MEMBERSHIP TERMS AND CONDITIONS

http://www.FitnessAtYourHome.com and its affiliates, subsidiaries and parent companies

(collectively, “FitnessAtYourHome”, “us”, “we” or “our”) are pleased to provide you with

access to and use of our websites, mobile and device applications, content, streaming services,

products, services, goods, equipment, equipment interfaces, promotions, software, technology

and any other materials (collectively, “FitnessAtYourHome Services”) that we may provide.

PLEASE READ CAREFULLY: THESE TERMS AND CONDITIONS CONTAIN A

BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 9)

WHICH AFFECT YOUR RIGHTS RELATED TO DISPUTES YOU MAY HAVE WITH

FITNESSATYOURHOME. EXCEPT WHERE PROHIBITED BY LAW AND AS SET

FORTH IN SECTION 9, BY PURCHASING, ENGAGING WITH OR OTHERWISE

USING ANY FITNESSATYOURHOME SERVICES, YOU EXPRESSLY AGREE THAT

DISPUTES BETWEEN YOU AND FITNESSATYOURHOME WILL BE RESOLVED BY

BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT

TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-⁠WIDE

ARBITRATION. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS,

PLEASE IMMEDIATELY CEASE USE OF ANY FITNESSATYOURHOME SERVICES.

THE FITNESSATYOURHOME SERVICES ARE NOT INTENDED FOR ANYONE UNDER

THE AGE OF 13. IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MAY ONLY ACCESS

AND/OR USE ANY FITNESSATYOURHOME SERVICES WITH THE INVOLVEMENT

AND APPROVAL OF YOUR PARENT OR GUARDIAN.

1. Contract Between You and FitnessAtYourHome; Privacy

Policy.

These Terms and Conditions of Use (“Terms”) and our Privacy Policy (available on the

homepage of our website) form a legally binding agreement between you and

FitnessAtYourHome, and govern your access and use, and our provision of, the

FitnessAtYourHome Services and any other technology, content, items or other materials

provided by or through FitnessAtYourHome, or otherwise on which these Terms are provided

(including via links). BY ACCESSING OR USING ANY FITNESSATYOURHOME

SERVICE, YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS (INCLUDING

WITHOUT LIMITATION SECTION 9 BELOW), OUR PRIVACY POLICY AND ANY

AMENDMENTS THERETO, AND YOU AGREE YOU ARE AT LEAST 13 YEARS OF AGE.

Supplemental terms and conditions may apply to certain FitnessAtYourHome Services, such as

rules for a particular contest, sweepstakes, competition, or other activity, or terms that may

accompany certain content, software or other materials accessible through the

FitnessAtYourHome Services, such as terms related to FitnessAtYourHome streaming services

(e.g., Codes of Conduct, etc.) (“Supplemental Terms”). Any Supplemental Terms will be

disclosed to you in connection with those other activities and will apply and govern specifically

over such activities.

2. Changes to These Terms.

We may in our sole and absolute discretion change these Terms or our Privacy Policy from time

to time to comply with laws or to meet our changing business requirements. These revisions shall

be effective for new users immediately upon being posted to the FitnessAtYourHome Services;

however, for existing customers, the applicable revisions shall be effective 30 days after posting

unless otherwise stated. If you do not agree with any of the changes, you must discontinue using

any and all FitnessAtYourHome Services. By continuing to use any FitnessAtYourHome

Services after the 30-day period referenced above in this Section, you expressly accept any

applicable changes. Please note our employees, customer service representatives, or other agents

are not authorized to modify any provision of these Terms, either verbally or in writing.

3. FitnessAtYourHome’s Intellectual Property; Limited

License to FitnessAtYourHome Services.

A. Ownership.

You acknowledge and agree that the FitnessAtYourHome Services, and any logos, names,

designs, text, graphics, software, content, files, materials, and any other intellectual property

rights contained therein, including without limitation any copyrights, patents, trademarks,

proprietary or other rights contained therein, related thereto, or otherwise arising therefrom are

owned by FitnessAtYourHome, LLC or its affiliates, subsidiaries, parent companies, licensors or

suppliers. Furthermore, you acknowledge and agree that the source and object code of certain

FitnessAtYourHome Services (such as our mobile applications and online tools) and the format,

directories, queries, algorithms, structure and organization of the same are the intellectual

property, proprietary and confidential information of FitnessAtYourHome and/or its affiliates,

licensors and suppliers. You expressly agree that you will do nothing inconsistent with

FitnessAtYourHome’s ownership of the FitnessAtYourHome Services, and that you gain no

rights, title, or interest in or to any FitnessAtYourHome Services or any goodwill associated

therewith, except as stated in these Terms or any executed written agreement between you and

FitnessAtYourHome. In addition, except as expressly set forth in these Terms, you are not

conveyed any right or license by implication, estoppel, or otherwise in or under any patent,

trademark, copyright, or other proprietary right of FitnessAtYourHome or any third party. Any

and all goodwill arising from your use of any FitnessAtYourHome Services shall inure solely to

the benefit of FitnessAtYourHome.

B. Limited License.

For any FitnessAtYourHome Services which enable you to use any software, content, or other

materials owned or licensed by us only after you become validly authorized by us, we grant you

a limited, revocable, non-exclusive, non-sublicensable, non-transferable license solely to access

and use the specific FitnessAtYourHome Services, and any related software, content, or other

materials FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY.

C. Restrictions.

You are prohibited from, and expressly agree that you will not: (i) circumvent or disable any

content protection system, digital rights management technology, user and/or country limitations

or any other technology used with any FitnessAtYourHome Services; (ii) decompile, reverse

engineer, disassemble or otherwise reduce any FitnessAtYourHome Services to a humanreadable

form; (iii) remove identification, warnings, disclaimers, disclosures, copyright or other

proprietary notices in or on the FitnessAtYourHome Services; (iv) access or use any

FitnessAtYourHome Services in an unlawful or unauthorized manner or in a manner that

suggests an association with our content, products, services or brands, unless you have an

executed agreement with us that allows for such activity; (v) use, alter, copy, modify, store, sell,

reproduce, distribute, republish, download, publicly perform, display, post, transmit, create

derivative works of, or exploit any FitnessAtYourHome Services or any part thereof, except as

expressly authorized in these Terms or as part of the FitnessAtYourHome Services provided to

you; (vi) introduce a virus or other harmful component, or otherwise tamper with, impair or

damage any FitnessAtYourHome Services or connected network, or interfere with any person or

entity’s use or enjoyment of any FitnessAtYourHome Services; (vii) access, monitor, or copy

any element of the FitnessAtYourHome Services using a robot, spider, scraper or other

automated means or manual process without our express written permission; or (viii) sell, resell,

or make commercial use of the FitnessAtYourHome Services, unless you have an executed

agreement with us that expressly allows for such activity. You may not access or use any

FitnessAtYourHome Service in violation of United States export control and economic sanctions

requirements. By accessing or otherwise using any services, content or software through any

FitnessAtYourHome Services, you represent and warrant that: (ix) your access to and use of the

FitnessAtYourHome Services, or any content or software therein, will comply with any and all

requirements in these Terms; (x) you are not located in a country that is subject to a U.S.

government embargo, or that has been designated by the U.S. government as a terrorist

supporting country, and that you are not listed on any U.S. government list of prohibited or

restricted parties; and (xi) you will comply with all applicable local, national, and international

laws, rules, regulations and ordinances in connection with your use of any FitnessAtYourHome

Services and our websites.

D. Third Party Services and Content.

Certain FitnessAtYourHome Services may integrate, be integrated into, or be provided in

connection with third-party websites, services, applications, tools, interfaces, content, and/or

materials (“Third-Party Services”). We do not review or control any Third-Party Services. We

additionally make no claim or representation regarding, and accept no responsibility for, the

quality, content, nature, or reliability of Third-Party Services accessible from our websites, apps,

software or any other element of the FitnessAtYourHome Services. There is no implied

affiliation, endorsement or adoption by FitnessAtYourHome of these Third-Party Services, and

we shall not be responsible for any content provided on or through these Third-Party Services.

You should read the terms of use and privacy policies that separately apply to these Third-Party

Services.

Certain opinions, advice, statements, or other information, including without limitation, food,

nutrition and exercise data, may be made available by third parties through or in connection with

the FitnessAtYourHome Services (“Third-Party Content”). This Third-Party Content belongs

to the respective authors or providers of the applicable Third-Party Content and these authors and

providers are solely responsible for the Third-Party Content they provide in connection with the

FitnessAtYourHome Services. FITNESSATYOURHOME DOES NOT: (I) GUARANTEE THE

ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT

ON ANY FITNESSATYOURHOME SERVICE; OR (II) ADOPT, ENDORSE OR ACCEPT

RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE

OR STATEMENT MADE BY A THIRD-PARTY AS PART OF ANY THIRD-PARTY

CONTENT. UNDER NO CIRCUMSTANCES WILL FITNESSATYOURHOME BE

RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE

ON THIRD-PARTY CONTENT POSTED ON THE FITNESSATYOURHOME SERVICES

OR TRANSMITTED TO OR BY ANY THIRD-PARTY IN CONNECTION WITH THE

FITNESSATYOURHOME SERVICES.

E. App Providers.

If you access any FitnessAtYourHome Service using an Apple iOS or other third-party device,

you acknowledge that each of those third-party companies, such as Apple Inc. (each, “App

Provider”), will not be responsible for any damages arising out of the failure of a

FitnessAtYourHome Service to operate as intended.

When accessing any FitnessAtYourHome Services by or through an App Provider, you

acknowledge and agree that: (i) these Terms are concluded between you and

FitnessAtYourHome, and not with the App Provider, and that we are solely responsible for any

FitnessAtYourHome Services (such as mobile applications), and not the App Provider; (ii) the

App Provider has no obligation to furnish any maintenance and support services with respect to

any FitnessAtYourHome Services; (iii) in the event of any failure of the FitnessAtYourHome

Services to conform to any applicable warranty: (a) you may notify the App Provider and the

App Provider will refund the purchase price for the FitnessAtYourHome Services to you (if

applicable); (b) to the maximum extent permitted by applicable law, the App Provider will have

no other warranty obligation whatsoever with respect to the FitnessAtYourHome Services; and

(c) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to

conform to any warranty will be our responsibility; (iv) the App Provider is not responsible for

addressing any claims you have or any claims of any third party relating to any

FitnessAtYourHome Services or your possession and use of the FitnessAtYourHome Services,

including without limitation: (d) product liability claims; (e) any claim that the

FitnessAtYourHome Service fails to conform to any applicable legal or regulatory requirement;

and (f) claims arising under consumer protection or similar legislation; (v) in the event of any

third party claim that the FitnessAtYourHome Service or your possession and use of the same

infringes that third party’s intellectual property rights, we will be responsible for the

investigation, defense, settlement and discharge of any such intellectual property infringement

claim to the extent required by these Terms; (vi) the App Provider and its subsidiaries, are third

party beneficiaries of these Terms as it relates to your license of the FitnessAtYourHome

Services, and that, upon your acceptance of these Terms, the App Provider will have the right

(and will be deemed to have accepted the right) to enforce these Terms against you as a third

party beneficiary thereof; and (vii) you must also comply with all applicable third party terms of

service when using the FitnessAtYourHome Services. As also mentioned in these Terms, you

represent and warrant that you are not located in a country that is subject to a U.S. government

embargo, or that has been designated by the U.S. government as a terrorist supporting country,

and that you are not listed on any U.S. government list of prohibited or restricted parties.

F. Disclaimer of Warranties.

YOU ACKNOWLEDGE AND AGREE THE FITNESSATYOURHOME SERVICES,

INCLUDING WITHOUT LIMITATION, ANY PRODUCTS, GOODS, SERVICES,

WEBSITES, APPLICATIONS, HEALTH, FITNESS, NUTRITION AND WELLNESS

CONTENT AND ADVICE, OR ANY OTHER INFORMATION PROVIDED THEREIN ARE

PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS, ERRORS AND

OMISSIONS, AND WITHOUT ANY PERFORMANCE ASSURANCES OR GUARANTEES

OF ANY KIND. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES,

CONDITIONS, AND REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE

FITNESSATYOURHOME SERVICES, INCLUDING WITHOUT LIMITATION ANY

IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR

PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, UPTIME,

ACCESSIBILITY, AND WARRANTIES ARISING FROM COURSE OF DEALING, USAGE

OR TRADE PRACTICE. WE MAKE NO GUARANTEE OR WARRANTY THAT THE

FITNESSATYOURHOME SERVICE WILL MEET YOUR REQUIREMENTS OR THAT

THEY WILL BE UNINTERRUPTED OR ERROR-FREE. WE FURTHER MAKE NO

GUARANTEE OR WARRANTY AS TO THE PARTICULAR HEALTH AND WELLNESS

GOALS, RESULTS, BENEFITS OR OUTCOMES THAT MAY BE ACHIEVED OR

OBTAINED THROUGH USE OF ANY FITNESSATYOURHOME SERVICES. YOU AGREE

TO USE THE FITNESSATYOURHOME SERVICES AT YOUR SOLE RISK.

YOU WILL NOT HOLD FITNESSATYOURHOME OR ITS THIRD-PARTY SERVICE

PROVIDERS, LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR

ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE

FITNESSATYOURHOME SERVICES, INCLUDING WITHOUT LIMITATION ANY LOSS

OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA, AS THE

FITNESSATYOURHOME SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR

OTHER LIMITATIONS.

YOU ACKNOWLEDGE THAT WE DO NOT CONTROL ANY ADVERTISEMENTS,

PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES

ON OR THROUGH OUR WEBSITES, INCLUDING WITHOUT LIMITATION,

INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO US FROM THIRD

PARTIES. CERTAIN WARRANTIES WITH RESPECT TO PARTICULAR

PRODUCTS/SERVICES ACCESSED FOR SALE THROUGH OUR WEBSITES MAY BE

AVAILABLE THROUGH MANUFACTURERS' WARRANTIES, THOUGH NOT

THROUGH FITNESSATYOURHOME; PLEASE READ THE WARRANTIES INCLUDED

IN THE DOCUMENTATION PROVIDED ALONG WITH THOSE PRODUCTS/SERVICES

FOR FURTHER DETAILS. EXCEPT AS OTHERWISE AGREED IN WRITING, WE

ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR

REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS,

RELIABILITY, OR USEFULNESS OF THIRD-PARTY CONTENT, THIRD-PARTY

SERVICES, OR THIRD-PARTY PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS)

DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH OUR

WEBSITES.

G. Mobile Networks; Texting.

When you access any FitnessAtYourHome Services through a mobile network, such as one of

our mobile applications, or you sign up for our text message programs, your network or roaming

provider’s messaging, data and other rates and fees may apply. Not all FitnessAtYourHome

Services may work with your network provider or device.

When you sign up to receive text messages from us, you acknowledge and agree you will receive

such text messages using an autodialer to the number you provide, and that your consent for us to

send you text messages is not a condition of purchasing any FitnessAtYourHome Services. Not

all carriers may be included within our text messaging programs. You are free to opt-out of

receiving text messages from us at any time. Please see any additional instructions provided to

you at the time you sign up.

4. Your Content and Account.

H. User Generated Content.

The FitnessAtYourHome Services may allow you and users of our websites to communicate,

submit, upload or otherwise make available text, reviews, stories, images, photos, audio, video,

media, chats, personally identifiable information (including health, wellness and nutritional

data), feedback about our products and services, testimonials, success stories, or other content

(“User Generated Content”). User Generated Content that you submit through any

FitnessAtYourHome account, or any other FitnessAtYourHome Services will be stored,

maintained and used by FitnessAtYourHome in accordance with our Privacy Policy. You

acknowledge certain types of User Generated Content that you submit, such as chats, photos,

reviews, and message board entries, may be accessed and viewed by the public.

You may not submit or upload User Generated Content that is illegal, infringing, false,

defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic,

negative or otherwise offensive or that harms or can reasonably be expected to harm any person

or entity, whether or not such material is protected by law, as determined by

FitnessAtYourHome in its sole and absolute discretion. We have the right, but not the obligation,

to monitor, screen, post, remove, modify, store and review User Generated Content or

communications you submit, at any time and for any or no reason, including to ensure that the

User Generated Content or communication conforms to these Terms, without prior notice to

you.

You represent and warrant that your User Generated Content conforms to these Terms and that

you own or have the necessary rights and permissions, without the need for payment to or

consent from any other person or entity, to use and exploit, and you fully and unconditionally

authorize us to use and exploit, your User Generated Content in all manners and mediums

(including commercial use) desired by FitnessAtYourHome, including as contemplated by these

Terms. You agree to indemnify and hold us and our affiliates, parent companies, and

subsidiaries, and each of their respective employees, officers, and directors harmless from any

demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any

third party arising out of or in connection with our use and exploitation of your User Generated

Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to

the User Generated Content against us or our licensees, distributors, agents, representatives and

other authorized users, and agree to procure the same agreement not to enforce from others who

may possess such rights. You waive any right to injunction or other equitable relief in connection

with FitnessAtYourHome’s use or exploitation of User Generated Content.

We will not be responsible or liable to any third party for any User Generated Content. We are

not responsible for, and do not endorse or guarantee, the opinions, views, advice or

recommendations posted or sent by other users of the FitnessAtYourHome Services, or any

authors, experts, celebrity trainers or otherwise. User Generated Content shall not state or reflect

the attitudes and opinions of FitnessAtYourHome, and any views and opinions expressed on our

websites shall not be attributed to or otherwise endorsed by FitnessAtYourHome.

I. License to Your User Generated Content.

We do not claim ownership to your User Generated Content; however, you grant us a perpetual,

fully paid-up, non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under

all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other

intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit,

distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative

works of, publicly perform, make available and otherwise exploit such User Generated Content,

in whole or in part, in any and all media and channels now known or hereafter devised (including

in connection with the FitnessAtYourHome Services and on third-party sites and platforms such

as Facebook, YouTube and Twitter), in any number of copies and without limit as to time,

manner and frequency of use, without further notice to you, with or without attribution, and

without the requirement of permission from or payment to you or any other person or entity. This

includes without limitation our use of your User Generated Content in connection with any

advertising, product packaging, printed publications, presentations, promotional materials, events

and associated marketing materials, television and digital commercials, videos, social media

websites, applications, or on our websites or in any other commercial manner. We are not,

however, obligated to use your User Generated Content.

To the extent that we authorize you to create, post, upload, distribute, publicly display or

publicly perform User Generated Content that requires the use of our copyrighted works, we

grant you a limited, non-transferable, non-exclusive license to create a derivative work using our

copyrighted works as required for the sole purpose of creating the materials, provided that such

license shall be conditioned upon your assignment to us of all rights in the work you create. If

such rights are not assigned to us, your license to create derivative works using our copyrighted

works shall be null and void.

J. Public Forums.

Certain FitnessAtYourHome Services include public forums, which include without limitation,

discussion forums, message boards, blogs, chat rooms or instant messaging features. You

acknowledge these public forums are for public and not private communications. You further

acknowledge that any User Generated Content you upload, submit, post, transmit, communicate,

share or exchange by means of any public forum may be viewed on the Internet by the general

public, and therefore, you have no expectation of privacy with regard to any such submission or

posting. You are, and shall remain, solely responsible for the User Generated Content you

upload, submit, post, transmit, communicate, share or exchange by means of any public forum

and for the consequences of submitting or posting same. You acknowledge and agree

FitnessAtYourHome is not responsible for any content posted on public forums by any third

parties, including without limitation any content which you may find illegal, infringing, false,

defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic,

negative, offensive or harmful.

K. User Conduct.

You must only use the FitnessAtYourHome Services for lawful purposes and in compliance with

any applicable Codes of Conduct, and you must not use them in a way that infringes the rights of

anyone else or that restricts or inhibits anyone else's enjoyment of any FitnessAtYourHome

Services. In using any FitnessAtYourHome Services, and in particular, our websites, you

expressly acknowledge you are prohibited from, and agree that you will not without our prior

express written consent:

i. copy, reproduce, or improperly use, post or access any content on the

FitnessAtYourHome Services;

ii. modify, distribute, or re-post any content on the FitnessAtYourHome Services for any

purpose;

iii. use the content on the FitnessAtYourHome Services for any commercial exploitation

whatsoever;

iv. disrupt or interfere with the security of, or otherwise abuse, the FitnessAtYourHome

Services, or any services, system resources, accounts, servers, or networks connected to

or accessible through the FitnessAtYourHome Services or affiliated or linked sites;

v. access content, data or portions of the FitnessAtYourHome Services which are not

intended for you, or log onto a server or account that you are not authorized to access;

vi. attempt to probe, scan, or test the vulnerability of the FitnessAtYourHome Services,

including websites, applications, or any associated system or network, or breach security

or authentication measures without proper authorization;

vii. access any FitnessAtYourHome Services or our websites through any automated means,

such as “robots,” “spiders,” or “offline readers”;

viii. interfere or attempt to interfere with the use of the FitnessAtYourHome Services by any

other user, host or network, including, without limitation by means of submitting a virus,

overloading, "flooding," "spamming," "mail bombing," or "crashing";

ix. use any data mining, “scraping”, web crawling, robots, or similar data gathering and

extraction methods on the FitnessAtYourHome Services;

x. harass, “stalk”, disrupt or interfere with any other user's enjoyment of the

FitnessAtYourHome Services or affiliated or linked sites;

xi. upload, post, or otherwise transmit through or on the FitnessAtYourHome Services any

viruses or other harmful, disruptive, or destructive files;

xii. use, frame, or utilize framing techniques to enclose any FitnessAtYourHome trademark,

logo, or other proprietary information (including the images found at our websites, the

content of any text, or the layout/design of any page or form contained on a page) without

FitnessAtYourHome's express written consent;

xiii. use meta tags or any other "hidden text" utilizing a FitnessAtYourHome name,

trademark, or product name without FitnessAtYourHome's express written consent;

xiv. deeplink to the FitnessAtYourHome Services, including our websites without

FitnessAtYourHome's express written consent;

xv. create or use a false identity on the FitnessAtYourHome Services, share your account

information, use another individual’s account information, or allow any person besides

yourself to use your account to access the FitnessAtYourHome Services;

xvi. harvest or otherwise collect information about FitnessAtYourHome users, including

email addresses and phone numbers;

xvii. download, “rip,” or otherwise attempt to obtain unauthorized access to any

FitnessAtYourHome Services, content or other materials; and

xviii. post any copyrighted material unless the copyright is owned by you.

L. Your Account; Passwords.

Certain FitnessAtYourHome Services permit or require you to create an account to enjoy the

services and benefits that we provide. You agree to provide and maintain accurate, current and

complete information for your accounts, including as applicable, your name, contact, and

payment information. You agree not to impersonate or misrepresent your affiliation with any

person or entity, including using another person’s username, password or other account

information, or another person’s name, image, photo or likeness, or if applicable, provide false

details for a parent or guardian. You agree that we may take steps to verify the accuracy of

information you provide.

We have adopted and implemented a policy that provides for the suspension or termination, in

appropriate circumstances and in our sole and absolute discretion, of the accounts of users who

violate these Terms, are repeat infringers of copyright, or engage in, encourage or advocate for

offensive, abusive, or illegal conduct.

You are responsible for maintaining the confidentiality of your username and password, and you

are responsible for all activities under your account that you can reasonably control. You may

not share your password or other login information with any person; any use of your account by

any person other than yourself is grounds for suspension or termination of your account. You

agree to promptly notify us of any unauthorized use of your username, password or other account

information, or of any other breach of security that you become aware of involving your account

or the FitnessAtYourHome Services. You agree not to use the account, username or password of

any other account holder at any time. FitnessAtYourHome will not be liable for any loss that you

incur as a result of someone else using your password, either with or without your knowledge.

M. Member Public Profiles.

When you create an account with us, you may be asked to provide certain personal information,

such as your name and e-mail address. Some of this information may be publicly viewable by

others, such as other FitnessAtYourHome members or account holders.

FitnessAtYourHome relies on its members to provide current and accurate information, and we

do not, and cannot, investigate information contained in member public profiles.

FitnessAtYourHome does not represent, warrant or guarantee the accuracy of public profile

information, and hereby disclaims all responsibility or liability for any information provided by

members by means of public profiles or otherwise.

You are solely responsible for your interactions with other members. You acknowledge and

agree that FitnessAtYourHome does not (i) screen its members; (ii) inquire into the backgrounds

of its members; or (iii) review or verify the statements of its members, including without

limitation, information or representations contained in public profiles. FitnessAtYourHome does

not warrant, endorse or guarantee the conduct of its members or their compatibility with you, and

you agree to exercise all precautions in your interactions with other members. Like all open

forums on the Internet or social media, you should always be careful about what you share in a

public forum, and in particular, you should never share your password, social security number or

any other personal information.

5. FitnessAtYourHome’s Products/Services; Websites;

Orders.

N. Our Guarantee.

Some of our products and services may carry a specific money back guarantee, return and/or

exchange policy starting from the date that the product or service is delivered or supplied to you.

Please review the information provided with your product/service for details regarding the terms

that apply to your product or service. For more information, please visit your profile or account

settings within the FitnessAtYourHome Services to utilize self-service options available to you.

Products that come with a money back guarantee will receive a refund of the purchase price, less

applicable shipping and handling, unless stated otherwise. In some cases, you may also be

responsible for paying to ship any products back to us. We will not be responsible for any loss or

damage to returned products that occur in transit. If returned products are lost or damaged in

transit, we reserve the right to charge you for, or not refund any amounts attributable to, any such

lost or damaged products. Should you experience any difficulty or delay in returning a product

and securing the proper refund, please visit your profile or account settings within the

FitnessAtYourHome Services to contact our friendly Customer Service.

O. Product and Service Descriptions, Price and Other Information.

We have taken reasonable precautions to ensure that all product descriptions, prices and other

information shown on our websites are correct and fairly described. However, when ordering

products or services through our websites, please note that:

i. FitnessAtYourHome reserves the right to not accept any orders if there is a material error

in the description of the product or service, or if the price advertised is incorrect;

ii. FitnessAtYourHome reserves the right to refuse or discontinue the supply of any product

or service to any customer, or change, suspend or discontinue any aspect of our websites

at any time in our sole and absolute discretion;

iii. all prices are displayed in United States or Canadian Dollars, unless expressly indicated

otherwise;

iv. packaging and contents may vary from that shown on our websites;

v. any weights, dimensions, and capacities shown on our websites are approximate only;

vi. when you place an order, we estimate the tax applicable to your order and include that

estimate in the total for your convenience (the final tax amount will be based on the thencurrent

rate as established by the applicable taxing authority, charged to your payment

card, and reflected in the order confirmation and package invoice we provide to you); and

vii. all items are subject to availability, and we will inform you as soon as reasonably

possible if any product or service you ordered is not available and whether we may offer

you an alternative of equal or higher quality and value.

Please also note that we may be required to change the terms of any products, goods or services

that we offer and/or you purchase. This includes without limitation changes to prices, taxes,

shipping and handling amounts, specifications, delivery times, and/or package contents. We will

provide you with prior notice of any changes, by posting a notice on our websites, sending an email

to you at the address you provided at the time of purchase, or by including a notice in any

products you receive on an automatic recurring or subscription basis. FitnessAtYourHome will

not incur any obligation as a result of such change. As a valued customer, you are always free to

cancel future orders at any time by visiting your profile or account settings within the

FitnessAtYourHome Services or contacting our friendly Customer Service. By continuing to

accept products, goods and/or services after we have notified you of a change to any terms, you

will be deemed to have accepted the change.

P. Order Processing.

We reserve the right to refuse or cancel any order prior to delivery. Some situations that may

result in your order being cancelled include system or typographical errors, inaccuracies in

product or pricing information or product availability, fairness among customers where supplies

are limited, or problems identified by our credit or fraud departments. We also may require

additional verification or information before accepting an order. We will contact you if any

portion of your order is cancelled or if additional information is required to accept your order. If

your order is cancelled after we have processed your payment but prior to delivery, we will of

course refund your payment.

Q. Taxes.

For purchases where sales or transaction tax is applicable you will see the tax calculated on the

checkout page before you are asked to confirm the purchase. Tax shown at checkout is an

estimate and the actual tax collected may differ once we process the order. We use commercially

reasonable efforts to calculate and remit the correct amount of tax required on each taxable

purchase, but we do not guarantee the accuracy of the amount of the tax represented as owed.

Minor errors may occur owing to the inability to accurately track multiple taxing districts, state

and local “tax holidays,” and timing of rate changes or the application of certain taxes to

categories of items we sell. As a result of any error, we may overcollect or undercollect your tax.

In consideration of our allowing you access to the use of the FitnessAtYourHome Services, and

in collecting and remitting taxes required on your purchases, you hereby waive your right to

claim that the tax collected on any purchase is incorrect in any respect and you agree to hold us,

our officers, directors, employees, agents and representatives, harmless from and against any

claim, action, demand, loss, suit, or damages (including attorneys' fees) made or incurred as a

result of our error in calculating the taxes you owe for your purchases.

If you purchase any FitnessAtYourHome Services on third party platforms, such as Apple, those

third parties may be responsible for collecting and remitting applicable taxes to the taxing

authorities.

R. Your Personal and Payment Information.

When you provide any information to us for any reason, such as to sign up for an offer, use our

mobile applications, or purchase our FitnessAtYourHome Services, you agree to only provide

true, accurate, current, and complete information. By providing any credit card or other payment

card information to us, you represent that such payment information is correct, and belongs to

you or you have the authority to use such payment card. In the case of e-mail, you must provide

an accurate e-mail address that is registered to you. You are responsible for promptly updating

your information with any changes, especially to keep your billing information current. You

must promptly notify us if your payment card is cancelled (for example, for loss or theft). To

help keep your account current and prevent service interruption, you acknowledge

FitnessAtYourHome may update your payment card information on file when it is set to expire

or based on updates it receives from the bank that issues your payment card. You agree that your

placement of an electronic order on our websites is sufficient to satisfy any applicable Statute of

Frauds, and no further writing is required. If you are accessing, using and/or purchasing any

FitnessAtYourHome Services on behalf of a company, you represent you have sufficient

authority to bind that company to these Terms.

S. Shipping.

We will take commercially reasonable efforts to ship your products within the timeframe we

provided to you at the time of purchase. Please see the tracking information provided with your

order confirmation for approximate delivery timeframes.

Please note that any timeframes we provide are good faith estimates and may be subject to

change. We will take commercially reasonable steps to inform you in writing of any shipping

delays that extend beyond the timeframe we provided at the time of purchase. Product

availability may be limited in some cases and not available for immediate shipment. In that case,

products may be delivered in separate shipments depending on availability. For example, if your

purchase included two or more items, we may ship those products which are in stock, and later

ship the other products to you when they become available. You may always cancel or modify

your order due to a delay in shipping by visiting your profile or account settings within the

FitnessAtYourHome Services or contacting our friendly Customer Service. We will not be liable

beyond refunding your purchase price if there is a delay in delivering your product(s). We are

not responsible for shipping delays due to factors outside of our reasonable control, such as bad

weather, natural disasters, strikes, protests, government disruptions, etc.

Since we are not authorized to sell our products in all jurisdictions, we may reject certain

purchases based on the shipping address provided. Please note we reserve the right to set

appropriate shipping terms for shipments to certain foreign jurisdictions that are fulfilled from

U.S. warehouse locations.

T. IMPORTANT AUTOMATIC RENEWAL AND SUBSCRIPTION-BASED

PRODUCTS.

We offer certain products and services on an automatic or subscription basis, so you can enjoy

all the benefits of our products or services on a continuous basis. If you choose this option at the

time of your purchase, you agree such products/services will automatically renew at the

frequency disclosed to you at the time of your initial purchase (i.e., monthly, quarterly or annual

basis, etc.). By choosing the automatic subscription option, you acknowledge and agree your

subscription will automatically renew, and unless and until you cancel, you authorize us to

charge your payment card for the products/services you continue to purchase, plus applicable

shipping and handling, and taxes. If you purchased a subscription with a free trial period, you

authorize us to charge your payment card when the free trial period ends, unless you cancel your

subscription before the free trial period ends, and you will not receive a notice from us that your

free trial period has ended. The charges will typically occur on or around the same day of the

month as your initial purchase, although some charges may be delayed for business or legal

reasons. Physical products will be delivered to the address you provided during your initial

purchase. Certain subscription services, such as any digital-only streaming subscriptions are not

physical products, and thus, are not shippable. Your automatic subscription will continue until

you or FitnessAtYourHome cancels your order. If there are any changes to your subscription

terms, such as pricing, frequency, date of charge or any other items, we will take commercially

reasonable efforts to inform you in writing of such change. You may modify or cancel your

subscription at any time by visiting your profile or account settings within the

FitnessAtYourHome Services or contacting our friendly Customer Service. Any modifications or

cancellation of your subscription must be received by us at least three (3) days prior to the next

scheduled payment/ship date in order to take effect for that period. If you cancel less than three

(3) days prior to the automatic renewal day for your subscription, your subscription will continue

as scheduled and your cancellation will take effect in the following period.

U. International Orders.

Certain FitnessAtYourHome Services may not be approved for sale in your jurisdiction. While

FitnessAtYourHome may choose to accept orders for the purchase of its products from nonresidents

of the United States or Canada, the acceptance of such orders and the sale of such

products will only be based on the following conditions precedent:

1. you agree that the purchase of any FitnessAtYourHome products by you, as a nonresident

of the United States, shall be (a) ex works FitnessAtYourHome's facilities

(which may exist anywhere in the world) per Incoterms 2010, with all title risk and loss

in the products passing to you from such facility and (b) for your own personal use only

and not for further resale or distribution in any manner;

2. you hereby expressly authorize and direct FitnessAtYourHome to load and ship the

purchased products to you to your designated ship to destination, and to contract on your

behalf with a common carrier or courier company for that purpose;

• you are the principal importer of record, responsible for ensuring any products can be

lawfully imported into your country, and will undertake responsibility for any and all

applicable taxes, shipping, customs clearance, duties and import requirements from

FitnessAtYourHome's facilities to your foreign ship to destination; and

1. the United Nations Convention on the International Sale of Goods shall not apply to any

purchase or sale, and FitnessAtYourHome expressly opts out of such application.

For products shipped outside the United States, please note that some FitnessAtYourHome

Services, including without limitation, exercise programs, content, manuals, instructions and

safety warnings may not be localized in destination country languages; and the products, goods,

services and accompanying materials may not be designed in accordance with any non-United

States destination country standards, specifications, and labeling requirements. In those cases,

you expressly accept those FitnessAtYourHome Services in the English language and as they are

sold in the United States.

V. FitnessAtHome Services.

FitnessAtYourHome memberships are not transferable and may only be used by the individual

who signed up for the account. If you cancel your membership, you will no longer have access to

any FitnessAtYourHome content, unless otherwise stated.

6. We Want To Keep You Safe! Important Notice About Our

Fitness and Nutrition Content.

W. The FitnessAtYourHome Services Do Not Constitute Medical Advice or Other

Professional Healthcare Advice. Although FitnessAtYourHome provides its products and

services with your health and safety in mind, each individual has their own limitations

and it is therefore critical that you consult your physician or other licensed healthcare

provider for necessary medical or appropriate care, follow all safety and other

instructions provided by FitnessAtYourHome, and obtain appropriate authorization

before accessing or using any FitnessAtYourHome Services, especially if you are prone

to injuries, are pregnant or nursing, are under 18 years of age, or have any other unique or

special medical conditions. ALL FITNESSATYOURHOME SERVICES ARE

PROVIDED FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES ONLY

AND ARE NOT INTENDED TO DIAGNOSE ANY MEDICAL OR HEALTHCARE

CONDITION, REPLACE THE ADVICE OF A LICENSED HEALTHCARE

PROFESSIONAL, OR PROVIDE ANY MEDICAL ADVICE, OPINION, DIAGNOSIS,

TREATMENT OR GUARANTEE. The information made available on or through the

FitnessAtYourHome Services should not be relied upon when making medical or other

important healthcare decisions. FITNESSATYOURHOME DOES NOT PROVIDE

CLINICAL SERVICES. ANY INDIVIDUALS CERTIFIED BY

FITNESSATYOURHOME IN ANY FITNESSATYOURHOME PRODUCTS OR

SERVICES ARE NOT FUNCTIONING IN ANY CLINCIAL OR LICENSED

MEDICAL OR PSYCHOLOGICAL CAPACITY; SUCH INDIVIDUALS ARE

SOLELY PROVIDING INFORMATIONAL AND EDUCATIONAL SELF-HELP

RESOURCES. YOUR USE OF ANY FITNESSATYOURHOME SERVICES DOES

NOT CREATE A DOCTOR-PATIENT, PROFESSIONAL-CLIENT, OR SIMILAR

RELATIONSHIP BETWEEN YOU AND FITNESSATYOURHOME OR YOU AND

ANY PERSON CERTIFIED THROUGH FITNESSATYOURHOME.

Any individual results using FitnessAtYourHome Services may vary. Exercise and proper diet

are necessary to achieve and maintain weight loss and muscle definition. The testimonials

featured on our websites may have used more than one FitnessAtYourHome product, nutrition

program and/or supplements, or extended the program to achieve their successful results.

X. Nutrition Information. Certain FitnessAtYourHome Services, such as nutrition plans and

related information provided with our fitness programs, provide nutrition, food, caloric

and other related information designed to help our customers eat healthy to help them

reach their health and wellness goals. While any nutrition information we may provide is

designed to safely align with our related exercise regimens, you must consult your

physician or other licensed healthcare provider before beginning any nutrition plan or

altering any dietary regimen, especially if you have any unique or special medical needs

or conditions, such as food allergies, dietary restrictions or if you are pregnant or breast

feeding. The FitnessAtYourHome Services are not a substitute for professional care. If

you have or suspect you may have a medical or psychological problem, or a nutritional

deficiency or dietetic condition, you should consult your medical doctor, psychologist or

nutritionist, as appropriate.

Y. Metrics, Values and Figures Are Estimates Only. Please remember that any metrics,

values and figures presented or displayed on or within the FitnessAtYourHome Services

are estimates only and may be inaccurate. This includes without limitation nutritional

values, such as calorie, fat, protein, fiber, and other related values, and equipment-related

values, such as heart rate, cadence, resistance and any other related values. You must

only use such metrics, values and figures for general reference only and always consult

your physician or other licensed healthcare provider for necessary or appropriate care and

advice.

Z. Safety Warnings. FitnessAtYourHome provides safety warnings, along with care and use

instructions for certain exercises, equipment, products and services. You must always

carefully read and follow all such warnings and instructions prior to beginning any

exercise, or use of any equipment, products or services. Failure to read and follow any

applicable warnings and instructions could result in serious injury and/or death to you

and others.

AA. Age Restrictions. You must always adhere to any minimum age restrictions and

limitations related to any FitnessAtYourHome Services, including without limitation,

equipment and connected fitness bikes.

BB. Assumption of Risk. You expressly acknowledge and agree that your access, use

and/or involvement with any FitnessAtYourHome Services (including without limitation,

exercise, nutritional, and equipment and connected fitness bikes/products), or individuals

affiliated with FitnessAtYourHome may involve potentially dangerous and physical

activities that may lead to personal and/or bodily injury, death, temporary or permanent

disability, loss of services, loss of consortium, or damage to or loss of property or

privacy. You hereby acknowledge and willingly accept these risks and agree to

unconditionally release and hold harmless FitnessAtYourHome from and against all

claims, suits, damages, losses, causes of action, costs, expenses or liability arising out of

or related to your access, use and/or involvement with any FitnessAtYourHome Services.

7. Piracy.

Counterfeit products hurt us all. While it causes immeasurable harm on a global basis—such as

funding terrorism and organized crime, causing identity theft, and contributing to lost business

and jobs—it also significantly harms companies, governments, and consumers.

FitnessAtYourHome is a victim of this problem and suffers from the illegal stealing,

manufacturing, importing and selling of counterfeit FitnessAtYourHome products. Although we

are waging the war against counterfeit products, we need your help! If you ever learn of any

counterfeit activity, please let us know by sending an email to

_________________________________

8. Copyright Policy and Copyright Agent.

It is FitnessAtYourHome's policy to respect the copyright and other intellectual property rights

of others. FitnessAtYourHome may remove content from its websites or other properties that

appears to infringe the copyright or other intellectual property rights, including moral rights, of

others. In addition, FitnessAtYourHome may terminate access by users who appear to infringe

the copyright or other intellectual property rights of others. Further, FitnessAtYourHome

complies with the Digital Millennium Copyright Act.

If you believe that content available on or through the online FitnessAtYourHome Services, or

accessible via links posted on online FitnessAtYourHome Services, infringes your copyright,

you or your authorized agent may submit a notification to us, as set forth in this policy. Please

send a notification including all of the information described below (“Notification”) to our

copyright agent by mail or e-mail using the contact information provided below.

You may be held liable for damages and attorneys’ fees if you make any material

misrepresentations in a Notification. Therefore, if you are not sure whether content located on or

accessible via a link posted on the online FitnessAtYourHome Services infringes your copyright,

you should contact an attorney.

A Notification must include the following:

A. Identification of the copyright claimed to have been infringed, or, if multiple copyrighted

works at a single online site are covered by a single Notification, a representative list of

works.

B. Identification of the material that is claimed to be infringing or to be the subject of

infringing activity and information reasonably sufficient to permit us to locate the

material (preferably a link to the material).

C. Information reasonably sufficient to permit us to contact you, such as an address,

telephone number, and, if available, an electronic mail address at which you may be

contacted.

D. A statement that you have a good faith belief that use of the material in the manner

complained of is not authorized by the rights owner, its agent, or the law.

E. The physical or electronic signature of a person authorized to act on behalf of the owner

of an exclusive right that is allegedly infringed.

F. A statement that the information in the Notification is accurate, and under penalty of

perjury, that you are authorized to act on behalf of the owner of an exclusive right that is

allegedly infringed.

Please direct Notifications via email to: ______________________________, or by mail to:

FitnessAtYourHome, LLC

Upon receipt of a substantially compliant Notification regarding an alleged copyright violation,

we will respond expeditiously to remove, or disable access to, the material that is claimed to be

infringing. We will also terminate in appropriate circumstances users who are willful or repeat

infringers.

9. DISPUTES, BINDING INDIVIDUAL ARBITRATION,

AND WAIVER OF CLASS ACTIONS AND CLASS

ARBITRATIONS.

CC. Disputes. The terms of this Section shall apply to all Disputes between you and

FitnessAtYourHome. For the purposes of this Section, “Dispute” shall mean any dispute,

claim, or action between you and FitnessAtYourHome arising under or relating to any

FitnessAtYourHome Services, FitnessAtYourHome’s websites, these Terms, or any other

transaction involving you and FitnessAtYourHome, whether in contract, warranty,

misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other

legal or equitable basis, and shall be interpreted to be given the broadest meaning

allowable under law. YOU AND FITNESSATYOURHOME AGREE THAT

“DISPUTE” AS DEFINED IN THESE TERMS SHALL NOT INCLUDE ANY

CLAIM OR CAUSE OF ACTION BY YOU OR FITNESSATYOURHOME FOR

(i) TRADE SECRET MISAPPROPRIATION, (ii) PATENT INFRINGEMENT, (iii)

COPYRIGHT INFRINGEMENT OR MISUSE, AND (iv) TRADEMARK

INFRINGEMENT OR DILUTION. Moreover, notwithstanding anything else in

these Terms, you agree that a court, not the arbitrator, may decide if a claim falls

within one of these four exceptions.

DD. Binding Arbitration. You and FitnessAtYourHome further agree: (i) to arbitrate

all Disputes between the parties pursuant to the provisions in these Terms; (ii) these

Terms memorialize a transaction in interstate commerce; (iii) the Federal Arbitration Act

(9 U.S.C. §1, et seq.) in the U.S. or applicable provincial or territorial Arbitration Acts in

Canada governs the interpretation and enforcement of this Section; and (iv) this Section

shall survive termination of these Terms. ARBITRATION MEANS THAT YOU

WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING

AND YOUR GROUNDS FOR APPEAL ARE LIMITED. The arbitrator may award

you the same damages as a court sitting in proper jurisdiction could, and may award

declaratory or injunctive relief. In addition, in some instances, the costs of arbitration

could exceed the costs of litigation and the right to discovery may be more limited in

arbitration than in court. The decision of the arbitrator shall be final and enforceable by

any court with jurisdiction over the parties.

EE. Small Claims Court. Notwithstanding the foregoing, you may bring an individual action

in the small claims court of your state, municipality, province or territory if the action is

within that court’s jurisdiction and is pending only in that court.

FF. Dispute Notice. In the event of a Dispute, you or FitnessAtYourHome must first send to

the other party a notice of the Dispute that shall include a written statement that sets forth

the name, address and contact information of the party giving it, the facts giving rise to

the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to

FitnessAtYourHome must be addressed to: FitnessAtYourHome, LLC,

________________________________________________________________(the

“FitnessAtYourHome Notice Address”). The Dispute Notice to you will be sent by

certified mail to the most recent address we have on file or otherwise in our records for

you. If FitnessAtYourHome and you do not reach an agreement to resolve the Dispute

within sixty (60) days after the Dispute Notice is received, you or FitnessAtYourHome

may commence an arbitration proceeding pursuant to this Section. Following submission

and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve

the Dispute before commencing arbitration.

GG. WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU

AND FITNESSATYOURHOME AGREE THAT EACH PARTY MAY BRING

DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL

CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY

PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING

WITHOUT LIMITATION FEDERAL, STATE OR PROVINCIAL CLASS

ACTIONS, OR CLASS ARBITRATIONS. ACCORDINGLY, UNDER THE

ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN

ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN

ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL

AFFECTED PARTIES TO AN ARBITRATION PROCEEDING. WITHOUT

LIMITING THE GENERALITY OF THE FOREGOING, YOU AND

FITNESSATYOURHOME AGREE THAT NO DISPUTE SHALL PROCEED BY

WAY OF CLASS ARBITRATION WITHOUT THE WRITTEN CONSENT OF

ALL AFFECTED PARTIES.

HH. Arbitration Procedure. If a party elects to commence arbitration, the arbitration

shall be governed: (i) in the United States by the rules of AMERICAN ARBITRATION

ASSOCIATION (AAA) that are in effect at the time the arbitration is initiated Any

controversy or claim arising out of or relating to this contract, or the breach thereof, shall

be settled by arbitration administered by the American Arbitration Association in

accordance with its Commercial [or other] Arbitration Rules, and judgment on the award

rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. and

(ii) under the rules set forth in these Terms, except that AAA, as applicable, may not

administer any multiple claimant or class arbitration, as the parties agree that the

arbitration shall be limited to the resolution only of individual claims. All Disputes shall

be resolved by a single neutral arbitrator, and both parties shall have a reasonable

opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the

terms of these Terms. The arbitrator, and not any federal, state, provincial, territorial or

local court or agency, shall have exclusive authority to resolve all disputes arising out of

or relating to the interpretation, applicability, enforceability or formation of these Terms,

including, but not limited to, any claim that all or any part of these Terms is void or

voidable. Notwithstanding this broad delegation of authority to the arbitrator, a court may

determine the limited question of whether a claim or cause of action is for (i) trade secret

misappropriation, (ii) patent infringement, (iii) copyright infringement or misuse, or (iv)

trademark infringement or dilution, which are excluded from the definition of “Disputes”

as stated above. The arbitrator shall be empowered to grant whatever relief would be

available in a court under law or in equity. The arbitrator’s award shall be binding on the

parties and may be entered as a judgment in any court of competent jurisdiction. You

may choose to engage in arbitration hearings by telephone. Arbitration hearings not

conducted by telephone shall take place in a location reasonably accessible from your

primary residence, ___________________, Ohio, for U.S. residents or Ottawa, Canada

for Canadian residents, at your option.

II. Initiation of Arbitration Proceeding. If either you or FitnessAtYourHome decide to

arbitrate a Dispute, we agree to the following procedure:

i. Write a Demand or Notice for Arbitration. The demand/notice must include a

description of the Dispute and the amount of damages and relief sought to be

recovered. You can find a copy of a Demand/Notice for Arbitration at THE

American Arbitration Association Website

ii. Send one copy of the Demand/Notice for Arbitration to the other party at the same

address as the Dispute Notice, or as otherwise agreed to by the parties.

JJ. Hearing Format. In all hearing formats, the arbitrator shall issue a written decision that

explains the essential findings and conclusions on which an award, if any, is based.

During the arbitration, the amount of any settlement offer made by FitnessAtYourHome

or you shall not be disclosed to the arbitrator until after the arbitrator determines the

amount, if any, to which you or FitnessAtYourHome is entitled. The discovery or

exchange of non-privileged information relevant to the Dispute may be allowed during

the arbitration.

KK. Arbitration Fees. FitnessAtYourHome shall pay, or (if applicable) reimburse you

for, all AAA filing, administration, and arbitrator fees for any arbitration commenced (by

you or FitnessAtYourHome) pursuant to provisions of these Terms. You are responsible

for all additional costs that you incur in the arbitration, including without limitation, fees

for attorneys or expert witnesses.

LL. Opt-out. You may elect to opt-out (exclude yourself) from the final, binding individual

arbitration procedure and waiver of class and representative proceedings specified in

these Terms by sending a written letter to the FitnessAtYourHome Notice Address within

thirty (30) days of your initial assent to these Terms (including your first purchase of any

FitnessAtYourHome Service or use of our websites) that specifies: (i) your name; (ii)

your mailing address; and (iii) your request to be excluded from the final, binding

individual arbitration procedure and waiver of class and representative proceedings

specified in this Section. In the event that you opt-out consistent with the procedure set

forth above, all other terms shall continue to apply.

MM. Amendments to this Section. Notwithstanding any provision in these Terms to the

contrary, you and FitnessAtYourHome agree that if FitnessAtYourHome makes any

future amendments to the dispute resolution procedure and class action waiver provisions

(other than a change to FitnessAtYourHome’s address) in these Terms,

FitnessAtYourHome will notify you and you will have thirty (30) days from the date of

notice to affirmatively opt-out of any such amendments by sending a written letter to the

FitnessAtYourHome Notice Address within thirty (30) days of FitnessAtYourHome’s

notification that specifies: (i) your name; (ii) your mailing address; and (iii) your request

to opt-out of such amendments. If you affirmatively opt-out of any future amendments,

you are agreeing that you will arbitrate any Dispute between us in accordance with the

language of this Section as stated in these current Terms, without any of the proposed

amendments governing. If you do not affirmatively opt-out of any future amendments,

you will be deemed to have consented to any such future amendments.

NN. Severability. If any provision in this Section is found to be unenforceable, that

provision shall be severed with the remainder of these Terms remaining in full force and

effect. The foregoing shall not apply to the prohibition against class or representative

actions; if the prohibition against class or representative actions is found to be

unenforceable, this entire Section shall be null and void. The terms of this Section shall

otherwise survive any termination of these Terms.

OO. Exclusive Venue for Other Controversies. FitnessAtYourHome and you agree that

any controversy excluded from the dispute resolution procedure and class action waiver

provisions in this Section (other than an individual action filed in small claims court)

shall be filed only in the State Court of, Ohio, or the United States District Court

_____________,Ohio, and each party hereby irrevocably and unconditionally consents

and submits to the exclusive jurisdiction of such courts for any such controversy.

10. Indemnification; Limitation of Liability.

DD. Indemnification. You agree to indemnify and hold FitnessAtYourHome, its

parents, subsidiaries, affiliates, shareholders, officers, directors, employees, agents, and

suppliers harmless from and against any claim, action, demand, loss, suit, or damages

(including attorneys' fees) made or incurred by any third party arising out of or relating to

your improper use of any FitnessAtYourHome Services, your violation of these Terms, or

your violation of any rights of a third party.

EE. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO

EVENT SHALL FITNESSATYOURHOME, LLC OR ANY OF ITS SUBSIDIARIES,

AFFILIATES OR PARENT COMPANIES, OR ANY OF THEIR OR ITS SERVICE

PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL,

COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR

EXEMPLARY DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR

OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF

SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY

INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE

CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE

FORESEEABILITY AND/OR IF WE WERE ADVISED OF SUCH DAMAGES OR OF

ANY ADVICE OR NOTICE GIVEN TO FITNESSATYOURHOME OR ITS SERVICE

PROVIDERS, LICENSORS AND SUPPLIERS ARISING OUT OF OR IN

CONNECTION WITH YOUR USE OF ANY FITNESSATYOURHOME THIS

LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES

ARISE OUT OF BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY

OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE

MAXIMUM LIABILITY OF FITNESSATYOURHOME AND ITS SERVICE

PROVIDERS, LICENSORS AND SUPPLIERS TO YOU UNDER ALL

CIRCUMSTANCES WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY

YOU IN THE LAST NINETY (90) DAYS TO FITNESSATYOURHOME FOR ANY

FITNESSATYOURHOME SERVICES. YOU AGREE THAT THIS LIMITATION OF

LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A

FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN

FITNESSATYOURHOME AND YOU. THE FITNESSATYOURHOME SERVICES

WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

FITNESSATYOURHOME WILL NOT BE LIABLE FOR FAILURE TO PERFORM

ANY OBLIGATION UNDER THESE TERMS IF SUCH FAILURE IS CAUSED BY

THE OCCURRENCE OF ANY UNFORESEEN CIRCUMSTANCE BEYOND ITS

REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET

OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, NATURAL

DISASTER, CIVIL UNREST OR WAR.

10. Miscellaneous.

FF. Governing Law for United States residents. You agree that the laws of the State of Ohio,

without regard to principles of conflict of laws, will exclusively govern these Terms and

Conditions and any Dispute between you and FitnessAtYourHome. As the

FitnessAtYourHome Services are controlled by FitnessAtYourHome from Ohio, Ohio

law will apply regardless of your residence or the location where you use

FitnessAtYourHome Services.

GG. International Users. Our websites are controlled, operated, and administered by

FitnessAtYourHome from its offices within the United States of America.

FitnessAtYourHome makes no representation or warranty that the materials contained

within the FitnessAtYourHome Services are appropriate or available for use at locations

outside of the United States, and access to them from territories where the contents or

products available through the FitnessAtYourHome Services are illegal is prohibited. If

you access FitnessAtYourHome Services from a location outside of the United States,

you are responsible for compliance with any and all local laws, rules, regulations and

ordinances.

HH. Notices. All notices required or permitted to be given under these Terms must be

in writing. FitnessAtYourHome may provide you notice by sending you an e-mail to the

address on file with us, which you agree electronically satisfies any legal requirement that

such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING

THAT YOUR E-MAIL ADDRESS ON FILE WITH FITNESSATYOURHOME IS

ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED

EFFECTIVE UPON THE SENDING BY FITNESSATYOURHOME OF AN EMAIL

TO THAT ADDRESS. You shall give any notice to FitnessAtYourHome by means of

U.S. mail, postage prepaid, to FitnessAtYourHome, LLC, 3301 Exposition Blvd., Santa

Monica, CA 90404, Attn: Legal Department. Such notice to FitnessAtYourHome shall be

effective upon receipt of notice by FitnessAtYourHome.

II. Severability. If any provision of these Terms (except for Section 9), or a part thereof,

shall be unlawful, void or for any reason unenforceable, then that provision or part

thereof shall be deemed severable from these Terms and shall not affect the validity and

enforceability of any remaining provisions or parts thereof.

JJ. Suspension; Termination. Notwithstanding anything to the contrary in these Terms,

FitnessAtYourHome may, in its sole and absolute discretion, suspend, disable, block, or

terminate your access and use of any FitnessAtYourHome Services (including without

limitation, deleting your account(s) or any part thereof), or block, remove or delete any

User Generated Content that you submitted, for any lawful reason, including if

FitnessAtYourHome determines in its discretion that you violated these Terms (such as

and including by way of example, to the extent your conduct or User Generated Content

violates these Terms or could damage FitnessAtYourHome’s reputation or goodwill). If

FitnessAtYourHome suspends, disables, blocks, terminates or deletes your account, you

may not re-register for or use the FitnessAtYourHome Services under any other login or

profile. FitnessAtYourHome may block your access to the FitnessAtYourHome Services

to prevent re-⁠ You agree that FitnessAtYourHome will not be liable for any interruption

or termination of your access and/or use of our websites.

KK. No Third-Party Beneficiaries. Except as set forth in these Terms, only you and

FitnessAtYourHome may enforce these Terms; no third party shall be entitled to enforce

these Terms.

LL. Survival. The provisions of these Terms which by their nature should survive the

termination of these Terms shall survive such termination.

MM. Waiver. No waiver of any provision of these Terms by us shall be deemed a

further or continuing waiver of such provision or any other provision, and our failure to

assert any right or provision under these Terms shall not constitute a waiver of such right

or provision. Any waiver must be in writing signed by the Chief Legal Officer of

FitnessAtYourHome in order to be effective.

NN. Assignment. FitnessAtYourHome may assign these Terms to any person or entity

at any time, for any reason, with or without notice to you.

OO. Amendments; Entire Agreement. These Terms may not be amended unless in a

signed writing by the Chief Legal Officer of FitnessAtYourHome. These Terms

constitute the final, exclusive and complete agreement between you and

FitnessAtYourHome regarding the subject matter hereof and supersede all agreements,

communications and course of dealings between you and FitnessAtYourHome.

PP. Language. It is the express intent of the parties that these Terms and all related

documents have been written in English.


Privacy Policy of Fitness At Your Home mobile app

This Application collects some Personal Data from its Users.


Owner and Data Controller

Your address  admin@Fitnessatyourhome.com

Owner contact email:  admin@Fitnessatyourhome.com


Among the types of Personal Data that this Application collects, by itself, there are: Mobile phone state permission.

Users who are uncertain about which Personal Data is mandatory are welcome to contact the Owner.


Mode and purpose

This Application may ask for Device state permissions allowing it to create a unique account  .The Owner takes appropriate security measures to prevent unauthorized access to the device state. We are accessing the device id from the customer device to create one unique account for  each user accessing the app. We are only allowing a fixed number of devices with the subscription  account purchased by the customer. To achieve this we are accessing the device id while installing the app which is unique number for all mobile devices.


For more information about the following permissions, refer to the Android Phone State permission.


The rights of Users

Withdraw their consent at any time. Users have the right to withdraw consent where they have previously given the access to read phone state by clearing the cache memory from the manage app in the setting .