Application Fitness Facility Terms of Use

Last Modified: 09/27/2024

Acceptance of the Fitness Facility Terms of Use

These Application Fitness Facility Terms of Use are entered into by and between You and Mind-Muscle Connection, LLC (“Company,” “we,” or “us“). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Fitness Facility Terms of Use“), govern your access to and use of the Company’s Application, including the Application located at https://mind-muscleconnection.com, including any content, functionality, and services offered on or through https://mind-muscleconnection.com (the “Application“), whether as a guest or a registered user. If you register as a Fitness Facility, you acknowledge that your use of the Application is also governed by the Application’s normal Terms of Use and any additional guidelines, requirements, Yeah or agreements we may implement, and incorporated herein by reference.

Please read the Fitness Facility Terms of Use carefully before you start to use the Application. By using the Application or by clicking to accept or agree to the Fitness Facility Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Fitness Facility Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Fitness Facility Terms of Use or the Privacy Policy, you must not access or use the Application.

This Application is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Application, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Application.

The Company is based in the State of Florida in the United States, and we provide this Application for use only by individuals located in the United States and its territories. We make no claims that the Application or any of its content is accessible, lawful, or appropriate outside of the United States. Access to the Application may not be legal by certain persons or in certain countries, and the Company disclaims all responsibility for any use of the Application that violates applicable law in a foreign jurisdiction.

If you access the Application from outside the United States, you do so at your own initiative and are responsible for compliance with local laws. You further agree that your use of the Application will not subject the Company to the laws or jurisdiction of any country or territory other than those of the United States, but will subject you to the laws of the United States and the state of Florida.

Geographic Restrictions

The owner of the Application is based in the State of Florida in the United States. We provide this Application for use only by persons located in the United States. We make no claims that the Application or any of its content is accessible or appropriate outside of the United States. Access to the Application may not be legal by certain persons or in certain countries. If you access the Application from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Independent Platform User Acknowledgment

Fitness Facility acknowledges and agree that they are professional users of the Application and not employees, agents, partners, joint venturers, franchisees, or contractors of the Company. Use of the Application to offer services does not create any employment, agency, partnership, joint venture, or other formal business relationship between the Fitness Facility and the Company. Fitness Facility acts independently and are solely responsible for their own business operations, taxes, insurance, and compliance with all applicable federal, state, and local laws, including those related to the provision of fitness or wellness services.

Fitness Facility Representations and Warranties

If you register or use the Application as a Fitness Facility, you represent, warrant, and agree that:

• You possess all licenses, certifications, insurance policies, and other credentials required by applicable federal, state, and local laws, rules, and regulations to lawfully offer and provide the services you promote through the Application. This includes maintaining valid and current qualifications in every jurisdiction in which you conduct or offer services, either in person or remotely;
• You will not provide any services that exceed the scope of your professional training, credentials, or legal authorization under applicable law;
• You are solely responsible for the quality, safety, legality, and appropriateness of the services you provide and for all interactions, engagements, and communications with users or clients obtained through the Application;
• You are not, and shall not hold yourself out to be, an employee, agent, joint venturer, or legal representative of the Company. You further agree that the Company is not responsible or liable for any acts or omissions by you in connection with the services you provide;
• You are solely responsible for obtaining any payments owed to you by clients for your services, subject to the platform’s terms and you acknowledge that the Company shall have no obligation to collect, enforce, or guarantee payment on your behalf.
• You agree to use the payment processing tools made available by the Company and not to circumvent those tools or accept payments off-platform for services arranged or initiated through the Application;
• You will not solicit, accept, or encourage any off-platform or unauthorized payments, side agreements, engagements, or business relationships with clients, users, or other individuals whom you meet, interact with, or come into contact with through the Application, for the purpose of avoiding platform fees or diverting business from the Application. You agree that all ongoing client relationships initiated through the Application shall continue to be transacted through the Application unless otherwise authorized in writing by the Company;
• You will comply with all applicable laws, including those related to professional conduct, advertising, consumer protection, and the handling of sensitive health-related or personal information.

Facility Access and Use Policies

The Facility agrees to maintain a safe, sanitary, and professionally managed environment for all clients, users, and guests who access its premises through the Application. Without limiting the foregoing, the Facility expressly agrees to the following:

• Safe and Sanitary Conditions: The Facility shall keep all fitness areas, equipment, restrooms, and common spaces in clean, safe, and operable condition. The Facility shall conduct regular maintenance and cleaning in accordance with industry standards and applicable public health regulations.
• ADA Compliance: The Facility represents and warrants that it complies with all applicable accessibility standards under the Americans with Disabilities Act (ADA), including providing reasonable accommodations for individuals with disabilities in access to services and facilities.
• Hours of Operation: The Facility agrees to maintain accurate and up-to-date information on its business hours, class schedules, and availability as displayed through the Application. Any changes to hours of operation must be promptly communicated and reflected through the Facility’s online profile.
• Access Control and Monitoring: The Facility is solely responsible for managing access to its premises, including verifying client check-ins, ensuring that only authorized individuals are permitted entry, and monitoring activities on-site. The Company is not responsible for the conduct or supervision of users while present at the Facility.

The Facility acknowledges that failure to maintain lawful, safe, and accessible premises may result in the suspension or removal of its listing from the Application, and may subject the Facility to further action in accordance with these Terms of Use.

Client Safety and Professional Conduct

As a Fitness Facility using the Application, you agree that you are solely responsible for evaluating the health, physical condition, and suitability of each client or user before providing any fitness-related services or guidance. You will not provide services that exceed your certifications, licenses, or qualifications, and you will refrain from offering medical, therapeutic, or nutritional advice unless you are duly licensed to do so under applicable law. You agree to advise all clients to consult with a licensed medical professional before beginning any new exercise, training, or wellness program.

You further agree to conduct yourself in a professional, respectful, and responsible manner at all times. Specifically, you agree to:

• Maintain a courteous and professional tone in all communications with clients, users, and other platform participants;
• Avoid making any false, misleading, or exaggerated claims regarding health outcomes, fitness results, or your own qualifications;
• Respect the privacy and dignity of all users and avoid engaging in any form of harassment, discrimination, or inappropriate behavior;
• Promptly report any known or suspected safety issues, client injuries, or complaints to the Company;
• Fully comply with all Company policies, platform guidelines, and applicable laws, including those governing fitness instruction, health disclosures, and online conduct.

Violation of these standards may result in suspension or termination of your account, removal of your content, and other actions deemed appropriate by the Company in its sole discretion.

Insurance Requirements

You agree to maintain, at your own expense, appropriate liability insurance coverage for the services you provide through the platform, including general liability and (if applicable) professional liability insurance.

Non-Solicitation of Platform Clients

Fitness Facility agrees not to solicit, divert, or attempt to circumvent the platform by offering or accepting payments outside of the platform from any user they met or interacted with through the Application. This restriction applies during the time they use the platform and for six (6) months thereafter. Violation of this clause may result in immediate termination of access, forfeiture of any outstanding compensation, and legal action.

Payment Terms

The Application may offer or facilitate online payment tools for users to purchase services, subscriptions, digital content, or other offerings from Fitness Facility through the platform. All payments made through the Application are subject to the terms set forth in this section.

You acknowledge and agree that any payments for services rendered by a Fitness Facility through the Application must be made through the platform’s designated payment system. Fitness Facility is prohibited from soliciting or accepting payment for services offered on the Application through alternative or unauthorized channels.

The Company may charge a transaction fee, processing fee, or other platform fee for payments made through the Application. The amount of such fee shall be determined by the Company in its sole discretion and may be updated from time to time. The applicable fee will be deducted automatically from the payment made by the client before remittance to the Fitness Facility. By using the Application to offer or purchase services, you agree to the applicable fees in effect at the time of the transaction.

Payments may be processed by the Company directly or by a third-party payment processor. By submitting your payment information, you authorize the Company and its designated third-party processor to process transactions and to store your payment information as necessary to complete the transaction and to comply with applicable law.

Subject to the Company’s standard processing schedules, and provided there are no disputes or holds, payments (less any applicable transaction fees) will be disbursed to Fitness Facility to the payment account they provide. The Company may delay disbursement for purposes including, but not limited to, fraud prevention, dispute resolution, or compliance with legal or regulatory obligations.

Fitness Facility is solely responsible for determining, collecting, reporting, and remitting any and all applicable taxes, duties, or other governmental assessments associated with services provided through the Application. The Company does not provide tax advice and will not be held liable for any tax obligations incurred by users.

All refund and chargeback requests are subject to the Company’s refund policy in effect at the time of the transaction. The Company reserves the right to withhold amounts from disbursement to Fitness Facility to satisfy refund obligations, resolve chargebacks, or otherwise comply with applicable law. Users and Fitness Facility agrees to cooperate in good faith in resolving any disputes arising from payment issues.

The Company reserves the right to change its transaction fees, processing fees, or other charges at any time upon reasonable notice to users. Continued use of the Application following such notice constitutes agreement to the revised fee schedule.

Subscription Billing

From time to time, the Company may offer subscription-based access to certain features, services, or content available on the Application, including ongoing access to Fitness Facility services, digital programs, or exclusive group offerings (“Subscription Services”). If introduced, the following terms will apply:

If you enroll in any Subscription Service, you authorize the Company to automatically charge the payment method on file at the recurring intervals disclosed at the time of purchase (e.g., monthly or annually) until you cancel your subscription in accordance with the applicable cancellation policy.

The Company may, at its discretion, offer limited-time trials or introductory pricing for Subscription Services. Upon the expiration of any trial or promotional period, the full subscription rate will apply unless canceled prior to renewal.

If subscription billing is implemented, users will be able to manage or cancel their subscriptions through their account settings. Unless otherwise stated, cancellations will take effect at the end of the current billing cycle, and no refunds will be issued for partial periods. The Company reserves the right to modify its cancellation and refund policy upon reasonable notice.

Subscription fees may be modified at the Company’s discretion, and users will be notified of any changes in advance. Continued use of the Subscription Services after the effective date of the fee change constitutes agreement to the new pricing.

All subscriptions will renew automatically at the end of each billing cycle unless canceled prior to the renewal date. You are responsible for ensuring that your billing information is current to avoid service interruptions.

Accessing the Application and Account Security

Fitness Facility may be required to provide proof of licensure, certification, insurance, or other qualifications as a condition of account approval or continued use of the Application. We reserve the right to withdraw or amend this Application, and any service or material we provide on the Application, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Application is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Application, or the entire Application, to users, including registered users.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Application.
• Ensuring that all persons who access the Application through your internet connection are aware of these Fitness Facility Terms of Use and comply with them.

To access the Application or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Application that all the information you provide on the Application is correct, current, and complete. You agree that all information you provide to register with this Application or otherwise, including, but not limited to, through the use of any interactive features on the Application, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Application or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Fitness Facility Terms of Use.

Compliance with Privacy and Health Information Laws

You agree to comply with all applicable federal, state, and local laws governing the collection, use, storage, and disclosure of personal, health-related, or sensitive information obtained from users through the Application or in connection with your services. If you collect or access any health information that is protected under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) or any similar state law, you represent and warrant that you will handle such information in strict compliance with all applicable privacy and security requirements. You further agree not to collect, store, or share any health or medical information unless legally permitted to do so and unless necessary to provide your services.

Any misuse, unauthorized disclosure, or unlawful handling of user information may result in immediate termination of your account and referral to law enforcement or regulatory authorities, in addition to any civil or criminal liability you may incur.

Intellectual Property Rights

The Application and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Fitness Facility Terms of Use permit you to use the Application for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Application, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print one copy of a reasonable number of pages of the Application for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Application or any services or materials available through the Application.

If you wish to make any use of material on the Application other than that set out in this section, please address your request to: contact@mind-muscleconnection.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Application in breach of the Fitness Facility Terms of Use, your right to use the Application will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Application or any content on the Application is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Application not expressly permitted by these Fitness Facility Terms of Use is a breach of these Fitness Facility Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the terms Mind-Muscle, and all trade names used by the Company and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Application are the trademarks of their respective owners.

User Contributions

The Application may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Application.

All User Contributions are owned by you, and you must comply with the Content Standards set out in these Fitness Facility Terms of Use. If you are a Fitness Facility, you acknowledge and agree that any health, fitness, or wellness information you post, share, or distribute through the Application is your own responsibility and must comply with all applicable laws and industry standards. You further represent that you possess the appropriate qualifications, training, and expertise to provide such content.

Content Responsibility and License

If you are a Fitness Facility and choose to upload, post, submit, or otherwise share User Contributions, including, videos, photos, training materials, workout plans, or any other content through the Application, you retain ownership of your original content. However, by posting or submitting any User Contribution, you hereby grant the Company and its affiliates, service providers, licensees, successors, and assigns a worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly display, and otherwise exploit such content in connection with the Application, for marketing, promotional, and commercial purposes in any media format and through any media channels, whether now known or hereafter developed.

Without limiting the foregoing, you specifically grant the Company and its affiliates the right to use, reproduce, display, and distribute any User Contributions that include your name, image, likeness, voice, and biographical details for promotional, advertising, and public-facing media, including use on the Application, in the mobile application, and in digital advertisements. You acknowledge and agree that such uses may occur without further notice to you, approval from you, or compensation to you, and you hereby waive any right to inspect or approve the finished product or the context in which it appears.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the legal authority to grant the license set forth above;
• The User Contributions do not infringe or violate the intellectual property rights, privacy rights, publicity rights, or any other rights of any third party;
• All User Contributions comply with these Fitness Facility Terms of Use and all applicable laws and regulations.

You understand and agree that you are solely responsible for all User Contributions you submit or share, and you, not the Company, assume full responsibility for the legality, reliability, accuracy, and appropriateness of such content. The Company assumes no responsibility and disclaims all liability for any User Contributions posted by you or any other Fitness Facility or user of the platform.

Prohibited Uses

You may use the Application only for lawful purposes and in accordance with these Fitness Facility Terms of Use. You agree not to use the Application:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Fitness Facility Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Application, or which, as determined by us, may harm the Company or users of the Application, or expose them to liability.

Additionally, you agree not to:

• Use the Application in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Application, including their ability to engage in real time activities through the Application.
• Use any robot, spider, or other automatic device, process, or means to access the Application for any purpose, including monitoring or copying any of the material on the Application.
• Use any manual process to monitor or copy any of the material on the Application, or for any other purpose not expressly authorized in these Fitness Facility Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Application.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Application, the server on which the Application is stored, or any server, computer, or database connected to the Application.
• Attack the Application via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Application.

If you are a Fitness Facility, in addition to the above, you agree not to misrepresent your qualifications, provide medical advice without a license, or solicit clients outside the platform in a manner that violates our terms.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Fitness Facility Terms of Use and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Groups

The Application may allow users to create or participate in user-generated groups (“Groups”) that facilitate communication, coordination, or sharing among users with similar fitness goals, interests, or affiliations. All Groups are considered Interactive Services under these Fitness Facility Terms of Use and are subject to the same standards applicable to User Contributions, including but not limited to the Content Standards and restrictions on unlawful, harmful, or inappropriate content.

Users who create Groups (“Group Creators”) are responsible for the administration, moderation, and content of their Groups. By creating a Group, you agree to:

• Monitor the content, discussions, and activity within the Group to ensure compliance with these Fitness Facility Terms of Use;
• Promptly remove or report any content or users that violate the Content Standards or engage in harassment, abuse, misinformation, or other conduct that may expose the Company or other users to risk;
• Maintain a respectful, lawful, and constructive environment consistent with the intended purpose of the Group;
• Acknowledge that you are responsible for all content posted by you or by other users within the Group, and that you, not the Company, bear full legal and reputational responsibility for the Group and its contents.

The Company reserves the right, but does not undertake the obligation, to monitor, review, remove, or disable access to any Group or group-related content at any time, for any reason or no reason, including but not limited to violations of these Fitness Facility Terms of Use, the failure of the Group Creator to monitor activity appropriately, or any other behavior deemed harmful to the Application, its users, or the public. The Company may close any Group at any time and for any reason.

Group Creators may be removed or restricted from creating or managing future Groups if they fail to uphold the responsibilities outlined in this section. The Company shall not be liable for any loss, harm, or damage arising from the creation, use, participation in, or removal of any Group or related content.

Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion, and by posting User Contributions you acknowledge the possibility that our removal or refusal to post such User Contribution may result in the loss of User Contributions.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Fitness Facility Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Application or the public, or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Application.
• Terminate or suspend your access to all or part of the Application for any or no reason, including without limitation, any violation of these Fitness Facility Terms of Use.
• Suspend or terminate the account of any Fitness Facility who misrepresents their credentials, provides unlawful advice, or otherwise violates our policies or harms the integrity of the platform.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Application. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on the Application, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Changes to the Fitness Facility Terms of Use

We may revise and update these Fitness Facility Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Application thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Application.

Your continued use of the Application following the posting of revised Fitness Facility Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Changes to the Application

We may update the content on this Application from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Application may be out of date at any given time, and we are under no obligation to update such material.

Reliance on Information Posted

The information presented on or through the Application is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Application, or by anyone who may be informed of any of its contents.

This Application may include content 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 the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. 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.

Links from the Application

If the Application contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Applications linked to this Application, you do so entirely at your own risk and subject to the terms and conditions of use for such Applications.

Linking to the Application and Social Media Features

You may link to our homepage, 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.

This Application may provide certain social media features that enable you to:

• Link from your own or certain third-party Applications to certain content on this Application.
• Send emails or other communications with certain content, or links to certain content, on this Application.
• Cause limited portions of content on this Application to be displayed or appear to be displayed on your own or certain third-party Applications.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we may provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any Application that is not owned by you.
• Cause the Application or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Application other than the homepage.
• Otherwise take any action with respect to the materials on this Application that is inconsistent with any other provision of these Fitness Facility Terms of Use.

The Application from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Fitness Facility Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Copyright Infringement

If you believe that any content or User Contributions on the Application infringe your copyright, please refer to our Copyright Policy for instructions on how to submit a notice of copyright infringement. The Copyright Policy explains our procedures for addressing alleged infringement. We reserve the right to remove infringing content and the termination of user accounts for offenders. Your use of the Application in relation to any intellectual property is subject to the terms set forth in the Copyright Policy.

Privacy and Data Collection

All information we collect through the Application is governed by our Privacy Policy, which explains how we collect, use, store, and disclose your personal information. By accessing or using the Application, you consent to the practices described in the Privacy Policy. Additionally, users located in jurisdictions with enhanced data protection laws should review our Consumer Health Data Privacy Policy for more information about how we handle sensitive health-related data, where applicable.

Online Purchases

All purchases or transactions made through the Application—including the purchase of goods, services, or access to features—are governed by our Terms of Sale. The Terms of Sale contain important information about pricing, billing, refunds, shipping, and related matters. By placing an order through the Application, you agree to be bound by the Terms of Sale, which are incorporated by reference into these Fitness Facility Terms of Use.

Other Terms and Conditions

Your use of specific portions, services, or features of the Application may also be subject to additional terms and conditions, including but not limited to the following:

• Fitness Facility Fitness Facility Terms of Use
• Terms of Use
• Application End User License Agreement (EULA)
• Application Fitness Facility License Agreement
• Application Fitness Facility License Agreement
• App Privacy Policy

These supplemental terms apply based on your role, the services you use, and the platform (web or devise) you access. To the extent any of these additional terms conflict with these Fitness Facility Terms of Use, the more specific agreement shall control as to the subject matter it governs.

Disclaimer of Warranties

You understand and acknowledge that participation in and providing fitness activities—whether conducted at a gym, training studio, or other physical location—carries inherent risks of physical injury, including serious bodily harm or death. The Company provides a digital platform that connects users with independent fitness facilities, gyms, and similar establishments (collectively, “Fitness Facilities”), as well as with personal trainers, coaches, and other professionals (collectively, “Fitness Professionals”).

All advice, programs, services, and information made available through the Application—whether provided by Fitness Facilities, Fitness Facility, users, or third parties—is for general informational purposes only. The Company does not warrant or guarantee the safety, effectiveness, accuracy, or appropriateness of any advice, recommendations, programs, or services made available through the Application, device application, or mobile applications, nor does it endorse or recommend any particular facility, professional, or training methodology.

The Company does not verify, endorse, or guarantee the credentials, certifications, qualifications, licenses, or experience of any Fitness Facility or Fitness Facility listed on or accessed through the Application. It is your sole responsibility to evaluate the competence, suitability, and background of any Fitness Facility or Fitness Facility before engaging in any activity, service, or program they offer.

You are solely responsible for evaluating your physical health, determining the suitability of any activity, and consulting with a qualified healthcare provider before beginning any new fitness or health-related program. You assume full responsibility for any injury or harm that may result from your participation in any activity or reliance on any information made available through the Application.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Application will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY APPLICATION LINKED TO IT.

YOUR USE OF THE APPLICATION, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION IS AT YOUR OWN RISK. THE APPLICATION, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APPLICATION. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE APPLICATION, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APPLICATION, ANY APPLICATIONS LINKED TO IT, ANY CONTENT ON THE APPLICATION OR SUCH OTHER APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (“Indemnified Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including reasonable attorneys’ fees (“Claims”) arising out of or relating to your violation of these Fitness Facility Terms of Use or your use of the Application, including, but not limited to, your User Contributions, any use of the Application’s content, services, and products other than as expressly authorized in these Fitness Facility Terms of Use, or your use of any information obtained from the Application. Specifically, any Fitness Facility and/or Fitness Facility agrees to indemnify, defend, and hold harmless the Indemnified Parties from and against any and all Claims arising out of or relating to any interaction, transaction, conduct, act, or omission between any Fitness Facility and/or Fitness Facility and any third party, including but not limited to users of the platform, including arising from your services, advice, representations, or use of the platform.

Governing Law and Jurisdiction

All matters relating to the Application and these Fitness Facility Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).

Without reducing the obligation to arbitrate disputes, any legal suit, action, or proceeding arising out of, or related to, these Fitness Facility Terms of Use or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in the City of Orlando and County of Orange, although we retain the right to bring any suit, action, or proceeding against you for breach of these Fitness Facility Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

Any dispute, controversy, or claim arising out of or relating to these Fitness Facility Terms of Use, or your use of the Application, including disputes concerning their interpretation, breach, validity, performance, or termination, shall be resolved by final and binding arbitration administered by the American Arbitration Association in accordance with its Rules of Arbitration. The arbitration shall be conducted by a single arbitrator in Orlando, Florida, and the proceedings shall be confidential. The arbitrator shall apply the laws of the State of Florida, without regard to its conflict of law principles. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

WAIVER OF CLASS ARBITRATION NOTWITHSTANDING THE OBLIGATION TO ARBITRATE DISPUTES, THE PARTIES AGREE TO ARBITRATE OR LITIGATE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS AGREEMENT DOES NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING, LITIGATION, OR ANY OTHER PROCEEDING. THE ARBITRAL TRIBUNAL OR COURT MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Fitness Facility Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Fitness Facility Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Fitness Facility Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Fitness Facility Terms of Use will continue in full force and effect.

Entire Agreement

The Fitness Facility Terms of Use, and our Privacy Policy, and Terms of Sale, and Copyright Policy constitute the sole and entire agreement between you and Mind-Muscle Connection, LLC regarding the Application and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Application.

Your Comments and Concerns

This Application is operated by Mind-Muscle Connection, LLC, 119 Lancha Circle, Apt. 201, Indian Harbour Beach, FL 32937.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.

All other feedback, comments, requests for technical support, and other communications relating to the Application should be directed to: contact@mind-muscleconnection.com.