Welcome to the website (“Site”), which is owned by HOTWORX Franchising, LLC (“HOTWORX”). These terms of use govern your use of the Site, the HOTWORX App, including HOTWORX’s blog and HOTWORX’s social media pages, or any of our online services (collectively “Online Services”). Please carefully read these Terms of Use, including our Privacy Policy, before using the Site and other Online Services.
These Terms of Use apply to your access and use of the Site and other Online Services. By using the Site and other Online Services you agree to be bound by the Terms of Use as set forth below. If you do not agree to these Terms of Use or the Privacy Policy, you must immediately discontinue use of HOTWORX’s Site and other Online Services. If you breach any of these Terms of Use, your authorization to use the Site and other Online Services automatically terminates and you must immediately discontinue use of the Site and other Online Services.
By agreeing to these Terms of Use, you agree to the terms of the Privacy Policy, which is located on this Site. All personal information provided to us as a result of your use of this Site and other Online Services will be handled in accordance with our Privacy Policy.
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:
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.
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.
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.
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).
The Site and other Online Services may contain links to third party websites. HOTWORX does not review or monitor the websites linked to the Site and other Online Services, and it is not responsible for the content, advertising, services, products or policies of any other web sites. Any link to a third party website does not constitute an endorsement of such website or create a relationship between HOTWORX and the operators of the third party website. HOTWORX shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of any content, advertising, services, products or other materials on or available from third party websites. Your use of third party websites is governed by the terms of use of such website and are not subject to these Terms of Use.
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.
You agree to indemnity and hold HOTWORX, its subsidiaries, affiliates, successors and assigns and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, expenses, costs, demand, including reasonable attorneys’ fees, penalties, or interest, made by any third party due to or arising out of your use of this Site or other Online Services in violation of these Terms of Use, arising from a breach of these Terms of Use, your breach of any your representations or warranties made under these Terms of Use, and/or if any material that you Post using this Site or other Online Services that causes us to be liable to another.
These Terms of Use will be governed by the laws of the State of Louisiana without giving effect to any principles or conflicts of law. All actions or proceedings arising out of or relating to these Terms of Use will be filed exclusively in the 24th Judicial District Court for the Parish of Jefferson, State of Louisiana or the U.S. District Court for the Eastern District of Louisiana. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. HOTWORX, however, retains the right to bring legal proceedings in any jurisdiction where infringement of these Terms of Use is taking place or originating.
HOTWORX may revise these Terms of Use at any time without notice. Any use of the Site or other Online Services following the date on which changes to these Terms of Use or the Privacy Policy are published on the Site and/or other Online Services shall constitute your acceptance of such changes. You expressly agree that HOTWORX is not obligated to provide you with any notice of any changes, and you hereby waive any right you may have to receive notice of any change to These Terms of Use or the Privacy Policy. If at any time you choose not to accept these Terms of Use, you should not use this Site or other Online Services.
These Terms of Use (together with our Privacy Policy) contain the entire agreement and understanding between you and HOTWORX with respect to the Site and other Online Services and supersede all previous communications, negotiations, and agreements, whether oral, written or electronic, between you and HOTWORX with respect to the Site, other Online Services, and your use of thereof.
English has been used in the preparation of these Terms of Use, and English shall be the controlling language with respect to these Terms of Use and their interpretation. Any failure by HOTWORX to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or the right to enforce any term herein. If any portion of these Terms of Use is held to be invalid, that provision is deemed severable from these Terms of Use and will not invalidate the other provisions of these Terms of Use.
If there are any questions regarding these terms, you may contact us using the information below.
HOTWORX Franchising, LLC
Attn: Legal Department
5145 Taravella Road
Marrero, LA 70072
Telephone: (855) 504-4899
Each of our franchise locations are independently owned and operated. Questions or complaints about individual HOTWORX studios should be directed to the specific studio in question. Please visit HOTWORX.net/contact-us.
When you provide content created by You (“User-Generated Content”) to us through the Online Services, including but not limited to by providing content by tagging HOTWORX Social Media in any photo, video or similar content posted to Your own page, tagging the social media accounts of any independently owned franchise studio in a photo, video, or similar content posted on Your own page, posting a photo, video, or similar content on HOTWORX Social Media, posting a photo, video, or similar content on the social media accounts of any independently owned franchise studio, or associating the #HOTWORX with any photos, videos, or similar content you post on other social media pages or accounts, You grant us a perpetual, non-exclusive, irrevocable, royalty-free, freely transferable, sublicensable, worldwide right and license to use, host, store, cache, copy, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt, reformat, reorganize, translate, excerpt, exploit (commercially or otherwise), create derivative works of, and otherwise process, in all media and distribution methods now known or later developed, such User-Generated Content in connection with any and all Online Services. You acknowledge and agree that: (a) we have the right to arrange the posting of User-Generated Content in any way we desire; (b) we have no obligation to provide You with any credit when using your User-Generated Content; and (c) You are not entitled to any compensation, royalties, commissions, other payment, or remuneration of any kind from us in connection with the use of Your User-Generated Content. We also reserve the right to remove, modify, or restrict your access to User-Generated Content for any reason and at any time.
Notwithstanding the above, we will not make use of any of your User-Generated Content from the Site or the App in a manner that is inconsistent with our Privacy Policy.
You agree that You will respect the intellectual property rights of others. By providing User-Generated Content, You represent and warrant that You are the creator and owner of the User-Generated Content or that You otherwise have all the legal rights, permissions, and consents necessary to provide that User-Generated Content as contemplated by these Terms and to grant HOTWORX the foregoing license. You also represent and warrant that Your User-Generated Content and all other information provided to us does not infringe, misappropriate, or otherwise violate the intellectual property rights, privacy rights, or other proprietary rights of any third party.
On occasion, HOTWORX and/or its affiliates may reach out to You via Social Media or other channels to seek Your permission to feature (on our Online Services) our favorite User Generated Content that You do not share with us via the Online Services. If You choose to allow us to share Your User-Generated Content created outside of our Online Services or not shared with us through the Online Services, you agree to these Terms.
HOTWORX engages a limited number of service providers to facilitate the collection and transmission of User-Generated Content to the Site, Social Media, promotional materials and other media (“HOTWORX Media”), including photos, text, graphics, audio, video, location information, comments and other materials, for use by HOTWORX in connection with its business, including HOTWORX’s product feature, marketing, promotional, advertising and other consumer-related activities. By providing User-Generated Content as described above, You agree to Us sharing of Your data with these service providers.
You hereby expressly waive, release, discharge and agree to hold the Released Parties, its approved service providers, and any person acting on their behalf, harmless from any Claims arising out of or related in any way to their use of your User-Generated Content.
We reserve the right to remove any User-Generated Content from the Online Services and the HOTWORX Media. If you believe any content, including User-Generated Content, residing on the Online Services or on the HOTWORX Media or displayed or used by us infringes any person’s or entity’s copyright rights, please contact marketing@hotworx.net.
You must be at least 18 years of age to provide User-Generated Content to HOTWORX or its affiliates.
By opting in via the Site or other Online Services, You agree to receive text messages from HOTWORX to provide the information, products, services, and resources offered on our Site or through the App and other Online Services, including but not limited to text messages for marketing purposes.
The frequency that you will receive messages will vary based on the purpose and you response communication.
To stop receiving messages, you may unsubscribe at any time by replying with the keyword STOP.
Each of our franchise locations are independently owned and operated. Questions or complaints about individual HOTWORX studios should be directed to the specific studio in question. If you need assistance with the SMS program regarding communication from a specific HOTWORX studio, please visit HOTWORX.net/contact-us. If you need assistance with the SMS program regarding the opportunity to become a HOTWORX Franchisee, please contact the Recruitment Department at (855) 504-4899.
Please note that carriers are not responsible for delayed or undelivered messages.
Standard message and data rates may apply for messages sent to and received from us. For questions about your text or data plan, please contact your wireless provider.
Information provided will be handled in accordance with our Privacy Policy.