Terms and conditions

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.

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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.

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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).

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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.

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
Email: info@hotworx.net
Phone: (504) 361-5550

HOTWORX Franchising, LLC (“HOTWORX”) reaches out to social media users to seek their permission to feature our favorite content on our various sites, social channels, and various promotional materials. You are reading this because HOTWORX has requested your permission to use your social media content in this way.

If you choose to allow us to use or share any content from your social media content, including any photograph, video, film, recording, audio or other digital form or media (“User Content”) by replying with the hashtag # HOTWORX, you agree to these Terms of Use.  For the purposes of these Terms of Use, “share” means any of the following: posting a Photo to a social media page run by HOTWORX or any independently owned HOTWORX franchise studio; tagging a Photo on my own social media page with the social media handle of HOTWORX or that of any independently owned HOTWORX franchise studio; or associating a hashtag of the HOTWORX mark (e.g. #HOTWORX) with a Photo posted on my own social media page.

HOTWORX engages a limited number of service providers to facilitate the collection and transmission to the HOTWORX websites (www.hotworx.net and others)(the“Site”), social media channels, promotional materials and other media (“HOTWORX Media”) of User Content, including photos, text, graphics, audio, video, location information, comments and other materials from social media sites, for use by HOTWORX in connection with its business, including HOTWORX’s product feature, marketing, promotional, advertising and other consumer-related activities (the “HOTWORX Services”).

HOTWORX reserves the right to alter these Terms of Use without advance notice by posting a revised Terms of Use. Accordingly, you should review the Terms of Use each time you grant permission or authorization to feature your User Content.

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USER CONTENT LICENSE

You hereby grant to HOTWORX and its related companies, agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates as well as independently owned franchise studios (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your User Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever. You further agree to waive any right to inspect or approve any changes to User Content and/or the finished product wherein it appears.  This authorization extends to all languages, media, formats, and markets now known or hereafter devised.

You grant the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your User Content.

You hereby agree and represent and warrant that (i) you are solely responsible for your User Content, (ii) you own all rights in and to your User Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such User Content, (iii) you are not a minor, (iv) the Licensed Parties’ use of your User Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation, and (v) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.

You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Content.

The User Content that you submit is deemed non-confidential and the Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to the Licensed Parties’ respective privacy policies. By using this Site or the Services, you are consenting to the Licensed Parties’ collection of any personal information you provide for the Licensed Parties’ use and disclosure in connection with the use of your User Content as described herein. If you do not agree to the collection, use and disclosure of your personal information in this way, please do not use this Site or the HOTWORX Services or otherwise provide the Licensed Parties with personal information. Your personal information may be transferred to servers located outside the country in which you live or to third parties in other countries so that they may process personal information on the Licensed Parties behalf. By using the Site or the HOTWORX Services or otherwise providing the Licensed Parties with personal information, you agree to the foregoing collection, use, disclosure, transfer and processing of your information in accordance with the terms of these Terms, the Privacy Policy and applicable data protection laws and regulations.

The Licensed Parties reserve the right to remove any User Content from the Site and the HOTWORX Media. If you believe any content, including User Content, residing on the Site or on the HOTWORX Media or displayed or used in connection with the HOTWORX Services infringes any person’s or entity’s copyright rights, please contact marketing@hotworx.net.

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ADDITIONAL TERMS

These Terms of Use apply to the entire Site, the HOTWORX Media and HOTWORX Services and to your User Content unless otherwise provided. In addition, to the extent your User Content is displayed on the Site or on any of the HOTWORX Media or in connection with the HOTWORX Services, you also will be subject to additional terms of use, agreements, guidelines or rules provided by HOTWORX applicable to such HOTWORX Services and User Content, including but not limited to those set forth on the HOTWORX website at https://www.hotworx.net and you hereby agree to be bound by such additional terms of use or service, agreements, guidelines, instructions or rules provided or posted by HOTWORX (the “HOTWORX Terms”).

You certify that you are at least 18 years of age.

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INTELLECTUAL PROPERTY RIGHTS

The Site, HOTWORX Services or HOTWORX Properties may be protected by copyright, trademark and other intellectual property laws. You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of HOTWORX by authorizing use of your User Content or otherwise using or accessing the Site, the HOTWORX Services or the HOTWORX Media.

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MISCELLANEOUS

These Terms of Use are personal to you and may not be assigned or transferred by you for any reason whatsoever without HOTWORX’s prior written consent; and any action or conduct in violation of the foregoing shall be void and without effect.

You agree that if HOTWORX does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which HOTWORX has the benefit of under any applicable law), this will not be taken to be a formal waiver of HOTWORX’s rights and that those rights or remedies will still be available to HOTWORX.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Use are invalid, then that provision will be removed without affecting the rest of the Terms of Use. The remaining provisions of these Terms of Use will continue to be valid and enforceable.