED TO BE GIVEN AND RECEIVED ON THE DATE WE TRANSMIT ANY SUCH ELECTRONIC COMMUNICATION AS DESCRIBED IN THESE TERMS. YOU MAY WITHDRAW YOUR CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS AT ANY TIME BY SUBMITTING A REQUEST TO US AT THE ADDRESS WE HAVE PROVIDED BELOW. NOTE THAT IF YOU WITHDRAW YOUR CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS, SUCH WITHDRAWAL WILL ONLY BE EFFECTIVE AFTER WE HAVE HAD A REASONABLE PERIOD OF TIME TO PROCESS YOUR WITHDRAWAL (USUALLY THREE (3) MONTHS). ADDITIONALLY, IF YOU WITHDRAW YOUR CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS, AND WE ARE REQUIRED TO SEND YOU PAPER COPIES OF COMMUNICATIONS, WE MAY CANCEL YOUR ACCESS TO AND USE OF THE PLATFORM. IN ORDER FOR US TO SEND YOU PAPER COPIES, YOU MUST HAVE A CURRENT MAILING ADDRESS ON FILE FOR YOUR ACCOUNT. WE RESERVE THE RIGHT TO CHARGE YOU REASONABLE FEES TO COVER THE COSTS OF SENDING YOU PAPER COPIES OF ELECTRONIC COMMUNICATIONS. IT IS YOUR RESPONSIBILITY TO MAKE SURE THAT THE CONTACT INFORMATION IN FOR YOUR ACCOUNT IS ACCURATE. WE ARE NOT RESPONSIBLE FOR YOUR FAILURE TO RECEIVE ANY COMMUNICATIONS IF YOU FAILED TO UPDATE YOUR CONTACT INFORMATION. ALL NOTICES REQUIRED OR PERMITTED UNDER THESE TERMS TO US WILL BE IN WRITING AND SENT BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, OR BY REPUTABLE OVERSIGHT COURIER, OR BY HAND DELIVERY, PROVIDED THAT WE MAY PROVIDE WRITTEN NOTICE TO YOU THROUGH ELECTRONIC COMMUNICATIONS AS DESCRIBED IN THE PARAGRAPH IMMEDIATELY ABOVE. THE NOTICE ADDRESS FOR BOSS NYC IS 1 RENWICK STREET, NEW YORK, NEW YORK 10013. ANY NOTICE SENT IN THE MANNER SENT FORTH ABOVE SHALL BE DEEMED SUFFICIENTLY GIVEN FOR ALL PURPOSES HEREUNDER (A) IN THE CASE OF CERTIFIED MAIL, ON THE SECOND BUSINESS DAY AFTER DEPOSITED IN THE U.S. MAIL, AND (B) IN THE CASE OF OVERNIGHT COURIER OR HAND DELIVERY, UPON DELIVERY. WE MAY CHANGE OUR NOTICE ADDRESS BY GIVING WRITTEN NOTICE TO YOU BY THE MEANS SPECIFIED IN THIS SECTION.
USE OUTSIDE OF THE UNITED STATES; CHOICE OF LAW; AND ARBITRATION. THE PLATFORM IS OPERATED BY US FROM OUR OFFICES WITHIN THE UNITED STATES OF AMERICA. WE MAKE NO REPRESENTATION THAT THE INFORMATION IN THE PLATFORM IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS, AND ACCESS TO THE PLATFORM FROM TERRITORIES WHERE THE CONTENTS OF THE PLATFORM MAY BE ILLEGAL IS PROHIBITED. THOSE WHO CHOOSE TO ACCESS THE PLATFORM FROM OTHER LOCATIONS DO SO, ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LOCAL LAWS. YOU REPRESENT AND WARRANT THAT: (A) YOU ARE NOT LOCATED IN A COUNTRY THAT IS SUBJECT TO A U.S. GOVERNMENT EMBARGO, OR THAT HAS BEEN DESIGNATED BY THE U.S. GOVERNMENT AS A “TERRORIST SUPPORTING” COUNTRY; AND (B) YOU ARE NOT LISTED ON ANY U.S. GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES. BY USING THE PLATFORM, REGARDLESS OF WHERE YOU LIVE OR ARE LOCATED IN THE WORLD, YOU CONSENT TO THESE TERMS AND ANY CLAIMS RELATING TO THE INFORMATION, PROGRAMS, SERVICES, OR PRODUCTS MADE AVAILABLE THROUGH THE PLATFORM WILL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, U.S.A., EXCLUDING THE APPLICATION OF ITS CONFLICTS OF LAW RULES. SUBJECT TO SECTION 22 BELOW, ANY ACTION OR PROCEEDING BETWEEN THE PARTIES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OF THE TRANSACTIONS CONTEMPLATED IN THESE TERMS WILL BE SUBJECT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE FEDERAL AND STATE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK, AND EACH PARTY CONSENTS TO THE PERSONAL AND EXCLUSIVE JURISDICTION AND VENUE OF THESE COURTS.
TIME LIMIT ON CLAIMS AGAINST US. YOU AGREE THAT ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM OR YOUR RELATIONSHIP WITH US MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, YOUR CLAIM IS PERMANENTLY BARRED.
ARBITRATION. ARBITRATION CLAUSE – CLASS ACTION WAIVER — IMPORTANT — PLEASE REVIEW — AFFECTS YOUR LEGAL RIGHTS. A) YOU AND WE EACH AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THE PLATFORM, PROGRAMS, OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY OF THESE TERMS (COLLECTIVELY, “DISPUTES”) WILL BE RESOLVED SOLELY BY BINDING, INDIVIDUAL ARBITRATION AND NOT IN A CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTION OR PROCEEDING. YOU AGREE THAT THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THE TERMS SET FORTH HEREIN AND THAT BOSS NYC AND YOU ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THESE TERMS. B) YOU ACKNOWLEDGE THAT, AS LIMITED EXCEPTIONS TO SECTION 22(A) ABOVE: (I) YOU MAY SEEK TO RESOLVE A DISPUTE IN SMALL CLAIMS COURT IF IT QUALIFIES; AND (II) YOU AND WE EACH RETAIN THE RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM A COURT TO PREVENT (OR ENJOIN) THE INFRINGEMENT OR MISAPPROPRIATION OF YOUR OR BOSS NYC’S RESPECTIVE INTELLECTUAL PROPERTY RIGHTS. IN ADDITION, YOU ACKNOWLEDGE THAT YOU RETAIN THE RIGHT TO OPT OUT OF ARBITRATION ENTIRELY AND LITIGATE ANY DISPUTE IF NO LATER THAN THE TIME OF THE INITIAL DISPUTE RESOLUTION (SEE SECTION 22(C) BELOW) YOU PROVIDE BOSS NYC WITH WRITTEN NOTICE OF YOUR DESIRE TO DO SO BY REGULAR MAIL SENT TO THE ATTENTION OF PRESIDENT AT 1 RENWICK STREET, NEW YORK, NEW YORK 10013. C) YOU AGREE THAT, BEFORE INITIATING ANY DISPUTE OR ARBITRATION PROCEEDING, YOU AND WE WILL ATTEMPT TO NEGOTIATE AN INFORMAL RESOLUTION OF ANY DISPUTE. YOU ACKNOWLEDGE THAT, TO BEGIN THIS PROCESS, BEFORE INITIATING ANY ARBITRATION PROCEEDING, YOU MUST SEND A NOTICE OF DISPUTE (“NOTICE”) BY CERTIFIED MAIL TO THE ATTENTION OF PRESIDENT AT 1 RENWICK STREET, NEW YORK, NEW YORK 10013. YOU ACKNOWLEDGE THAT, IN THE NOTICE, YOU MUST DESCRIBE THE NATURE AND BASIS OF THE DISPUTE AND THE RELIEF YOU AM SEEKING. IF YOU AND WE ARE UNABLE TO RESOLVE THE DISPUTE WITHIN 45 DAYS AFTER BOSS NYC’S RECEIPT OF THE NOTICE, THEN YOU OR BOSS NYC MAY INITIATE ARBITRATION PROCEEDINGS AS SET OUT BELOW. D) ANY ARBITRATION WILL BE CONDUCTED BY JAMS PURSUANT TO ITS STREAMLINED ARBITRATION RULES AND PROCEDURES (THE “JAMS RULES”) THEN IN EFFECT, EXCEPT AS MODIFIED HEREBY. THE JAMS RULES ARE AVAILABLE AT WWW.JAMSADR.COM OR BY CALLING 1-800-352-5267. A PARTY WHO WISHES TO START ARBITRATION MUST SUBMIT A WRITTEN DEMAND FOR ARBITRATION TO JAMS AND GIVE NOTICE TO THE OTHER PARTY AS SPECIFIED IN THE JAMS RULES. JAMS PROVIDES A FORM DEMAND FOR ARBITRATION AT WWW.JAMSADR.COM. JAMS WILL APPOINT AN ARBITRATOR THAT IS EITHER (1) A RETIRED FEDERAL OR STATE COURT JUDGE, OR (2) AN ATTORNEY WHO HAS BEEN LICENSED TO PRACTICE LAW IN THE STATE OF NEW YORK FOR AT LEAST 10 YEARS. THE ARBITRATION WILL BE CONDUCTED BY AN IN-PERSON HEARING, UNLESS YOU AND WE BOTH AGREE OTHERWISE. IF JAMS FAILS OR DECLINES TO CONDUCT THE ARBITRATION FOR ANY REASON, YOU AND WE WILL MUTUALLY SELECT A DIFFERENT ARBITRATION ADMINISTRATOR. IF YOU AND WE CANNOT AGREE, A COURT WILL APPOINT A DIFFERENT ARBITRATION ADMINISTRATOR. ANY ARBITRATION HEARINGS WILL TAKE PLACE IN NEW YORK COUNTY, NEW YORK. THE PARTIES AGREE THAT THE ARBITRATOR SHALL HAVE EXCLUSIVE AUTHORITY TO DECIDE ALL ISSUES RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY AND SCOPE OF THIS ARBITRATION AGREEMENT. DURING THE ARBITRATION, BOTH BOSS NYC AND YOU MAY TAKE ONE DEPOSITION OF THE OPPOSING PARTY, LIMITED TO FOUR HOURS. IF YOU AND WE CANNOT AGREE ON A TIME AND LOCATION FOR A DEPOSITION, THE ARBITRATOR WILL RESOLVE ANY SCHEDULING DISPUTES. E) EACH OF BOSS NYC AND YOU SHALL PAY ITS PRO RATA SHARE OF JAMS FEES AND EXPENSES AS SET FORTH IN THE JAMS FEE SCHEDULE IN EFFECT AT THE TIME OF THE COMMENCEMENT OF ANY ARBITRATION IN ACCORDANCE WITH THE RELATED TERMS SET FORTH IN JAM’S STREAMLINED ARBITRATION RULES. F) BOSS NYC AND YOU AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER ACKNOWLEDGE THAT, IF THE PARTIES’ DISPUTE IS RESOLVED THROUGH ARBITRATION, NEITHER JAMS NOR THE ARBITRATOR MAY CONSOLIDATE ANOTHER PERSON’S CLAIMS WITH YOUR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING FOR ANY PURPOSE. IF THIS SPECIFIC PROVISION IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS SECTION 22 SHALL BE NULL AND VOID. G) IF AN ARBITRATOR OR COURT OF COMPETENT JURISDICTION DECIDES THAT ANY PART OF THIS AGREEMENT IS INVALID OR UNENFORCEABLE, THE OTHER PARTS OF THIS AGREEMENT WILL STILL APPLY.
TERM AND TERMINATION. THESE TERMS BECOME EFFECTIVE WHEN YOU USE THE PLATFORM AND SHALL REMAIN IN EFFECT UNTIL YOUR USE IS TERMINATED. YOU MAY TERMINATE YOUR ACCESS TO ANY OF THE PLATFORM AT ANY TIME IN ACCORDANCE WITH ANY SPECIFIC PROCEDURE SET FORTH IN THESE TERMS, OR IF NO SPECIFIC PROCEDURE IS PROVIDED, BY DISCONTINUING USE OF ANY OF THEM, AS APPLICABLE. YOUR FAILURE TO COMPLY WITH THESE TERMS WILL RESULT IN AUTOMATIC TERMINATION OF ANY RIGHTS GRANTED TO YOU, WITHOUT PRIOR NOTICE, AND YOU MUST IMMEDIATELY DESTROY ALL COPIES OF DOWNLOADED MATERIALS IN YOUR POSSESSION OR CONTROL. WE RESERVE THE RIGHT TO TERMINATE THESE TERMS AT ANY TIME IF YOU VIOLATE THESE TERMS OR WE REASONABLY BELIEVE YOUR USE OF THE PLATFORM VIOLATES THESE TERMS. UPON TERMINATION, YOU WILL NO LONGER HAVE A RIGHT OR LICENSE TO ACCESS OR USE THE PLATFORM AND YOU MUST IMMEDIATELY DESTROY ALL COPIES OF DOWNLOADED MATERIALS IN YOUR POSSESSION OR CONTROL. THE PORTIONS OF THESE TERMS AFFECTING MONETARY AMOUNTS YOU OWE, ARBITRATION, INDEMNIFICATION, DISCLAIMERS, VOLUNTARY SUBMISSIONS, LICENSES YOU GRANT US, AND LIMITS ON LIABILITY WILL SURVIVE THE TERMINATION OF THESE TERMS AND CONTINUE TO BE IN FORCE INDEFINITELY.
SEVERABILITY AND WAIVER. IF ANY PROVISION OF THESE TERMS WILL BE DEEMED UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE, THEN THAT PROVISION WILL BE DEEMED SEVERABLE FROM THESE TERMS AND WILL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS. OUR FAILURE TO ENFORCE THE STRICT PERFORMANCE OF ANY PROVISION OF THESE TERMS WILL NOT CONSTITUTE A WAIVER OF OUR RIGHT TO SUBSEQUENTLY ENFORCE SUCH PROVISION OR ANY OTHER PROVISIONS OF THESE TERMS.
ASSIGNMENT. WE MAY ASSIGN THESE TERMS OR ANY PART OF THEM WITHOUT RESTRICTION OR CONDITION. YOU MAY NOT ASSIGN OR OTHERWISE TRANSFER THESE TERM OR YOUR RIGHTS UNDER THESE TERMS WITHOUT OUR PRIOR WRITTEN CONSENT AND ANY ASSIGNMENT IN VIOLATION OF THIS PROHIBITION WILL BE NULL AND VOID.
OUR REMEDIES. YOU AGREE THAT ANY VIOLATION, OR THREATENED VIOLATION, BY YOU OF THESE TERMS WILL CAUSE US IRREPARABLE AND UNQUANTIFIABLE HARM. YOU ALSO AGREE THAT MONETARY DAMAGES WOULD BE INADEQUATE FOR SUCH HARM AND CONSENT TO OUR OBTAINING ANY INJUNCTIVE OR EQUITABLE RELIEF THAT WE DEEM NECESSARY OR APPROPRIATE. THESE REMEDIES ARE IN ADDITION TO ANY OTHER REMEDIES WE MAY HAVE AT LAW OR IN EQUITY.
GOVERNMENT USAGE RIGHTS. ALL MATERIALS, SOFTWARE AND APPLICATIONS ON OR AVAILABLE THROUGH THE PLATFORM ARE PROVIDED WITH “RESTRICTED RIGHTS.” USE, DUPLICATION, OR DISCLOSURE BY THE U.S. GOVERNMENT IS SUBJECT TO RESTRICTIONS AS SET FORTH IN APPLICABLE LAWS AND REGULATIONS.
HOW TO CONTACT US. IF YOU HAVE ANY QUESTIONS REGARDING THE PLATFORM, THESE TERMS, PLEASE CONTACT AT US AT THE INFORMATION PROVIDED IN OUR PRIVACY POLICY, AVAILABLE HERE: HTTPS://BOSSNYCFIT.COM/PRIVACY.