TERMS OF SERVICE

These Terms of Service are an agreement between World Gym International, LLC, including its subsidiaries/affiliates (“World Gym” or “we” or “us” or “our”) and you, as a user of our online website, mobile website, application or digital service (the “Platform”). “You” means you individually, and you represent and warrant that you are at least 18 years of age. By accessing, downloading, or using the Platform, you are accepting these Terms of Service and you represent and warrant that you have the right, authority, and capacity to agree to these Terms of Service. IF YOU DO NOT MEET THESE REQUIREMENTS OR DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MAY NOT USE THE PLATFORM.

Please carefully read these Terms of Service and our Privacy Policy. Before you may use the Platform and its services, you must agree to be bound by these Terms of Service as well as our Privacy Policy.

THESE TERMS OF SERVICE INCLUDE AN AGREEMENT TO ARBITRATE, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF THE PLATFORM TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. IF YOU WANT TO OPT-OUT OF ARBITRATION, YOU MAY DO SO PROVIDED YOU FOLLOW THE PROCEDURES SET FORTH BELOW IN THE SECTION ENTITLED “AGREEMENT TO ARBITRATE”. THESE TERMS OF SERVICE ALSO INCLUDE A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY PRIVATE DISPUTE INDIVIDUALLY AND NOT AS PART OF A PROPOSED CLASS. THESE TERMS OF SERVICE ALSO INCLUDE A WAIVER OF YOUR RIGHTS TO A TRIAL BY JURY IRRESPECTIVE OF WHETHER YOU AGREE TO ARBITRATE YOUR CLAIMS.

USE OF THE PLATFORM

Our Content; Proprietary Rights

Through our Platform, we offer, sell, and digitally distribute videos, audiovisual combinations, music, sounds, graphics, photos, and other content, as well as sell products related to that content. We are the owner or authorized licensee of all information, materials, functions and other content contained on our Platform, and you acknowledge that you are only receiving a limited right to access or use this content. No content from our Platform may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of our Platform.

We also own any information and data collected by us from you, including without limitation any data regarding your use and viewing of our Platform and its content. We may use such information and data for benchmarking and other service enhancements. We will handle and treat any information we collect from you in compliance with our current Privacy Policy.

The name “World Gym” and our graphics, logos, designs, page headers, button icons, scripts, and service names are registered and/or common law trademarks, trade names, or trade dress of World Gym in the U.S. and/or other countries and jurisdictions. These trademarks, trade names, and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion. We reserve all rights in or to such trademarks, trade names, or trade dress. We respect the intellectual property rights of others and expect our users to do the same. It is our policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the intellectual property rights of others.

Third-Party Links

The Platform may contain links to other websites that are not owned or controlled by us. Those links are provided for convenience only and may not remain current or be maintained. We do not screen linked websites and are not responsible for the content, security, operation, or use of any linked websites or the products or services that may be offered or obtained through them. Our links to other websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent we may explicitly stipulate to the contrary on the Platform. Further, we are not responsible for the content or privacy practices associated with linked websites, and it is your responsibility to review those policies before accessing those websites. If you access linked websites, you do so at your own risk.

In addition, while we may provide links on our Platform to our social channels located on other websites, your access and use of those social channels on other websites is governed by the terms of service and other agreements posted on those websites. You are responsible for ensuring that your use of those websites complies with any applicable terms of service or other agreements.

Registration and Your Account

In order for you to use the Platform, you must create an account. When creating an account, you must provide accurate, complete and updated registration and contact information. In addition, you must update your account information to keep it current and complete at all times.

You are solely responsible for all the activity that occurs through your account, including the activities of others and regardless of whether the activities are authorized, and for keeping your account password secure. You agree to notify us immediately of any breach of security or unauthorized use of your account. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for our losses or the losses of others due to any unauthorized use. We reserve the right to require you to alter your password if we have reason to believe your password is no longer secure. We may also require you to change your password from time to time.

You may not select a username that is vulgar, offensive, obscene or attempts to impersonate another person. You may never use another person’s account. We reserve the right to refuse to provide you with an account or cancel your account in our sole discretion.

Disclosure of Account Information

You acknowledge and agree that we may access, retain and disclose your account information if required to do so by law or in a good faith belief that any access, retention or disclosure is reasonably necessary to: (a) enforce these Terms of Service or our Privacy Policy; (b) respond to your requests for customer service; (c) respond to a legal notice; (d) comply with legal process; or (e) protect the rights, property or personal safety of our company, our users or the public.

Termination

These Terms of Service shall take effect on the date you first access or use our Platform and shall continue until terminated in accordance with these Terms of Service.

We may suspend or terminate your access to the Platform if you are determined to be, in our sole discretion, in violation of these Terms of Service or our Privacy Policy. We may also suspend or terminate your access to all or any part of the Platform or your account at any time, with or without cause, with or without notice, effective immediately.

If you choose to cancel a service offered on our Platform, you must cancel by whichever means you purchased such service. If you need assistance cancelling a service, please reach out to anywhere@worldgym.com.

If you choose to cancel a monthly subscription in the middle of a billing cycle, you will not be refunded for the month in which you canceled. You will maintain access to the Platform until the billing cycle is complete. If you choose to cancel an annual subscription within 60 days of subscribing, we may prorate a refund. If you choose to cancel an annual subscription after 60 days of subscribing, you will not be entitled to a refund.

Upon termination of these Terms of Service for any reason, the rights and licenses granted to you hereunder will immediately terminate and the provisions of these Terms of Service that by their nature and context are intended to survive termination will survive. We will have no liability to you for any damages or other claims arising from the termination or suspension of your access to the Platform or your account.

Without limitation of the foregoing, we will have the right to retain copies of your account information and content in our archives for our internal business and legal purposes.

Eligibility; Age Restriction

Our Platform may only be used by individuals who are 18 years and older and who can form legally binding contracts under applicable law. Individuals under the age of 18 must at all times use our Platform only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In these cases, the supervising adult is responsible for any and all activities conducted on or through our Platform. You represent and warrant that you are at least 18 years old, or that you are using our Platform under the supervision of an adult parent or legal guardian, and that all registration information you submit is accurate and truthful.

We may, in our sole discretion, refuse to offer access to or use of our Platform to any person or entity and change our eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Platform is revoked in such jurisdictions.

Health Disclaimer

World Gym strongly recommends that you consult your physician before beginning any exercise program. You should be in good physical condition and be able to participate in the exercise.

World Gym is not a licensed medical care provider and represents that it has no expertise in diagnosing, examining or treating medical conditions of any kind or in determining the effect of any specific exercise on a medical condition.

You should understand that when participating in any workout or online exercise program, there is a possibility of physical injury. If you engage in this exercise or online workout, you agree: (i) that you do so at your own risk, (ii) that you are voluntarily participating in these activities, (iii) that you assume all risk of injury to yourself, and (iv) to release and discharge World Gym, its affiliates, trainers, coaches, employees, subcontractors and all other persons associated with the creation of videos or other content from any and all claims, damages or causes of action, known or unknown, present or future, arising out of any use of the Platform.

Payment, Processing and Order Fulfillment

Access to the Platform may require additional fees in addition to any current membership fee. We reserve the right to change our fees at any time. If we do make changes to a fee, we will provide you with notice, via e-mail to the address listed on your account, prior to charging you for the new fee amount.

Our Platform is hosted by Intelivideo, which also assists in the processing of our orders. When you input your credit card information as payment, Intelivideo directly and securely transmits that information to its third-party payment processor, who verifies the credit card and remits the payment to us. Neither we, nor Intelivideo, ever store your credit card image or number. Sales and use taxes, as applicable by law, will be based on your location and our location and, purchase prices are inclusive of taxes. You will be responsible for paying any applicable taxes relating to your payments and will indemnify and hold harmless World Gym and Intelivideo from your failure to pay any and all taxes, including sales tax, based on incorrect information provided by you. If you believe you are entitled to a refund of any taxes, you are solely responsible for such determination.

Intelivideo also fulfills all orders for digitally distributed content by making that content available for viewing. It will inform you of the device and system requirements for accessing this content. You are responsible for completing the digital download, and for all risk of loss of the content after download. You acknowledge that the resolution and quality of the content received will depend on a number of factors, including the type of device on which it is streamed and available bandwidth. While we strive to provide a high-quality viewing experience, neither we, nor Intelivideo, make any guarantees as to the resolution or quality of the content.

Upon receiving an order for any of our products, Intelivideo will notify us so that we may fulfill the order directly.

User Conduct

You agree that you will not, either directly or indirectly:

1.Transfer your account or account information to another party without our prior written consent;

2.Create deceptive accounts or more than one (1) account without our prior written approval;

3.Use, reproduce, copy, modify, adapt, create derivative works from, publish, print, transmit, distribute, perform, display, sell, license, rebrand, or otherwise transfer: (a) any portion of the Platform or content made available through the Platform; or (b) any World Gym copyrights or trademarks;

4.Frame, mirror, or otherwise simulate the appearance or function of the Platform or forge headers, icons or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Platform;

5. Decompile, disassemble or otherwise reverse engineer the Platform or any portion thereof, or otherwise attempt to derive the source code or other trade secrets embodied in the Platform;

6. Remove any copyright, trademark or other proprietary rights notices contained in or on the Platform;

7.Harvest or otherwise collect information about other users of the Platform, including email addresses, without their express written consent;

8. Upload, post, email, transmit or otherwise make available through the Platform any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

9.Use any robot, spider, scraper or other automated means to access the Platform for any purpose without our express written permission;

10.Distribute viruses or any other technologies that may harm us or the interests or property of our users, or upload, post, email, transmit or otherwise make available through the Platform any material that contains adware, malware, spyware, software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

11.Interfere or attempt to interfere with the proper working of the Platform or any activities conducted through it;

12. Bypass any measures we may use to prevent or restrict access to the Platform; or

13. Circumvent or manipulate our payment processes.

You agree that you will comply with all applicable laws in your use of our Platform.

Procedures for Reporting Copyright Infringements

We respect the intellectual property rights of others and expect you to do the same. It is our policy, in appropriate circumstances and in our discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademarks or other intellectual property rights of others.

If you believe in good faith that any artwork or content made available through the Platform infringes upon your intellectual property rights, you may submit a notice of claimed infringement to us by providing the following information in writing to our designated agent (listed below) (“Designated Agent”):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property right that has been allegedly infringed;

2. Identification of the works claimed to have been infringed, or if this is a single notification of a copyright infringement claim covering multiple copyrighted works on the Platform, as permitted under the Digital Millennium Copyright Act, 17 U.S.C. 512 (“DMCA”), a representative list of such works on the Platform;

3. Identification of the artwork or content that are claimed to be infringing or to be the subject of infringement activity and that are to be removed or access to which are to be disabled, including information reasonably sufficient to permit us to locate the material;

4. Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and e-mail address;

5. A statement that the complaining party has a good faith belief that the use of the artwork or content is not authorized by the copyright owner or other intellectual property rights owner, its agent, or the law; and

6. A statement made under penalty of perjury that the information in your will is accurate and that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

World Gym’s Designated Agent can be contacted here or at the following address:

World Gym International, LLC

2618 San Miguel Dr. #286

Newport Beach, CA 92660 · USA

Attention: Copyright Agent, Legal Department

(800) 544-7441

Email: info@worldgym.com

You acknowledge that if you fail to comply with all of the above notice requirements, your notice may not be valid.

When a complete and proper notice is received by the Designated Agent, it is our policy to expeditiously investigate the claim and take appropriate action, as determined by us in our sole discretion. Such action may include without limitation removing access to the content identified in the notice.

Only notices of suspected intellectual property rights infringement should be sent to the Designated Agent. For all other requests for technical support, feedback, comments, and other communications, please contact our anywhere@worldgym.com.

MOBILE APP AND SERVICES

Mobile App

Subject to your compliance with these Terms of Service and our Privacy Policy, you may access the Platform through our mobile app (“Mobile App”) on a mobile device. You acknowledge and agree that the availability of the Mobile App is dependent on the third party from whom you received the Mobile App license (e.g., Apple or Android App Store). Your further acknowledge and agree that your use of the Mobile App may be subject to additional terms of conditions of the third party from whom you received the Mobile App license.

Wireless Carriers

If you access the Platform (including the Mobile App) through a mobile device, your wireless carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using the Platform may be prohibited or restricted by your carrier, and the Platform may not work with all carriers or devices. Notifications and Messages

By using the Mobile App, you agree that we may communicate with you by email, notifications, or other electronic means to your mobile device for the purpose of providing the Platform and that certain information about your usage of the Platform may be communicated to us. If you change or deactivate your mobile phone number, you agree to promptly update your account information. You can opt out of promotional communications by following the “Unsubscribe” directions for emails, through the settings of the Platform or Mobile App, or, if via text message, by responding STOP. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE PLATFORM.

WARRANTIES/LIMITATION OF LIABILITY

THE PLATFORM IS PROVIDED “AS IS”, “AS AVAILABLE”, AND WITH ALL FAULTS. WE CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO OR THAT THE PLATFORM WILL BE ERROR FREE OR THAT THE PLATFORM, CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. THE OPERATION OF THE PLATFORM MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. TO THE EXTENT LEGALLY PERMITTED, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, TERMS AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY OF INFORMATION, QUIET ENJOYMENT, NONINFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE PLATFORM.

WE WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOSS OF DATA OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE OR STRICT LIABILITY), ARISING OUT OF THIS TERMS OF SERVICE OR YOUR USE OR INABILITY TO USE OUR PLATFORM OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF THIS TERMS OF SERVICE OR YOUR USE OF OUR PLATFORM OR SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO PURCHASE THE CONTENT, SERVICES OR PRODUCTS THAT GAVE RISE TO SUCH LIABILITY, AND (B) $100.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE SCOPE AND DURATION OF OUR WARRANTIES AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

INDEMNIFICATION

You will indemnify and hold us (and our affiliates, franchisee, officers, directors, agents and employees) harmless from and against any and all claims, demands, liabilities, damages, losses, fines, and expenses (including but not limited to, reasonable attorneys’ fees and other professional fees and costs of investigation) arising from or in any way related to your (or anyone using your account’s) breach of these Terms of Service or our Privacy Policy or your violation of any law or the rights of any third party, including without limitation, any intellectual property rights or privacy rights.

RESOLUTION OF DISPUTES

Governing Law and Jurisdiction

These Terms of Service will be governed by the laws of the State of California, without regard to conflict of law provisions. You and we expressly agree that any claim or dispute must be resolved exclusively by a state or federal court or arbitration located in Los Angeles County, California, except as described in the Agreement to Arbitrate below or as otherwise mutually agreed in writing by the parties.

Informal Resolution

It is our goal that the Platform meet your expectations and provide excellent service. However, there may be instances when you feel that we have made a mistake or left you disappointed in some way. In those instances, we are committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your concern. Therefore, for any problem or dispute that you may have with us, you acknowledge and agree that you will, as an initial matter, email us at info@worldgym.com to describe to us the nature of your complaint or dissatisfaction. This should lead to a resolution, but if for some reason your problem or dispute is not resolved satisfactorily within 45 days after our receipt of your written description of it, you agree to the further dispute resolution provisions below. To the extent permitted by applicable law, the informal resolution process described in this paragraph is a precondition to pursuing any other process, so please do not forget to contact us first.

Agreement to Arbitrate

PLEASE READ THIS AGREEMENT TO ARBITRATE CAREFULLY TO UNDERSTAND YOUR RIGHTS. BY ELECTING ARBITRATION, YOU AND WE AGREE TO ARBITRATE ANY CLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, UNLESS YOU OPT-OUT. YOU AND WE AGREE THAT ALL SUCH CLAIMS WILL BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT AS A PROPOSED CLASS ACTION. WHETHER OR NOT YOU OPT-OUT, HOWEVER, YOU ARE GIVING UP A RIGHT TO A TRIAL BY JURY. YOU AND WE UNDERSTAND THAT DISCOVERY AND APPEAL RIGHTS ARE MORE LIMITED IN ARBITRATION. THE ARBITRATOR, AND NOT ANY FEDERAL, STATE, LOCAL, OR OTHER COURT OR AGENCY, WILL HAVE THE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, OR FORMATION OF THESE TERMS OF SERVICE AND THIS AGREEMENT TO ARBITRATE, INCLUDING BUT NOT LIMITED TO, ANY CLAIM THAT ALL OR ANY PART OF THESE TERMS OF SERVICE OR THIS AGREEMENT TO ARBITRATE IS VOID OR VOIDABLE.

You and we agree that, except as expressly set forth below, the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your use of the Platform and these Terms of Service or to any products or services sold or distributed by us or through the Platform, will be final and binding arbitration, except to the extent that either party has, in any manner, infringed upon or violated, or threatened to infringe upon or violate, the rights of either party or any third party’s patent, copyright, trademark, trade secret, privacy or publicity rights or is seeking to vindicate public rights, in which case both sides acknowledge that arbitration is not an adequate remedy and that injunctive or other appropriate relief may be sought by either party and/or the applicable third party(ies) on an individual basis in a court located in Los Angeles County, California. You and we acknowledge that this Agreement to Arbitrate affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under this Agreement to Arbitrate (despite any other choice of law provision). As a limited exception to this mutual Agreement to Arbitrate, you and we agree that either party may take claims to small claims court, if the claims qualify for hearing by such court.

US Claims

For users in the United States, the arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at adr.org/consumer or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.

Non-US Claims

For users outside of the United States, any controversy or claim arising out of or relating to these Terms of Service, or the breach thereof, will be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Expedited Procedures (“ICDR Expedited Procedures”). The arbitration will be decided by a sole arbitrator appointed in accordance with the ICDR Expedited Procedures. The ICDR’s rules are available at https://www.icdr.org.

If you are from the European Union (“EU”) and purchased products, the EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

Means and Fees

In the interest of efficiency and fairness, you and we agree that the arbitration proceeding will be based solely on written submissions, unless the arbitrator deems an oral hearing strictly necessary. Should the arbitrator deem an oral hearing to be necessary, such hearing will be conducted via telephone or other electronic or technical means, or if that’s not possible, in person in the jurisdiction where you reside or at another mutually agreed upon location. The language of the arbitration will be English or, for users who reside outside of the U.S., the official language of your jurisdiction. The arbitrator’s award will be final and binding, and judgment may be entered upon it by any court having jurisdiction thereof. Each party will have the right to use legal counsel in connection with arbitration at its own expense.

Right to Opt-Out

YOU HAVE A RIGHT TO OPT-OUT OF THIS AGREEMENT TO ARBITRATE by sending an email to info@worldgym.com or by mailing us, postage prepaid, to World Gym International, LLC, 2618 San Miguel Dr. #286, Newport Beach, CA 92660, Attention: Legal Department. Such opt-out must be given within the earlier of thirty (30) days of approving your first purchase of products or services on the Platform or if we make any changes to this Agreement to Arbitrate which alter your rights, within thirty (30) days after the effective date of such revision to this Agreement to Arbitrate. Any opt-out received after such deadline will be ineffective and this Agreement to Arbitrate will remain in full force and effect, except as expressly provided above. If you opt-out of this Agreement to Arbitrate, we also will not be bound by the terms of this Agreement to Arbitrate.

Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR OTHER CLAIM UNDER THESE TERMS OF SERVICE WILL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE PLATFORM, AND NO CLASS, COLLECTIVE, AND/OR REPRESENTATIVE ARBITRATION PROCEEDINGS WILL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable with respect to any particular claim otherwise subject to arbitration, then that claim will not proceed in arbitration but rather will be resolved in a court of competent jurisdiction. If that occurs, however, this Agreement to Arbitrate and this CLASS ACTION WAIVER still will be fully enforceable as to all other claims, which must be resolved in arbitration on an individual basis.

Waiver of Trial by Judge or Jury

YOU AND WE AGREE AND UNDERSTAND THAT BY USING ARBITRATION TO RESOLVE DISPUTES YOU AND WE ARE GIVING UP ANY RIGHT THAT YOU OR WE MAY HAVE TO A JUDGE OR JURY TRIAL WITH REGARD TO ALL CLAIMS SUBJECT TO THIS AGREEMENT TO ARBITRATE. YOU AND WE FURTHER AGREE THAT ANY CLAIM HEARD IN A COURT OF COMPETENT JURISDICTION WILL BE HEARD BY A JUDGE INSTEAD OF A JURY, EXCEPT WHERE A JURY TRIAL WAIVER IS NOT PERMISSIBLE UNDER APPLICABLE LAW.

Limitation of Actions

You and we agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the Platform, or these Terms of Service must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.

GENERAL TERMS

Modifications

We reserve the right to monitor, modify or discontinue the Platform any content or information on Platform at any time without notice in our sole discretion.

We reserve the right, at any time and in our sole discretion, to change these Terms of Service, and the Privacy Policy, in whole or in part, by notifying you as described in the Notices provision below. You are responsible for reviewing and complying with these Terms of Service and our Privacy Policy, in effect at the time you use the Platform. You acknowledge that you will be bound by the revised Terms of Service, as of their effective date set forth therein, and your continued use of the Platform constitutes acceptance of them.

Notices

Except as stated otherwise, all notices required from you under these Terms of Service must be sent to info@worldgym.com or to any other address(es) specified by us from time-to-time, in our sole discretion. Legal notices will be served on our registered agent in the State of California. We will provide you with notices about significant changes to the Platform or these Terms of Service or the Privacy Policy by posting them on the Platform or by sending an email to the email address you provide to us with your account. Legal notices will be provided to you at your email address. Email notices will be deemed given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid.

Other Jurisdictions

We do not represent or warrant that the Platform, or any part thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Platform do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the availability of the Platform, in whole or in part, to any person, geographic area or jurisdiction that we choose, at any time and in our sole discretion.

Miscellaneous

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Service. If any provision of these Terms of Service is held to be invalid or unenforceable, that provision will be struck and the remaining provisions will be enforced. You may not assign or transfer your rights or obligations under these Terms of Service. Any purported transfer or assignment in violation of the foregoing will be invalid. We may assign these Terms of Service and our rights and obligations under them upon notice to you in accordance with the Notices provision. These Terms of Service shall be binding upon and inure to the benefit of the parties hereto and their respective heirs and assigns. Headings are for reference purposes only and do not limit the scope or extent of any provision. Our failure or delay to exercise or enforce any right or provision of these Terms of Service or any rights under applicable law will not constitute a waiver of any of those provisions or rights.

These Terms of Service and the Privacy Policy set forth the entire understanding and agreement between you and us with respect to the subject matter these Terms of Service.

HOW TO CONTACT US

If you have any questions or comments about these Terms of Service, please contact us by email at info@worldgym.com.

You may also reach at the following address:

World Gym International, LLC

Attn: Legal Department

2618 San Miguel Dr. #286

Newport Beach, CA 92660 · USA

LAST REVISED: 12/11/2020