Terms and Conditions

Workouts 247 Terms of Service LAST UPDATED: September 23, 2019

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IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING OUR PRIVACY POLICY, LIMITATIONS OF LIABILITY, WARRANTY DISCLAIMERS AND GENERAL HEALTH AND LEGAL DISCLAIMERS, DO NOT ACCESS OR USE THE APPLICATIONS, SITE OR THE WORKOUTS 247 SERVICE.

This End-User License Agreement (including the Supplemental Terms, as applicable) (“EULA” or “Agreement”) governs your use and access of Workouts247.com (the “Workouts 247 Site” or “Site”), and Workout 247’s mobile and platform applications (collectively “Applications”). The Site and Applications are made available by and you are entering into this EULA with DG Media LLC. based at 2121 E Oltorf Street STE 17A Austin, TX 78741 If you are a resident of the EEA, then solely with respect to decisions about the processing of your data in connection with this EULA. The terms “DG Media LLC”, “Workouts 247”, “we”, “us” or “our” used in this EULA refer to Workouts 247. (or if concerning the processing of your data and you reside in the EEA, IAC Search and Media Europe, Ltd.). Workouts 247 provides digitally accessible fitness services and content. The Site and Applications, along with the fitness service and content made available therein are referred to herein as the “Workouts 247 Service” or “Service”. Any Service purchased hereunder is purchased from Workouts 247, Inc. By registering as a member or by accessing or using the Workouts 247 Service in any way, you accept this Agreement.

You should also read and understand the Workouts 247 Privacy Policy, which is incorporated by reference into and made a part of this Agreement. This Agreement also includes any additional payment terms and other requirements set forth on the download or purchase page of marketplaces through which you may purchase or download Applications or access the Service. These marketplaces may have additional terms, conditions and usage rules that govern your access to and use of the Applications and/or the Workouts 247 Service. Prior to using the Workouts 247 Service, it is important for you to know and understand that by accessing and/or using the Service through any means, you are agreeing to accept certain liability limitations and legal and health disclaimers, which we further explain throughout this Agreement. In other words, your use of the Workouts 247 Service is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Service or your access and use of the Service. If you have any questions or concerns regarding the terms or conditions herein, please email us at support@Workouts247.com. If you are a user of Window, the intermittent fasting mobile application (“Window”), please email window.support@Workouts247.comfor any questions or concerns regarding these terms or your use of the Window application.

We may amend this Agreement from time to time. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means. You acknowledge that an in-app message or an email to the email address provided at registration, which notifies you of such changes, shall constitute reasonable means. Your continued use of the Applications, Site or Service after we post any amendments to this Agreement will signify your acceptance of such amendments. If you do not agree with any amendment, you must discontinue your access to and use of the Service. By using the Service, you consent to receiving this Agreement in electronic form. Notice to consumers: depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this EULA and that are in addition to the terms of this EULA, and certain provisions of this EULA may be unenforceable as to you. To the extent that any term or condition of this EULA is unenforceable, the remainder of the EULA shall remain in full force and effect.

HEALTH WARNING AND LIABILITY DISCLAIMER:

YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING THIS OR ANY OTHER EXERCISE OR WEIGHT LOSS PROGRAM. THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE, HEART DISEASE OR OTHER MEDICAL CONDITION THAT MAY BE IMPACTED BY A CHANGE TO DIET OR EXERCISE, OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING. NOTHING STATED OR POSTED ON THE WORKOUTS 247 SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL ADVICE OR CARE. YOUR USE OF THE WORKOUTS 247 SERVICEIS AT YOUR OWN RISK. PLEASE READ OUR FULL PROFESSIONAL ADVICE AND MEDICAL DISCLAIMER IN SECTION 3 BELOW BEFORE COMMENCING YOUR USE OF THE SERVICE. WORKOUTS 247 SHALL NOT BE LIABLE FOR ANY LIABILITY, OF ANY KIND, RESULTING FROM THE USE OF THE WORKOUTS 247 SERVICE.

Content

1.Who May Use the Workouts 247 Service 2. Service and Membership 3. Professional Advice and Medical Disclaimer 4. Your Representations and Warranties as a Member 5.General Disclaimers 6. Limitation of Liability 7. Privacy 8. Payments; Auto renewal 9. Cancellation; Term; Account Deletion 10. Community Guidelines; User Content 11. Code of Conduct and Prohibited Activities 12. Indemnification 13. License to Use the Workouts 247Service 14. Third Party Links and Content 15. Intellectual Property 16. Copyright / DMCAPolicy17. EEA Resident Online Dispute Resolution 18.Security 19. Export Controls 20. Notice to US Government End Users 21. Open Source Attribution 22. Apple App Store 23. General Provisions

1.Who May Use the Workouts 247 Service

AGE REQUIREMENT: You must be at least 18 years old to use the Workouts 247 Service. NOTICE TO PARENTS AND GUARDIANS: You are responsible for monitoring and supervising your child’s use of the Workouts 247 Service. If your child is using the Workouts 247 Service without your express consent and is under 18, please contact us immediately so that we can disable his or her access. If you have questions about the Workouts 247 Service, please contact us at admin@Workouts247.com, or if you are a user of Window, contact admin@Workouts247.com.

2.The Service

  1. Grant of License. Subject to your compliance with the terms and conditions of this Agreement, Workouts 247 grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access and use the most current available versions of the Site, Applications and Service for your lawful, personal and non-commercial use.
  2. Available Content. The Service and the content provided therein is available for users of various skill levels, for a variety of activities, and for varying durations. Content may not always be available and is subject to change at any time with or without notice and without any liability to you. Content is intended for informational purposes only and should not be considered medical or health care advice.
  3. Membership. While you may enjoy certain content and features without registering with Workouts 247, to receive the full benefits some of our Services, you may be required to register as a member by providing a username, password, valid email address and valid credit card information. You must provide complete and accurate registration information to Workouts 247 and notify us if your information changes. In creating a username, you may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
  4. Non-commercial Use. Use of the Site and Service is for personal, non-commercial use only. You may not use the Service in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services; or (ii) for commercial purposes. Users of the Site may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the Site for any purpose unless expressly authorized by Workouts 247. If you wish to inquire about possible commercial use, please contact us at admin@Workouts247.com or admin@Workouts247.comif you are a user of Window. Workouts 247 may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Site or the Service.
  5. Account Security. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others

have access to, you must log out of your account after using the Workouts 247 Service. If you become aware of any unauthorized access to your account, you must change your password and notify us immediately at admin@Workouts247.com.

  1. Workouts 247 may change, modify, add, remove, suspend, cancel or discontinue any aspect of its subscriptions including the functionality, content, and/or availability of any features of such subscriptions at any time in Workouts 247’s sole discretion.

3.MedicalDisclaimer.

YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE STARTING THE SERVICE OR ANY OTHER EXERCISE OR WEIGHT LOSS PROGRAM TO DETERMINE IF IT IS RIGHT FOR YOUR NEEDS. THIS IS PARTICULARLY TRUE IF YOU (OR YOUR FAMILY) HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, IF YOU HAVE EVER EXPERIENCED CHEST PAIN WHEN EXERCISING, SMOKE, HAVE HIGH CHOLESTEROL, HAVE A BONE OR JOINT PROBLEM OR OTHER MEDICAL CONDITION THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY OR DIET. DO NOT USE THE WORKOUTS 247 SERVICE IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING OR FASTING, YOU SHOULD STOP IMMEDIATELY. THE WORKOUTS 247 SERVICE OFFERS GENERAL HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON THE WORKOUTS 247 SITE OR AVAILABLE THROUGH ANY WORKOUTS 247 SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH OR NUTRITION CARE, TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. YOU SHOULD NOT RELY ON ANY INFORMATION ON THE WORKOUTS 247 SERVICE AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SERVICE. THE USE OF ANY INFORMATION PROVIDED ON THE SERVICE IS SOLELY AT YOUR OWN RISK.IF YOU ARE IN THE UNITED STATES AND THINK YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL YOUR HEALTH CARE PROFESSIONAL, OR 911, IMMEDIATELY.THE WORKOUTS 247 SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND WORKOUTS 247 MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT GENERAL HEALTH, FITNESS AND ADVICE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED ON THE WORKOUTS 247 SITE WILL ALWAYS INCLUDE THE MOST RECENT DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

4.Your Representations and Warranties as a Member

In using the Workouts 247 Service, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past several months; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise or, if applicable engage in intermittent fasting, including without limitation pregnancy; or (B) your physician has specifically approved of your use of the Workouts 247 Service. You further affirm that you will not access the Service from within the European Economic Area.

5.General Disclaimers

Workouts 247 provides the Workouts 247 Service on an “as is” and “as available” basis. You therefore use the Workouts 247 Service at your own risk.

Workouts 247 expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Workouts 247 makes no representations or warranties:

O That the Workouts 247 Service, or any particular fitness or weight-loss program is suitable for you;

O Regarding the adequacy or safety of the Workouts 247 Service for any particular user;

O That the Workouts 247 Service will meet your personal needs;

O That the Workouts 247 Service will be permitted in your jurisdiction;

O That the Workouts 247 Service will be uninterrupted or error-free;

O Concerning any content submitted by any member;

O Concerning any third party’s use of content that you submit;

O That Workouts 247 will continue to support any particular feature of the Workouts 247 Service; or

O Concerning sites and resources outside of the Workouts 247 Service, even if linked to/from the Workouts 247 Service. Workouts 247 reserves the right to modify the Workouts 247 Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Workouts 247 Service.

Workouts 247 has no obligation to screen or monitor any content and does not guarantee that any content made available on the Workouts 247 Service complies with this Agreement or is suitable for all users. Workouts 247 shall not be responsible for loss or corruption

of data, and hereby waives all claims with respect to damage to your computer system, internet access, download or display device. To the extent that a secondary party may have access to or view Workouts 247 content on your computer or mobile device, you are solely responsible for informing such party of all provisions, terms, disclaimers and warnings in this Agreement. To the extent any disclaimer or limitation of liability in this Agreement does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Workouts 247 Service, and no warranties shall apply after such period.

6.Limitation of Liability

To the fullest extent permitted by law: (i) in no event shall Workouts 247, nor its affiliates, be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses; and (ii) Workouts 247’s, and its affiliates’ total liability to you shall not exceed the amounts paid by you to Workouts 247 over the twelve (12) months preceding your claim(s). IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO OBTAIN OR ACCESS THE SERVICE, SITE OR APPLICATIONS. Workouts 247 Coaching Service The Workouts 247 coaching service is intended solely as a general fitness informational means by which Members can communicate with Workouts 247 trainer coaches. WORKOUTS 247 DOES NOT REPRESENT IN ANY WAY THAT ANY NUTRITIONAL OR FITNESS ADVICE PROVIDED BY A TRAINER COACH CONSTITUTES QUALIFIED EXPERT ADVICE. If you encounter a Workouts 247 coach who is providing expert advice in violation of these principles, please contact us immediately at admin@Workouts247.com. You should always seek expert professional advice in nutritional and health matters, and should not rely on any opinions expressed through the Workouts 247 Service as expert opinions or advice.

7.Privacy

Your privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement. Please review the Privacy Policy to learn about:

o What information we may collect about you;

o What we use that information for; and

o When and with whom we share that information.

You agree that we may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, which may be gathered periodically to facilitate the provision of software updates, product support and other services related to the Workouts 247 Service.

CONSENT TO EMAIL: When you sign up for certain of our Services using email, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Service, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or third-party partners.

8.Payments

Auto-renewal and billing; Subscription Fees; Free Trial Terms.

  1. Unless you have selected a free version of a Workouts 247 Mobile Application, the Workouts 247 Services are paid, auto-renewing subscription services. You will be charged the stated subscription amount for the subscription period upon completion of your registration and submission of your payment information unless your membership includes a free trial period.
  2. Auto-Renewal. You are agreeing that upon expiration of the initial subscription period, your subscription will automatically renew for successive periods. You agree to automatic (recurring) billing, and agree to pay the charges made to your account in connection therewith. You will be billed at the then-current applicable subscription price plus any applicable taxes. We will process payment for any renewal subscriptions using the same billing cycle as your current subscription. Subscription fees may change at any time, to the fullest extent permitted under applicable law. Your Subscription, and monthly billing of your account, will continue indefinitely until cancelled by you. If you provide a payment method and our charge results in an overdraft, chargeback or other fee from your bank, you alone are responsible for that fee. EVEN IF YOU DO NOT USE THE SUBSCRIPTION OR ACCESS THE WORKOUTS 247 APPLICATION, YOU WILL BE RESPONSIBLE FOR ANY SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED.

For auto renewing subscriptions completed in our iOS mobile applications, the following terms apply:

  • Payment will be charged to iTunes Account at confirmation of purchase.
  • Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.
  • Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal.
  • Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase.
  • Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable.
  • You can cancel a free trial or subscription anytime by turning off auto-renewal through your iTunes account settings. This must be done 24hours before the end of a free trial or subscription period to avoid being charged. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free service.
  1. Free Trials. If you accepted an offer with a Free Trial for access to the Workouts 247 Site, your Workouts 247 membership begins when you have completed the Free Trial sign-up process (i.e., when we collect your personal and payment information). At the end of your 30-day Free Trial, you will begin to be billed automatically each month (about every 30 days) until you cancel. Once we begin to bill you, cancellations take effect starting at the end of your current billing period, meaning there are no partial month refunds or credits. If you cancel your Free Trial membership at anytime in the first thirty days (i.e., during the Free Trial period), you will not be charged.
  2. Pricing and Special Offers. The pricing of our Services may vary periodically. We cannot guarantee that the price of your Subscription is the lowest available, or historically lowest or best, price. You will be charged in accordance with the billing terms you agreed to at the time you signed up. At certain times, we may offer special promotional offers (“Special Offers”) that are billed at a discounted rate. These offers may have a different Free Trial period length, or no Free Trial period. In these cases, you will begin to be billed at the time payment information is collected, or, if a Free Trial is being offered, at the end of the special Free Trial period. Note: in these cases, our typical 30-day Free Trial will not apply. These terms will always be disclosed on the payment screen at the time of sign up, prior to our acceptance of payment. In all instances, you will continue to be automatically billed monthly after your Free Trial ends (or immediately if there is no Free Trial).
  3. Add-On Services. We refer to any additional, paid subscription Service we offer beyond the Workouts 247 Site and Applications as an “Add-On Service.” For example, our personalized Coaching service is an Add-On Service. Each Add-On Service is a separate subscription service and is subject to an additional monthly fee that automatically renews just like your regular subscription.
  4. Quarterly and Annual Subscriptions. We may offer Subscriptions to the Workouts 247 Site or other Services for a longer term (for example, 3 months, 6 months or even a year). These longer-term Subscriptions are charged in full upon purchase, and automatically renew for the same duration as the initial Subscription term you selected (for example, if you initially purchased a 3 month Subscription, your Subscription will automatically renew for three months; 6 month subscriptions will automatically renew for six months, and so on). The amount due for the next renewal term will be due and immediately payable in full and charged as of the first day of such renewal term. For users of the Workouts 247 Site, you can always cancel before your next renewal term by logging into your account, and following the cancellation instructions below (“How to Cancel”). If you purchased a subscription to one of Workouts 247’s mobile applications through the Apple Store, you can cancel by turning off auto-renewal through your iTunes account settings. This must be done 24 hours before the end of a free trial or subscription period to avoid being charged. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free service.
  5. Paused Subscriptions. If you use the Workouts 247 site, in circumstances in which you elect to pause your subscription, your account will automatically reactivate following the time period that you specified at the time of pausing, and we will then automatically start to bill you again. You will be responsible for payment upon reactivation regardless of whether or not you receive a reminder notice regarding the expiration of your paused status. By electing to pause your subscription, you agree and authorize Workouts 247 to bill your account starting at the expiration of your paused account status period.
  6. Changes to Workouts247.com Subscription Fees; Workouts 247 may increase its subscription fee for the Workouts 247 Site effective the first day of a billing renewal by giving you notice of the new fees at least thirty (30) days before you are billed. If you have and do not cancel your subscription, you will be deemed to have accepted the new fees.

9.Cancellation; Term and Termination; Account Deletion

HOW TO CANCEL.

If you are using the Workouts 247 Service through the Workouts 247 Site and you do not wish for your account to renew automatically, or if you want to change or terminate your subscription, first log into your account, and then click on the following link, or type in the following address

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