These Terms of Use (hereinafter, these “Terms”) are a legal contract between Legends Boxing, LLC, (hereinafter, “Legends Boxing”, “us”, “our” or “we”) and you, and set forth the terms and conditions which govern your use of any Legends Boxing-operated websites (hereinafter, the “Sites”), the text, data, information, software, graphics, videos, photographs and other materials (collectively referred to as “Materials”) available on the Sites, the services offered on or through the Sites (hereinafter, the “Services”), and any software that we provide for installation and use on a mobile or streaming device that permits you to access and use the Services and (each a “Legends Boxing Application” and, collectively with the Sites and Services, the “Legends Boxing Platform”).
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING AND USING THE LEGENDS BOXING PLATFORM. BY USING ANY PART OF THE LEGENDS BOXING PLATFORM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE LEGENDS BOXING PLATFORM OR ANY MATERIALS AND MUST IMMEDIATELY CEASE SUCH USE. LEGENDS BOXING MAY MODIFY THESE TERMS AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON NOTICE, WHICH WILL BE ACCOMPLISHED BY POSTING THE MODIFIED TERMS ON THE SITES. IF YOU DO NOT AGREE TO CHANGES IN THESE TERMS, THEN YOU MUST CEASE ALL USE OF THE LEGENDS BOXING PLATFORM. YOUR USE OF THE LEGENDS BOXING PLATFORM FOLLOWING SUCH NOTICE SHALL BE DEEMED YOUR ACCEPTANCE OF SUCH CHANGES. IF WE REQUEST, YOU AGREE TO SIGN A NON-ELECTRONIC VERSION OF THESE TERMS.
THE INFORMATION, CONTENT AND OTHER MATERIALS POSTED ON OR ACCESSIBLE THROUGH THE LEGENDS BOXING PLATFORM ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. LEGENDS BOXING DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE LEGENDS BOXING PLATFORM. RELIANCE ON ANY INFORMATION PROVIDED BY LEGENDS BOXING, ITS AFFILIATED COMPANIES, CONTRIBUTORS TO, OR OTHER USERS OF THE LEGENDS BOXING PLATFORM IS SOLELY AT YOUR OWN RISK.
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTHCARE PRACTITIONER BEFORE STARTING ANY EXERCISE PROGRAM. THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, ARE PREGNANT, OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE LEGENDS BOXING PLATFORM.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH LEGENDS BOXING. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
By using the Legends Boxing Platform, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a “Minor”), that you are using the Legends Boxing Platform with the consent of your parent or legal guardian who has agreed to these Terms. If you are a parent or legal guardian agreeing to these Terms for the benefit of a Minor, you are fully responsible for reviewing these Terms with the Minor, ensuring the Minor understands these Terms, and for the Minor’s use of the Legends Boxing Platform, including all legal liability he or she may incur. If you are not at least 13 years old, you may not use the Legends Boxing Platform.
In these Terms we are granting you a limited, personal, non-exclusive and non-transferable license to access the Sites, use the Services, and display the Materials; your right to use the Materials is conditioned on your compliance with these Terms. You have no other rights in the Sites, Services or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit the Sites, the Services or any of the Materials in any manner. If you make copies of any of the Materials then we ask that you be sure to keep on the copies all of our copyright and other proprietary notices as they appear on the Sites.
Unfortunately, if you breach any of the terms of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials (and any copies thereof).
We distribute Legends Boxing Applications that permit users to sign up for classes, purchase class passes, view information about our franchisees’ facilities, and access and use certain of the Services and Materials via mobile devices. To use a Legends Boxing Application, you must have a mobile device that is compatible with it. We do not warrant that any of the Legends Boxing Applications will be compatible with your mobile device. We hereby grant you a limited, non-exclusive, non-transferable, revocable license to download and use object code copies of the Legends Boxing Application on mobile devices owned or leased by you, solely for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Legends Boxing Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Legends Boxing Application to any third-party or use the Legends Boxing Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Legends Boxing Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Legends Boxing Application, features that prevent or restrict use or copying of any content accessible through the Legends Boxing Application, or features that enforce limitations on use of the Legends Boxing Application; or (v) delete the copyright and other proprietary rights notices on the Legends Boxing Application. You acknowledge that we may from time to time release upgraded versions of the Legends Boxing Application, and may automatically electronically upgrade the version of the Legends Boxing Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Legends Boxing Application or any copy thereof, and we and our third-party licensors or suppliers retain all right, title, and interest in and to the Legends Boxing Application (and any copy of the Legends Boxing Application). Standard carrier data charges may apply to your use of the Legends Boxing Applications.
The following additional terms and conditions apply with respect to any Legends Boxing Application that we provide to you designed for use on tvOS or an Apple iOS-powered mobile device (an “Apple App”):
The following additional terms and conditions apply with respect to any Legends Boxing Application that we provide to you designed for use on Android-powered mobile devices or with Roku, Amazon Fire TV, and Android TV:
How we use geolocation data. If you use our App, we may request permission to know your location so that we can better provide you with location-specific information (such as a Legends Boxing studio nearby, studio hours, class schedules, etc.). If you consent to and permit the geolocating request, then the App will use the technology services tied to your mobile device (like GPS, Blutooth, your device identifier, your IP address, cell tower locations) to collect and use real-time data to locate your precise geographical location in the world. We maintain location data records for as long as necessary to deliver the services that you have requested. You can update geolocation settings in your mobile device to always be running in the background, or you can disable them, either for one app in particular or for all of them.
As further described below, your use of certain Legends Boxing Applications may require you to create an account with Legends Boxing’s third-party service providers.
Third Party Mobile Applications.Please note that our third-party provider, eGym, provides mobile applications that bear Legends Boxing’s logos and provide users with the ability to view content, purchase memberships and book classes at our franchisee’s gyms (“Partner Apps”). While such apps display our logos and may provide access to Legends Boxing content, your use of Partner Apps is subject to eGym’s terms of use. Please review the eGym terms of use before using any Partner App.
Geo-Location Terms.The Legends Boxing Applications include and make use of certain functionality and services provided by third parties that allow Legends Boxing to provide maps, geocoding, places and other content. If the Legends Boxing Application you install includes geolocation services from Google, Inc. (“Google”), use of such geolocation Services is subject to Google’s then current Terms of Use for Google Maps/Google Earth (http://www.google.com/intl/en_us/help/terms_maps.html) and by using such services, you are agreeing to be bound by Google’s Terms of Use.
Accounts, Passwords and Security.You need not register with Legends Boxing to simply visit and view the Sites. However, you may be required to create an account with one of Legends Boxing’s third party service providers ClubReady or eGym before you are permitted to access and use certain Services or functionality on the Sites or Legends Boxing Applications. Such accounts, and the use of any information you provide to ClubReady and/or eGym are governed by such third party’s terms of use and privacy policies and not these terms. Please review ClubReady’s and eGym’s terms and privacy policies (as applicable) before creating an account or purchasing such Services.
You are responsible for maintaining the confidentiality of your account password and/or any Third-Party Site (as defined below) password that you use to login to the Legends Boxing Platform (collectively, “Passwords”), and you are responsible for all activities that occur using your Passwords. You agree not to share your Passwords, let others access or use your Passwords or do anything else that might jeopardize the security of your Passwords. You agree to notify Legends Boxing if any of your Passwords is lost, stolen, if you are aware of any unauthorized use of your Passwords or if you know of any other breach of security in relation to the Legends Boxing Platform.
All the information that you provide when registering for an account and otherwise through the Legends Boxing Platform must be accurate, complete and up to date.
Subscriptions.Certain Services and Materials available through the Legends Boxing Applications are purchased on a subscription basis (each a “Subscription”). Each Subscription and the rights and privileges provided to subscribers are personal and non-transferable. All sales and payments of Subscription fees will be in in the currency indicated when you subscribe.
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YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY GOING TO YOUR ACCOUNT SETTINGS PAGE AND SELECTING TO CANCEL OR BY SUBMITTING YOUR CANCELLATION REQUEST TO US AT https://legendsboxing.com/contact/support.
Purchasing Products.You may be permitted to purchase exercise equipment and other products through the Legends Boxing Platform storefront (“Products”). ...[The remainder of this section remains the same, with Mayweather changed to Legends Boxing where it appears].
Prohibited Activities.To be clear, we authorize your use of the Legends Boxing Platform only for personal use (“Permitted Purpose”). Any other use of the Legends Boxing Platform beyond the Permitted Purpose is prohibited and, therefore, constitutes unauthorized use of the Legends Boxing Platform. This is because as between you and Legends Boxing, all rights in the Legends Boxing Platform and Materials remain our property. ...[The remainder of this section remains the same, with Mayweather changed to Legends Boxing where it appears].
Forums and Comments.Legends Boxing may allow posting of comments and/or provide chat functionality on the Legends Boxing Platform. Information and content posted within these public forums may be provided by Legends Boxing staff, Legends Boxing’s outside contributors, or by users not connected with Legends Boxing, some of whom may employ anonymous user names. Legends Boxing expressly disclaims all responsibility and endorsement, and makes no representation as to the validity, for and of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these posted comments. The opinions expressed in these comments are solely the opinions of the participants, and do not reflect the opinions of Legends Boxing or any of its subsidiaries or affiliates.
Links to Third-Party Sites.We provide links from the Legends Boxing Platform to third-party websites (“Third-Party Sites”), including, but not limited to, links to third party sites operated by third parties who manage sales of studio memberships and class bookings for Legends Boxing and our franchisees. In certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on a Legends Boxing Site. If you use these links, you will leave the Legends Boxing Platform. Legends Boxing provides these links to you as a convenience, and we do not verify, make any representations, or take responsibility for these Third-Party Sites...
Similarly, the Legends Boxing Platform includes web pages from which you may obtain information about Legends Boxing studios operated by independent franchisees (“Franchisee Sites”). Unless specifically stated on the Legends Boxing Platform, we do not endorse or make any representations about any services that may be offered at franchisee-owned studios. Some Franchisee Sites may provide links that permit you to enroll in memberships to use the franchisee’s facilities. The terms of such membership are between you and the applicable franchisee and not between you and Legends Boxing. Please carefully review them before enrolling in a membership.
YOU AGREE THAT LEGENDS BOXING WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES, OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITE...
Orders and Payments.You agree to pay any fees applicable to your use of the Legends Boxing Platform, including but not limited to fees and charges applicable to your purchases. We may suspend or terminate your access to the Legends Boxing Platform and/or Materials if your offered payment method (e.g., credit card) cannot be processed. By providing a payment method, you expressly authorize us and/or our third party payment processor to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto, all of which depend on the services you utilize and the products you purchase. You agree that we may charge any unpaid amounts to your provided payment method and/or send you a bill for such unpaid fees.
Electronic Communications.By using the Legends Boxing Platform and/or the Materials, you consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Legends Boxing Platform and Materials...
Privacy Policy.We respect the information that you provide to us, and want to be sure you fully understand exactly how we use that information. Please review our privacy policy – https://legendsboxing.com/privacy-policy/ – (the “Privacy Policy”), which further explains how Legends Boxing collects and uses the information that we obtain through users’ use of the Legends Boxing Platform.
Proprietary Rights.The trademarks, service marks, and logos of Legends Boxing (“Our Trademarks”) used and displayed on various parts of the Legends Boxing Platform are registered and unregistered trademarks or service marks of Legends Boxing. Other company, product, and service names located on the Legends Boxing Platform may be trademarks or service marks owned by others...
Reporting Violations of Your Copyrights or other Intellectual Property Rights....If you believe in good faith that materials hosted by Legends Boxing infringe your copyright, you, or your agent may send to Legends Boxing a notice requesting that the material be removed or access to it be blocked.
If you believe your copyright or other intellectual property right is being infringed by a user of the Legends Boxing Platform, please provide written notice to our agent for notice of claims of infringement:
Legal DepartmentLegends Boxing, LLCinfo@legendsboxing.com
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Disclaimer of Warranties.Your use of the Legends Boxing Platform is at your own risk. The Materials may include inaccuracies or typographical or other errors. Legends Boxing does not warrant the accuracy or timeliness of the Materials contained on the Legends Boxing Platform and we have no liability for any errors or omissions in the Materials, whether provided by Legends Boxing, our licensors or suppliers, or other users.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LEGENDS BOXING, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITES, THE SERVICES, THE LEGENDS BOXING APPLICATIONS, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR CONTENT CONTAINED OR PRESENTED ON THE LEGENDS BOXING PLATFORM, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LEGENDS BOXING PLATFORM, MATERIALS AND ANY OTHER INFORMATION OR CONTENT CONTAINED OR PRESENTED ON OR THROUGH THE LEGENDS BOXING PLATFORM, IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY WHATSOEVER...
Limitation of Liability.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER LEGENDS BOXING NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (I) THE USE OF OR INABILITY TO USE THE LEGENDS BOXING PLATFORM OR MATERIALS... (VII) YOUR PARTICIPATION IN ANY WORKOUT OR FITNESS CLASS PROVIDED OR MADE AVAILABLE THROUGH THE LEGENDS BOXING PLATFORM, INCLUDING, WITHOUT LIMITATION, YOUR PARTICIPATION IN SUCH WORKOUT OR FITNESS CLASS, PROGRAM OR ACTIVITY AT A LEGENDS BOXING STUDIO, AT YOUR HOME OR IN ANY OTHER LOCATION; OR (VII) ANY OTHER MATTER RELATING TO THE LEGENDS BOXING PLATFORM. IN NO EVENT SHALL LEGENDS BOXING’S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY THE LEGENDS BOXING PLATFORM AND MATERIALS.
Professional Advice Disclaimer.THE LEGENDS BOXING PLATFORM AND MATERIALS OFFER HEALTH, FITNESS AND NUTRITIONAL INFORMATION AND ARE DESIGNED FOR EDUCATIONAL PURPOSES ONLY...
Fitness Class Participation WaiverYou acknowledge that participation in fitness classes (including online fitness classes) involves strength, flexibility, aerobic, cardio and other exercises, including the use of equipment, all of which can be potentially hazardous activities. You accept full responsibility over the location where you engage in fitness classes accessible via the Legends Boxing Platform (“Fitness Classes”), and you acknowledge that (i) Legends Boxing has no control over the location that you choose...
By participating in our Fitness Classes, you: ... (iv) knowingly and voluntarily, on behalf of yourself and your heirs and assigns, forever waive, release, discharge and hold harmless Legends Boxing and its subsidiaries and affiliates, and each of their respective officers, directors, employees, agents, representatives, and each of their respective successors and assigns, individually and collectively, from any and all liability, damages, losses, suits, demands, causes of action (including, without limitation, negligence) or other claims of any nature whatsoever, including, without limitation, any losses for property damage, personal injury, or death, arising out of or relating in any way to your participation in the Fitness Classes.
Non-Disparagement.You, on behalf of yourself, or itself, as applicable, and your affiliates, owners, officers, directors, employees, members and partners, successors and assigns (collectively, “Releasors”), expressly warrant, represent and agree that Releasors shall refrain from disparaging or defaming us, the Legends Boxing Platform, and/or the Trademarks, in any manner including, without limitation, making any statement, oral or written, which portrays any or all in an unfavorable light or subjects any thereof to scorn, obloquy or ridicule; provided that the foregoing shall not be construed as prohibiting any honest reviews or assessments of us or the Legends Boxing Platform that do not contain confidential or private information and are not libelous, harassing, abusive, obscene, vulgar, sexually explicit, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic.
Indemnification.You agree to indemnify, defend, and hold Legends Boxing and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees and disbursements) which arise directly or indirectly out of or from (i) your breach of these Terms, and (ii) your access or use of the Legends Boxing Platform. This Section shall survive in the event these Terms are terminated for any reason.
Jurisdictional Issues.Legends Boxing controls and operates the Legends Boxing Platform from the United States of America and makes no representation or warranty that the Legends Boxing Platform or Materials are appropriate or available for use in locations outside the United States...
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Termination.These Terms shall remain effective until terminated in accordance with their terms and conditions. You agree that Legends Boxing, in its sole discretion, may terminate your use of the Legends Boxing Platform or Materials (in whole or in part), and remove and discard any content from the Legends Boxing Platform, at any time and for any reason. You agree that any actions taken under this Section may be effective without prior notice to you. In the event that Legends Boxing exercises this right to terminate for convenience rather than as a result of your violation of these Terms, Legends Boxing will refund on a pro rata basis any unused portion of your subscription price for the time period of any unused subscription.
Dispute Resolution and Arbitration; Class Action Waiver....For purposes of this Provision, “Legends Boxing” means Legends Boxing, LLC and its parents, subsidiaries, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Legends Boxing regarding, arising out of or relating to any aspect of your relationship with Legends Boxing...
YOU AND LEGENDS BOXING EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution: For all Disputes, whether pursued in court or arbitration, you must first give Legends Boxing an opportunity to resolve the Dispute. You must commence this process by mailing written notification to Legends Boxing, LLC, 80 N 850 E, Lehi, UT 84043. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If Legends Boxing does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out: ...YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”). You may opt out of this Provision by mailing written notification to Legends Boxing, LLC, 80 N 850 E, Lehi, UT 84043. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Legends Boxing through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with Legends Boxing.
General Information And Choice Of Law And Venue....Except for Disputes subject to arbitration as described above, any disputes relating to these Terms, the Legends Boxing Platform, or the Materials will be heard in the federal or state courts located in [INSERT JURISDICTION, E.G., Salt Lake City, Utah].
California Consumer Notice.Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Legends Boxing Platform is provided by Legends Boxing, LLC, 80 N 850 E, Lehi, UT 84043. If you have a question or complaint regarding the Legends Boxing Platform, please contact Customer Service at info@legendsboxing.com. You may also contact us by writing Legends Boxing, LLC, 80 N 850 E, Lehi, UT 84043, Attn.: Customer Service.
Contact Us.If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at Legends Boxing, LLC, 80 N 850 E, Lehi, UT 84043, Attn: Legal Department, or by email at legal@legendsboxing.com.
