TERMS & CONDITIONS

Effective as of December 11, 2018


This policy governs your use of the Rumble website and app (the "Website” and the “App”). The Website and App are designed to allow users to make class/series purchases, register for classes, book spots, buy merchandise, and communicate with Rumble Fitness, LLC ("Rumble").

GENERAL STATEMENT ON PRIVACY, PERSONAL DATA, AND COMMUNICATIONS

If you use the Website or App, you are responsible for maintaining the confidentiality of your account, password, and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account and password.

When you visit the Website or App, or communicate with Rumble via email, you are communicating electronically. You consent to receive communications from Rumble electronically. Rumble will communicate with you by email or by posting notifications on the Website and App. You understand and agree that all agreements, notices, disclosures, and other communications that Rumble provides electronically satisfy any legal requirement that such communications be in writing.

USER PROVIDED INFORMATION

Rumble does not collect any personal information about individuals -- such as names and postal codes, home addresses, and email addresses -- except when such information is knowingly provided to Rumble. Personal information might be obtained from online transactions such as class/series purchases, retail purchases, and/or class registrations. Additionally, personal information may be transmitted as part of a form submission or in connection with other activities or services made available on the Website and App. Any personal identification information retrieved by Rumble must be voluntarily submitted by the user.

Rumble may use the information provided to contact you with important information, required notices, and marketing promotions.

AUTOMATICALLY COLLECTED INFORMATION

The Website and App collects some anonymous information about users automatically when individuals request pages through a browser. This information is used to keep track of the shopping cart and to help us monitor how individuals use the Website and App, which allows Rumble to provide an optimal experience and better service throughout the online offerings. The information collected automatically by the server does not contain anything that can identify individuals personally, such as an email or home address.

SECURITY STATEMENT

Rumble makes every effort to ensure that all of the transactions that occur on the Website and App are secure. All credit card numbers and transactions are encrypted using 128-bit Secure Socket Layer (SSL) encryption. We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve the Website and App. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

WHAT IS A SECURE CONNECTION?

When a secure connection is established between your browser and a website or app, any data that is transferred over the connection will be encrypted to prevent it from being viewed by a third party. SSL encryption makes it very difficult for anyone to intercept or decode messages exchanged over this type of secure connection.

Browsers such as Internet Explorer, Firefox, and Safari display an image of a locked padlock on their status bar when connected to a secure site. Google Chrome shows a green locked padlock on the far left side of the status bar when there is a secure SSL connection. Firefox colors the address bar yellow when connected to a secure site. Secure transactions are also indicated when the prefix in the location bar of your browser switches from http:// or https://. The additional 's' stands for "secure" and indicates a secure connection to the Rumble website. If you do not see this padlock, if it is unlocked, or if the protocol in the location bar is not listed as https://, then any data exchanged with the website is potentially visible to others.

Depending on your browser, you may be able to view authentication information about a secure page by double-clicking on the padlock icon in the status bar. For more information on how your software establishes a secure connection, see the help files for your particular browser.

COOKIES

A cookie is a small text file that is sent to your browser from a website or app and stored on your computer's hard drive. Cookies cannot read data from your hard disk or read cookie files that were created by other sites -- the website or app that creates a cookie is the only one a browser will permit to access it.

Like many other websites and applications, the Website and App uses cookies to obtain certain types of information. For example, Rumble might use cookies to control access to certain features such as your password and account, to customize content areas, or to analyze site activity and user behavior. Rumble reserves the right to use cookies in the future in conjunction with new content or expanded functionality.

If you are concerned about the use of cookies, you can explore your web browser's options to notify you whenever a cookie is set, or to disallow cookies altogether. You should be aware that prohibiting the use of cookies will significantly restrict access to certain types of content or features.

HOW INFORMATION IS USED

The following are examples of how Rumble might use the personal information collected through the Website and App:

* If you purchase a Rumble series, sign up for a Rumble class, or purchase Rumble retail items, the required personal information (similar to that provided during a telephone or mail order purchase) will be used to complete your order.

* If you indicate that you are interested in receiving Rumble related news and information, you may receive emails to the email address you provided as part of the registration process.

For the non-personally identifiable information collected throughout the Website and App:

* Aggregate data could be analyzed to describe the collective characteristics and behaviors of online visitors, and subsequently be used to further optimize the effectiveness of the website and app and the overall Rumble experience.

You can help Rumble maintain the accuracy of your personal information by updating your account. Please update this information when you change your address, phone number, or email address. Rumble will never share telephone numbers, email addresses, or any personal data with third parties.

Rumble reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, at its sole discretion.

PRIVACY OF MINORS

If you are under 18, you may register and use the Website and App only with the involvement of a parent or guardian. Rumble does not accept the online registration of minors; please do not attempt to register on the Website or App if you are under the age of 18.

A parent or guardian must sign waiver on behalf of a minor before the minor shall be permitted to participate in a class. A minor must be at least 13 years of age and at least 5 feet tall to participate in a class.

If Rumble discovers that personal information has been submitted by a minor without a signed participant/registration waiver, Rumble reserves the right to delete such information. Rumble does not seek or share personal information from minors throughout the Website or App.

RESERVATIONS/CHARGES/CLASSES/INFRARED SAUNA PASSES AND GIFT CARDS

In order to make a reservation, you must first buy a class or a series of classes. To buy an individual class or series of classes online, you can either sign up here by using your email and creating a password, or if you are already registered, click login to buy a series and make your reservation. To make a reservation at a Rumble location offering infrared sauna sessions, you must first buy an infrared sauna pass or a series of infrared sauna passes.

You should be aware that classes, infrared sauna passes and series for both expire, and future prices are subject to change. We accept MasterCard, Visa, and American Express. Your credit/debit card will be charged for your order when you submit your reservation. Rumble will not process reservation charges that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that Rumble may incur in its efforts to collect any unpaid balances from you.

In addition to classes, infrared sauna passes and series of classes and infrared sauna passes, you can also buy a gift certificate. Rumble’s gift certificates are called "gift cards". Gift cards never expire and the person that you are giving them to can use his or her gift card(s) to buy classes or to buy any kind of merchandise. Once a class is purchased using a gift card, it will expire, just like any other class or infrared sauna pass you buy. Gift cards, classes and infrared sauna passes are not the same thing. Unlike gift cards or gift certificates, classes and infrared sauna passes are for our regular group-fitness classes and infrared sauna use only. You cannot give classes or infrared sauna passes to another as a gift. When you buy a class or infrared sauna pass, you are only entitled to use that class or infrared sauna pass to book a space in a particular Rumble fitness studio or infrared sauna location at a particular time. You cannot redeem your class or infrared sauna for cash and you cannot transfer it to another user.

Classes and infrared sauna passes do expire. The expiration dates are posted in the description of the class, infrared sauna pass or series of classes and infrared sauna passes on our website and app. Future class prices and infrared sauna prices are subject to change, but Rumble will honor your class, infrared sauna pass or series of classes or infrared sauna passes until the expiration date, regardless of whether there is a price increase in the interim. Your credit/debit card will be charged for your order when you buy your class, infrared sauna pass or series of classes or infrared sauna passes, not when you book your class or infrared sauna session. Rumble will not process reservation charges that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that Rumble may incur in its efforts to collect any unpaid balances from you.

All introductory offers, promotions and discount codes are for one time use only per individual, unless expressly indicated to the contrary. Rumble reserves the right to charge the full price in the event you use an introductory offer, promotion or discount code on a duplicate basis to purchase a class, infrared sauna pass or series of the same. Should Rumble charge you the full price your rights to then cancel such class or series and/or to receive a refund shall continue to apply in accordance with our standard cancellation and refund terms. Rumble also reserves the right in its discretion to immediately cancel all accounts linked to you in such circumstances.

GEOGRAPHIC USE OF CLASSES AND INFRARED SAUNA PASSES

Rumble offers different series of classes and in the case of infrared sauna passes, only in certain Rumble locations, so that our clients can select the options that best suit their individual needs; classes and infrared sauna passes may only be used in the region in which you purchased them. Before you buy a class, infrared sauna pass or series of classes or infrared sauna passes, it is important that you read the written descriptions we provide about what the class, infrared sauna pass or series of the same includes, its expiration date, and the region in which it may be used.

REQUIRED EQUIPMENT

Your safety and physical wellbeing is of primary importance to Rumble. In order to participate in a class it is mandatory for all participants to use gloves, wraps and athletic footwear. Rumble reserves the right to refuse entry into a class if you chose not to wear such equipment. You will not be refunded for your class in such circumstances.

RIGHT TO CANCEL

You may cancel your purchase of one class or an infrared sauna pass or a class series or series of infrared sauna passes at any time before midnight of the fifth business day after the date of your purchase, excluding Sundays and holidays. To cancel, mail, e-mail or deliver a signed and dated notice which states that you are canceling your purchase, and send it to contact@rumble-boxing.com or Rumble Fitness LLC, 146 West 23rd Street, New York, NY 10011, Attention: Refunds. Rumble will refund the purchase price of your unused classes within ten days after we receive your notice of cancellation.

ADDITIONAL RIGHTS TO CANCEL

You or your representative may also cancel your purchase of a class, infrared sauna pass or series of classes or infrared sauna passes for any of the reasons listed below. To do so, you must give us written notice, by e-mail or certified or registered mail to contact@rumble-boxing.com or Rumble Fitness LLC, 146 West 23rd Street, New York, NY 10011, Attention: Refunds.

You may cancel your contract in any of the following circumstances. If you become disabled and, as a result, cannot physically participate in a class or infrared sauna session you have purchased, and your condition is verified by a doctor, Rumble will refund you the purchase price of your unused class or classes or infrared sauna pass or passes. If you die, Rumble will refund your representative the purchase price of your unused class or classes, infrared sauna pass or passes.

If you move your residence more than 25 miles from a Rumble studio location, you may cancel your purchase and Rumble will refund the purchase price of your unused class or classes or infrared sauna pass or passes. Depending upon where you live, you may be charged a cancellation fee. All such refunds subject to proof of change of mailing address.

If Rumble stops offering classes or infrared sauna sessions, you may cancel your purchase.

In addition to your rights of cancellation and refund if you wish to simply cancel a spot booked in a class or infrared sauna session for rescheduling you may do so up until 5 p.m. local time the night before the applicable class or infrared sauna session, and in such case your class or infrared sauna pass will be returned to your account to be used at a future date, subject to the applicable expiry date for such class or series of classes. You can cancel a reserved spot in the following ways:

1) Log into your account and, next to the class you wish to cancel, press "unreserve."

2) Call the applicable studio where you have booked to cancel the class. A member of the Rumble team with then cancel the class on your behalf.

Please note, in fairness to all our clients, AVAILABLE SPOTS WILL BE RELEASED 5 MINUTES BEFORE A CLASS BEGINS to the Rumble waitlist.

FOR CLIENTS RUNNING LATE: There will be no entry into the studio five minutes after the class has started.

FOR CLIENTS LEAVING EARLY: If you're planning on leaving early, we kindly request that you tell the instructor ahead of time.

FOR CLIENTS BOOKED FROM THE WAITLIST: Twelve hours prior to class, you may be booked from the waitlist by our system, as clients cancel. If you are booked from the waitlist, you are responsible for this reservation and standard cancellation policies apply.

Retail Returns

Unwashed, unworn, and ticketed items can be returned within 30 days of purchase for an exchange or Rumble store credit only. Receipt or proof of purchase must accompany the return in order to process. All sale items and all accessories, including but not limited to gloves, wraps, and water bottles, are final sale unless otherwise stated.

Private Training

Private Training sessions are only refundable if cancelled by calling the applicable studio no later than 5 p.m. local time on the day prior to your session.

Private Events & Bag Blocks

Event & bag block fees are due and payable at the time of booking and are non-refundable. All attendees must agree to these Terms and Conditions prior to attending the event. Any third party vendor that Rumble may permit you to bring into a Rumble studio as part of a private event must include Rumble as an additional insured to such party’s general liability insurance as a condition to the grant of such permission.

WAIVER AND RELEASE

By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment, including the use of infrared sauna facilities at certain of the Rumble locations (individually and/or collectively, the "Classes and Facilities") of Rumble and its subsidiaries, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in boxing, exercise equipment and infrared sauna use in association with the Classes and Facilities. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff. If in the subjective opinion of the Rumble staff, you would be at physical risk participating in Rumble's Classes (including use of the infrared saunas where offered at certain Rumble locations), you understand and agree that you may be denied access to the Classes and Facilities until you furnish Rumble with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Rumble's concerns and stating that Rumble's concerns are unfounded. In consideration of being allowed to participate in and access the Classes and Facilities (including use of the infrared saunas where offered at certain Rumble locations), you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facilities, (2) release, indemnify, and hold harmless Rumble, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of Rumble's Classes and Facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using Rumble's Classes and Facilities, and should not be participating in any Classes. If you are on any medications, you should consult your doctor regarding your ability to use Rumble’s infrared saunas. It is recommended that you talk to your doctor before using Rumble’s infrared sauna.

VALUABLES AND PERSONAL PROPERTY: Clients acknowledge that they have been urged to avoid bringing valuables into and unto the Facilities and that Rumble shall not be liable for the loss of, theft of, or damage to personal property, including items left in lockers, bathrooms, studios, or anywhere else in the Facilities. Clients acknowledge that no portion of any fees paid by them is in consideration for the safeguarding of valuables.


ETIQUETTE: To preserve the Rumble integrity, Clients agree to abide by Rumble’s etiquette guidelines found on Rumble studio walls and on the Website and App. Rumble reserves the right to deny access to any person Rumble deems to be acting in an inappropriate or unsafe manner.

LINKS/THIRD PARTY WEBSITES

Rumble has not reviewed all the sites linked to the Website and App, and is not responsible for the content or any off-site pages or other linked sites. Although a third-party website or app may contain the Rumble logo, please understand that it is independent from Rumble, and that Rumble has no control over the content of that website and/or app.

Going to third party or off-site websites or apps from the Website or App is at your own risk. These links do not imply endorsement of, sponsorship of, or affiliation with Rumble.

INTELLECTUAL PROPERTY RIGHTS

The trademarks and trade dress of Rumble are proprietary to Rumble and may not be used by you for any reasons other than as expressly permitted by these terms. All Website and App content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, Rumble. You have the right to view, electronically copy, and print in hard copy portions of the Website and App for the sole purpose of making class reservations, purchases, or other personal use.

Any other use of materials on the Website or App, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Rumble, is strictly prohibited.

You acknowledge that Rumble and/or third-party content providers remain the owners of all Website and App materials, and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms and Conditions. Rumble may discontinue or remove the Website or App, or any portion thereof, or discontinue your right to use the Website or App, or any portion thereof, at any time.

As between you and Rumble, you own all content that you submit to Rumble. You grant Rumble and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called "moral rights" in your content. You further grant all users of Rumble’s services permission to view your content for their personal, non-commercial purposes.

In participating in Rumble's classes, you may be photographed, videoed or otherwise recorded by Rumble or third parties authorized by Rumble in its or such third parties producing of content which among other things Rumble or such third parties may use to advertise, report upon, market and/or promote Rumble and its services. You hereby consent to such usage of your imagery for all and any such purpose by Rumble and such third parties and hereby agree that Rumble and such third parties without any payment to you shall in all cases be the sole owner of all intellectual and other proprietary rights therein without any restriction whatsoever.

NOT AUTHORIZED TO PERFORM DATA MINING

You are not authorized without the prior written permission of Rumble to use any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Website or App or accessed through this Website or App. You also may not engage in the mass downloading of files from this Website and App; use the computer processing power of this Website and App for purposes other than those permitted above; flood this site with electronic traffic designed to slow or stop its operation; or establish links to or from other websites or apps to this Website and App.

NOT AUTHORIZED TO USE THIS WEBSITE FOR COMMERCIAL PURPOSES

Users are not authorized to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or second-hand works based on any of Rumble's material in any way for any public or commercial purpose. Thus, you are not authorized to (i) resell or make commercial use of this site or its contents; (ii) collect or use any product listings, descriptions, photographs or prices displayed on this Website or App in connection with the sale or resale of any Rumble products or for other commercial purposes; or (iii) create, reproduce and/or distribute any materials derived from the content provided on this Website or App. Furthermore, Rumble's material may not be displayed or communicated on any other website and/or app, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms, your permission to use Rumble's material will automatically terminate and any copies made of Rumble's material must be immediately destroyed.

Any unauthorized use of Rumble's material may violate state and federal criminal laws, infringe copyright laws, trademark laws, the laws of privacy or publicity, and communication regulations and statutes.

 

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

In no event will Rumble be liable for any direct, indirect, special, or other consequential damages resulting from your use of the Website or App, or on any other linked/third-party website and/or app, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling systems or otherwise, including any claims waived by you previously in this agreement even if Rumble expressly advised of the possibility of such damage.

All information is provided by Rumble on an "as is" basis only. Rumble provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.

CHOICE OF LAW

The Website and App, and your use hereof, is governed by the laws of the State of New York, without regard to New York's choice of law provisions. Any claim arising out of your use of this Website and App must be brought in New York.

POLICY CHANGES

Occasional changes may be made to this document as new services and content are added to the Website and App to reflect changes in Rumble's policies. The Terms and Conditions may be revised at any time by updating this posting. By using the Website or App, you agree to be bound by any such revisions. Users of the Website and App are encouraged to check this document periodically to stay informed of current privacy guidelines.

ACCEPTANCE OF TERMS

By using the Website or App, you signify your acceptance of the Terms and Conditions. If you do not agree to this, please refrain from using the Website and App. Your continued use of the Website and App following the posting of changes to these terms will indicate your acceptance of those changes.