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These Terms of Use ("Terms") govern your use of the BodyPro Inc websites, any mobile application BodyPro Inc offers, training platform, physical training and exercise programs made available through the Website or the Apps or any other Internet site or service on which these Terms are presented, including its affiliates, successors, or assigns (collectively, the "Services"). BodyPro Inc. ("BodyPro Inc," "BodyPro Inc," "we," "us," or "our") offers the Services to you, subject to and conditioned on your acceptance of these Terms and the BodyPro Inc Privacy Policy, which is found at https://mybodypro.fit/en/privacy/ ("Privacy Policy").

By accessing, registering for, browsing, clicking a box to signify your consent on the app, or by executing an order form, creating an Account, using the Services or otherwise indicating your acceptance of these Terms, otherwise using the Services, you acknowledge that you have read, understood and agree to be bound by these Terms. If you are under 18, you represent that a parent, guardian, or school administrator has agreed to these Terms of Service on your behalf and consents to BodyPro Inc data collection practices as described under the Privacy Policy.

If you are an individual acting on behalf of a Customer that is a company or other legal entity, you hereby represent and warrant to BodyPro that you are authorized to enter into these Terms on behalf of Customer and to bind Customer to these Terms. BodyPro Inc may, at its sole discretion, revise these Terms from time to time, with the revised terms taking effect on the date of posting. Your continued use of the Services after the posting of such revisions constitutes your acceptance of the revised version of these Terms. You should review these Terms on a regular basis, as they are a legally binding agreement between you and BodyPro Inc. READ ALL OF THESE TERMS PRIOR TO ACCESSING OR USING THE SERVICES. IF YOU DO NOT INTEND TO ACCEPT THESE TERMS OR ENTER INTO A LEGALLY BINDING AGREEMENT WITH BODYPRO INC, YOU MAY NOT USE THE SERVICES.

Eligibility for Use of the Services

Any information you provide to BodyPro Inc. will be stored and managed as provided in our Privacy Policy and is subject to applicable United States laws and regulations.

Services offered in the United States: The Services are offered and available to users in the United States who are at least 13 years of age or older. By using the Services in the United States, you represent and warrant that you are 13 years of age or older. If you are 13 years of age but under 18 years of age, you may use the Services only with permission and supervision of your parent or legal guardian. If you do not meet all of these requirements, you must not access or use the Services.

Services offered in the European Union: The Services are offered and available to users in the European Union who are at least 16 years of age or older. By using the Services in the European Union, you represent and warrant that you are 16 years of age or older. If you are 16 years of age but under 18 years of age, you may use the Services only with permission and supervision of your parent or legal guardian. If you do not meet all of these requirements, you must not access or use the Services.

Services offered in the United Kingdom: The Services are offered and available to users in the United Kingdom who are at least 13 years of age or older. By using the Services in the United Kingdom, you represent and warrant that you are 13 years of age or older. If you do not meet all of these requirements, you must not access or use the Services.

Geographic Restrictions

BodyPro Inc, the owner of the Services, is based in the State of Delaware in the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so at your own risk and initiative and are responsible for compliance with local laws.

Acknowledgment of Risks Associated with Fitness Activities

The fitness, strength and conditioning, nutrition information, and recommendations provided by the Services are not intended as a substitute for medical advice from your health care provider. BodyPro Inc is not a medical organization. You acknowledge that all fitness activities, including strength training and conditioning, present inherent risk of possible physical stress and injury, and you acknowledge and agree to assume this entire risk in purchasing and using the Services. You further acknowledge that the Services and training recommendations are intended for specific users on specific input regarding those specific users and are not intended for the use of anyone besides those specific users.

You represent and warrant that you have consulted a licensed physician or doctor before using any of the Services, and any associated methods or practices, to ensure that there are no potential or foreseeable health or injury risks from your use of the Services.

The Services may include content and services provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by BodyPro Inc, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of BodyPro Inc. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Linking to the Website and Social Media Features

You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

The Website may provide certain social media features that enable you to: link from your own or certain third-party websites to certain content on the Website; send e-mails or other communications with certain content, or links to certain content, on the Website; or cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, and must not establish a link from any website that is not owned by you, cause the Website or portions of it to be displayed by framing or in-line linking on any other website, or take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms. We reserve the right to withdraw linking permission without notice.

Registration and Accounts on the Services

Some portions of the Services may permit or require you to create an account to participate or to secure additional benefits. You may register for one of the following types of accounts:

Administrative Staff Account: Allows supervising parties and affiliated organizations to create and monitor fitness programs in connection with group fitness activities.

Coaching Staff User Account: Allows group members to participate in fitness programs created and/or monitored by Administrative Staff Account users.

Personal Account: Allows individuals to use the Services for their individual benefit. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information. You also agree to promptly notify us at team@mybodypro.fit of any unauthorized use of your account or any other breach of security.

We may suspend or terminate your account and your ability to use the Services or portion thereof for failure to comply with these Terms or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.

Purchases Through the Services

Certain features or functionality of the Services may allow you to purchase products or services. You agree to pay for all products and services provided through BodyPro Inc that are ordered through your account. You authorize BodyPro Inc to charge your credit card (or other payment instrument) for any products or services purchased and for any additional amounts (including any applicable taxes, late fees, and associated bank fees) that may be accrued by or in connection with your account.

All purchases made directly through a BodyPro Inc representative or through BodyPro Inc website are final. Please note that if you purchase a subscription through the Apple iTunes Store or the Google Play Store, the sale is final and BodyPro Inc cannot provide a refund. Your purchase will be subject to Apple or Google's applicable payment policy.

Auto-Renewal: Membership fees will be billed automatically at the starting date of the month or year period, as applicable. These fees will auto-renew until your membership is downgraded or terminated.

Cancellation: If you signed up on https://app.mybodypro.fit or by executing an order form, you may cancel your membership by contacting us at https://mybodypro.fit or emailing us at team@mybodypro.fit. If you signed up through the Google Play or iTunes store, you may cancel your membership by downgrading through the corresponding store. The cancellation of a membership will go into effect at the end of your current billing cycle.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED: (1) WITH ALL FAULTS AS-IS AND AS-AVAILABLE; AND (2) WITHOUT ANY ASSURANCE, OR WARRANTY, CONDITION OR DUTY OF OR REGARDING: FUNCTIONALITY; PRIVACY; SECURITY; ACCURACY; AVAILABILITY; REPAIRS; LACK OF: NEGLIGENCE, INTERRUPTION, VIRUSES OR OF OTHER HARMFUL CODE OR TRANSMISSIONS. BODYPRO INC, OUR AFFILIATES, LICENSORS, SUPPLIERS, AND ADVERTISERS MAKE NO WARRANTY AND HEREBY DISCLAIM, WHETHER IMPLIED OR STATUTORY, ANY WARRANTY, INCLUDING ANY WARRANTY OF TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE.

User Conduct and Usage Restrictions

By using or accessing the Services, you represent, warrant, and agree that you will not: do anything that could disable, overburden or impair the proper working of the Services; restrict or inhibit any person from rightfully using the Services; transmit any virus, worm, Trojan Horse, spyware, or other harmful code; use any robot, spider, scraper or other automated means to access any portion of the Services; reverse engineer, decompile, or disassemble any portion of the Services; send spam or any other unauthorized advertisements through the Services; harvest, collect or use addresses, phone numbers or email addresses of users; impersonate any person or entity; or transmit any content that is threatening, hateful, or racially offensive.

BodyPro Inc's Proprietary Rights

You acknowledge and agree that the Services and any necessary software used in connection with the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or as authorized by BodyPro Inc, you agree not to modify, rent, lease, loan, sell, distribute, transmit, or create derivative works based on the Services or the Software, in whole or in part.

User Content

"User Content" is any information, graphic, text, image, software, sound file, video, communication, data, photograph, or other materials that are uploaded, submitted, posted, or otherwise made available to or on the Services by you or other users. You are responsible for all User Content that you make available to the Services and represent and warrant that you own or otherwise control any and all rights in and to such User Content.

You hereby grant us a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable worldwide license under all intellectual property rights you own or control to use, reproduce, transmit, display, distribute, modify, create derivative works based upon, and otherwise exploit such User Content, in whole or in part, in all media formats and channels now known or hereafter devised, for any and all purposes, all without further notice to you or any requirement of permission or payment.

Right to Remove User Content or Block Access

BodyPro Inc generally does not monitor, approve or have any control over any User Content. Nevertheless, BodyPro Inc or its designees, at BodyPro Inc's discretion, without any obligation and without notice at any time, may screen, filter, restrict, block, move, refuse, disable access to, remove, or modify User Content that does not meet the conduct guidelines described in these Terms or is otherwise objectionable.

Use of Customer Marks for Marketing Purposes

By agreeing to these Terms, you grant BodyPro Inc a non-exclusive, worldwide, royalty-free, perpetual license to use your name, trademarks, service marks, logos, or brand features ("Customer Marks") in our promotional materials, including marketing and advertising materials, presentations, case studies, and on our website, to identify you as a customer of BodyPro Inc. You may revoke this license at any time by providing written notice to BodyPro Inc.

Third-Party Content and Links

BodyPro Inc may make available links to websites operated by third parties. Making available any link to a website does not imply endorsement by BodyPro Inc. Products, services, and content offered through linked websites are subject to the terms and conditions of those respective websites. Following links to any other websites or web-based services is at your own risk.

Access to the Services

You may use the Services if and when it is available. Features may be unavailable or the experience may not be the same for every user at all times. BodyPro Inc does not guarantee the availability of any aspect of the Services or any particular feature. We reserve the right to change, remove, delete, restrict or block access to, or stop providing all or any part of the Services at any time without notice.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL BODYPRO INC, OUR AFFILIATES, LICENSORS, SUPPLIERS, OR ADVERTISERS BE LIABLE FOR, AND YOU CANNOT RECOVER, ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES. BODYPRO INC WILL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED FIFTY U.S. DOLLARS ($50.00). THIS IS YOUR EXCLUSIVE REMEDY.

Indemnification

You agree to release, discharge, defend, indemnify and hold harmless BodyPro Inc, its parents, subsidiaries, officers, directors, employees and agents from and against any claims, actions or demands, liabilities and settlements, including, without limitation, legal and accounting fees, related to or arising out of your use of the Services, including any User Content that you provide and your violation of any of these Terms.

Copyrights and Claims of IP Infringement

BodyPro Inc and its licensors retain full ownership, rights and protection in all material contained on the Services, including all intellectual property rights therein, with the exception of User Content. Except as otherwise expressly provided in these Terms, you may not copy, distribute, transmit, display, reproduce, publish, license, rewrite, create derivative works from, transfer or sell any material contained on the Services without the prior consent of BodyPro Inc or the copyright owner.

Our copyright agent can be reached by: Email: team@mybodypro.fit — Mail: BodyPro Inc., Attn: Copyright Agent, 4 Las Olas, Fort Lauderdale, FL 33301, USA.

Trademark Information

All trademarks, service marks and trade names of BodyPro Inc, its partners and licensors are trademarks or registered trademarks of BodyPro Inc or its affiliates, partners or licensors. You may not use, copy, reproduce, or modify the Marks in any way without BodyPro Inc's prior written consent.

Privacy Policy

Registration Data and certain other information about you are subject to our Privacy Policy, which is incorporated into these Terms by reference. For more information, see the full Privacy Policy at https://mybodypro.fit/en/privacy/.

Notices

BodyPro Inc may deliver notice to you under these Terms by means of electronic mail, a general notice on the Services, or by written communication delivered by U.S. mail. You may give notice to BodyPro Inc at any time by letter to: BodyPro Inc., 4 Las Olas, Fort Lauderdale, FL 33301, USA.

Updates to these Terms

We reserve the right to update these Terms from time to time. When we do, we will revise the "Last Updated" date at the top of these Terms. We encourage you to check this page periodically for any updates. Your continued use of the Services following the posting of an updated version of these Terms constitutes acceptance of the updated version.

General Provisions

These Terms and your use of the Services are governed by the internal substantive laws of the State of Delaware, without regard to conflict of law principles. You expressly agree that exclusive jurisdiction for any dispute with BodyPro Inc resides in the State of Delaware. If a court of competent jurisdiction holds any term, covenant or restriction of these Terms to be illegal, invalid or unenforceable, the remaining terms will remain in full force and effect.

Specific Information for Coaches and Supervising Parties

COACHES, SUPERVISING PARTIES, OTHER ADMINISTRATIVE ACCOUNT HOLDERS, AND AFFILIATED ORGANIZATIONS ("THE RESPONSIBLE PARTIES") MUST OBTAIN CORRECT PARENTAL CONSENT AS REQUIRED BY THEIR ORGANIZATIONAL POLICY AND MUST COMPLY WITH THE PRIVACY LAWS OF THEIR JURISDICTION, BEFORE ADDING ASSOCIATED USERS TO THE SERVICES.

Responsible Parties agree to hold BodyPro Inc harmless from any liability and indemnify against any losses, claims, damages, awards, penalties, or injuries from group participants while using BodyPro Inc's fitness programs. The Responsible Parties acknowledge that all participation in BodyPro Inc's fitness programs by Associated Users is done under the guidance and supervision of, and at the risk to, the Responsible Parties.

Force Majeure

If BodyPro Inc is prevented or delayed in providing the Services as a result of circumstances beyond its reasonable control, including acts of God, governmental acts or orders, failures of the Internet or any public telecommunications network, power failures, accidents, wars, terrorism, fires, floods, pandemics, or labor disputes, then BodyPro Inc will resume the Services as soon as reasonably practicable after the termination of the relevant circumstances.

Entire Agreement

These Terms, including our Privacy Policy and any Additional Terms, constitute the complete and exclusive statement of the agreement between you and BodyPro Inc with respect to their subject matter and supersede and merge all prior proposals and all other agreements, whether oral or written, between us relating to such subject matter.