WEBSITE TERMS OF USE

These Website Terms of Use (the “Terms of Use”) apply to your use of our website (the “Site”). We reserve the right to change the Terms of Use and to modify and/or limit access to this Site at any time without notice to you. By using or accessing this Site, you agree to be bound by the most recent Terms of Use.

SITE CONTENT

All content that is made available to view and/or download in connection with this Site is the copyrighted work of and is owned by us and/or its licensors or subscribers, as applicable, and is protected by copyright and other laws and international treaty provisions. You may not copy, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any such content without our express written permission and written permission of the copyright owner. You agree not to circumvent, disable or otherwise interfere with security-related features of this Site or features that prevent or restrict use or copying of any content on this Site. You may not frame or otherwise include this Site within any other website or software. We reserve all rights not expressly granted to this Site and the content therein.

LINKED SITES

This Site may contain links to third party web sites (“Linked Sites”). These Linked Sites are not under our control and we are not responsible for the availability, content or performance of any Linked Sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the Linked Site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. You should direct any concerns regarding these third-party sites to those sites’ administrators.

MOBILE SERVICES

We may provide certain services that may be available via your mobile device, including but not limited to (i) the ability to make purchases or reservations via your mobile device, (ii) the ability to receive and reply to messages from us, and (iii) the ability to browse our site from your mobile device (collectively the “Mobile Services”). We do not charge for these Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

ELECTRONIC COMMUNICATIONS

When you visit our Site or send e-mails to us, you are communicating with us electronically. By using this Site, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. We receive and store certain types of information whenever you interact with us. For example, like many sites, we use “cookies,” and we obtain certain types of information when your web browser accesses our Site.

TERMINATION

We reserve the right to immediately terminate your use of, or access to, this Site at any time if we decide, in our sole discretion, that you have breached these Terms of Use or any relevant law, rule or regulation or you have engaged in conduct that we consider to be inappropriate or unacceptable.

GENERAL TERMS AND CONDITIONS

The General Terms and Conditions are incorporated by reference into both the Terms of Service and the Terms of Use.

AGE

We do not permit persons under the age of 18 years to set up an account, make a reservation or take its indoor cycling, functional training, or HIIT classes. By using this Site, setting up an account, making a reservation or taking a Class, you represent that you are at least 18 years old and that you agree to abide by all of the Terms of Service and Terms of Use.

DISCLAIMER OF WARRANTIES

ALL CLASSES AND FACILITIES AND THIS SITE ARE PROVIDED BY US “AS IS”, “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We assume no responsibility for, and shall not be liable for any damage caused by any virus that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing in this Site, any Linked Sites, your use of Mobile Services, or your downloading of any materials, data, text, images, video or audio from this Site or any Linked Sites. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

LIMITATIONS OF LIABILITY

IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR CLASSES AND FACILITIES, THIS SITE, THE TERMS OF SERVICE OR THE TERMS OF USE (HOWEVER ARISING, INCLUDING NEGLIGENCE).

OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $50. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

INDEMNITY

You agree to defend, indemnify and hold harmless Fit Social Club LLC, its subsidiaries and affiliates, and its employees, agents, officers, members, managers, investors and representatives, from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of your participation in and use of the Classes and Facilities provided by us; your use of this Site; your breach or alleged breach of the Terms of Service or Terms of Use; or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.

LEGAL COMPLIANCE

You shall comply with all applicable laws, statutes, ordinances, rules and regulations regarding your participation in or use of the Classes and Facilities and your use of this Site.

GENERAL

Neither these Terms of Service or Terms of Use, nor any rights or obligations of you thereunder, may be assigned by you in whole or in part without our prior written approval. Any assignment in violation of the foregoing shall be null and void. If any part of the Terms of Service or Terms of Use is for any reason found to be invalid, illegal or unenforceable, all other parts nevertheless remain valid, legal and enforceable. In lieu of the unenforceable provision, the court should attempt to effect as much as possible the economic, legal and business objectives as were intended by the unenforceable provision. We are not liable for any delay in the performance under the Terms of Service or the Terms of Use due to causes beyond our control, including but not limited to an act of God, war or natural disaster. The Terms of Service, Terms of Use and these General Terms and Conditions set forth the entire understanding and complete and exclusive statement of the agreement between you and us; and they supersede any proposal or prior agreement, oral or written, and any other communications between the parties in relation to the subject matter thereof. There are no third party beneficiaries to the Terms of Service or the Terms of Use. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Notwithstanding any law, rule or regulation to the contrary, you agree that any claim or cause of action you may have arising out of the Terms of Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

COPYRIGHT POLICY

We respect the intellectual property of others, and we expect our users to do the same. We may suspend and/or terminate the accounts of users who infringe the rights of others. If you believe that your copyrights or other intellectual property rights have been infringed by postings of others through this Site, you should provide our copyright agent with the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

• a description of the copyrighted work or other intellectual property that you claim has been infringed;

• a description of where the material that you claim is infringing is located on this Site;

• your address, telephone number, and email address;

• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.