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.

TABLE  OF CONTENTS

  1. Acceptance of These Terms of Use
  2. Your Acceptance of Our Privacy Policy
  3. Prohibited Activities & Visitor Obligations
  4. Trademarks and Copyright
  5. Disclaimer of Warranties
  6. Limitation of Liability
  7. Links to Third Party Websites
  8. Submissions
  9. Indemnity
  10. Governing Law, Jurisdiction and Venue
  11. Modification of Terms
  12. Entire Agreement
  13. General Provisions
  14. Contact

1. Acceptance of These Terms of Use.
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 of 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.

2. Acceptance of Privacy Policy.
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.

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 sold 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 LIABLITY, 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.
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.

8. Submissions.
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.

9. Indemnity.
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.

10. Governing Law, Jurisdiction and Venue.
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.

11. Modification of Terms.
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.

12. Entire Agreement.
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.

13. General Provisions.
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.

14. Contact Us.
Any questions relating to the Site, other Online Services or these Terms of Use should be directed to:

HOTWORX Franchising, LLC
5161 Taravella Road
Marrero, LA 70072
Phone: (504) 361-5550

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