Part I: Terms of Use

Part II: Privacy Policy

I. Terms of Use

HOMEGYM CONCEPTS LLC

TERMS OF SERVICE

Last Updated: September 15, 2023

Welcome, and thank you for your interest in HomeGym Concepts LLC (“HomeGym,” “we,” “our,” or “us”). These terms of service (“Terms”) establish the terms and conditions that apply to you when you use the Service (as defined below).

BY USING THE SERVICE OR BY CLICKING “I AGREE” YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND YOUR AGREEMENT TO BE BOUND BY THESE TERMS, AS WELL AS ALL APPLICABLE LAWS AND REGULATIONS. YOU ARE NOT PERMITTED TO USE THE SERVICE IF YOU DO NOT AGREE TO THESE TERMS. THESE TERMS CAN BE CHANGED, MODIFIED, SUPPLEMENTED, AND/OR UPDATED BY HOMEGYM AT ANY TIME. WE WILL ENDEAVOR TO PROVIDE YOU WITH PRIOR NOTICE OF ANY MATERIAL CHANGES TO THESE TERMS. YOUR CONTINUED USE OF THE SERVICE AFTER THE MODIFICATION OF THESE TERMS MEANS THAT YOU ACCEPT ALL SUCH CHANGES. ACCORDINGLY, YOU ARE ADVISED TO CONSULT THESE TERMS EACH TIME YOU ACCESS THE SERVICE IN ORDER TO VIEW ANY CHANGES. THESE TERMS WERE LAST MODIFIED AS OF THE DATE INDICATED ABOVE.

AS DESCRIBED BELOW, THESE TERMS PROVIDE FOR THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. YOU CAN OPT-OUT OF THIS AGREEMENT TO ARBITRATE BY CONTACTING SUPPORT@HOMEGYM-CONCEPTS.COM WITHIN 30 DAYS AFTER FIRST ACCEPTING THESE TERMS AND STATING THAT YOU (INCLUDE YOUR FIRST AND LAST NAME) DECLINE THIS AGREEMENT TO ARBITRATE.

1. Use of the Service.

A. Service. The “Service” includes HomeGym’s websites located at https://www.homegym-concepts.com (the “Site”), as may be updated, relocated, or otherwise modified from time to time, all content, functionality, and services HomeGym makes available through the Site, and all intellectual property contained therein. The Service helps people design their own at-home gym. Any person who accesses and/or uses the Service, whether on his or her own behalf or on behalf of any third party, will be referred to herein as a “HomeGym User.”

B. Service Restrictions. Your HomeGym account is personal to you and you may not share your use of the Service to, third parties, including other HomeGym Users. To use the Site, you must have access to the Internet.

C. License. Subject to your compliance with these Terms, HomeGym hereby grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Service, solely in the manner intended by HomeGym. Unless otherwise specified in writing, the Service is solely for your personal use and not for resale.

D. Deactivation. HomeGym may, at any time and without notice to you: (1) restrict, deactivate, and/or terminate your access to the Service (or any portion thereof); or (2) terminate or modify the Service (or any portion thereof). HomeGym will not be liable to you or any third party for any termination of or modification to the Service regardless of the reason for such termination or modification. If you are dissatisfied with any termination or modification of the Service, your only right is to terminate your use of the Service.

E. Privacy Policy. HomeGym’s policy with respect to the collection and use of your personally identifiable information is set in our Privacy Policy. By accepting these Terms, you acknowledge your agreement with HomeGym’s Privacy Policy.

2. Registration, Accounts, Passwords and Security.

A. Accuracy of Information. If you provide any information to HomeGym that is untrue, inaccurate, not current, or incomplete, HomeGym may terminate these Terms and your continued access and use of the Service.

B. Eligibility.

  1. You represent and warrant that you are at least 18 years of age and that you have not been previously suspended or removed from the Service. THE SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 18 OR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY HOMEGYM. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER.

  2. If you are using the Service on behalf of an individual, company, entity, or organization (each, an “Organization”), you represent and warrant that: (a) you are an authorized representative of such Organization with the authority to bind such Organization to these Terms; (b) you agree to be bound by these Terms on behalf of such Organization; and (c) such Organization meets the eligibility requirements for the Service, as set forth in these Terms. You will be solely responsible for ensuring your Organization complies with these Terms.

C. Credentials. You are entirely responsible for maintaining the security and confidentiality of any account credentials HomeGym provides. You agree to notify HomeGym immediately of any unauthorized use of your account or any other breach of security. To notify us, contact us at support@homegym-concepts.com. You are responsible for all use of the Service occurring under your account and all content posted using your account elsewhere on the Service. HomeGym will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. You may be held liable for any losses incurred by HomeGym or another party due to someone else using your account.

3. Your Responsibilities. You may use the Service solely for lawful purposes, as intended through the provided functionality of the Service. You may not use the Service in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Service. You may not attempt to gain unauthorized access to the Service, user accounts, or computer systems or networks, through hacking, password mining, or any other means. Without limiting any of the foregoing, you may not (and you may not allow or assist any third party to):

  1. use, copy, install, transfer, or distribute the Service, except as specifically described in these Terms;

  2. modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Service;

  3. remove or alter any copyright, trademark, or other proprietary rights notices contained in or on the Service or in or on any content or other material obtained through the Service or the use of the Service;

  4. create user accounts by automated means or under false or fraudulent pretenses;

  5. probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;

  6. reformat, mirror, or frame any portion of the web pages that are part of the Service;

  7. express or imply that any statements you make are endorsed by us, without our prior written consent in each instance;

  8. post or transmit: (1) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable, or any content or information that includes offensive language (e.g., words that are customarily considered “curse words”) or nudity, or infringes on our or any third party’s intellectual property or other rights; (2) any material, non-public information about individuals or companies without the authorization to do so; (3) any trade secret of any third party; and/or (4) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us), or engage in spamming or flooding;

  9. transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;

  10. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;

  11. harvest or collect information about Partners or other HomeGym Users without their prior written consent;

  12. undertake, cause, permit, or authorize the translation, reverse engineering, disassembling, or hacking of any aspect of the Service, or attempt to do any of the foregoing, except and solely to the extent described in these Terms, the Service’s authorized features, or by law, or otherwise attempt to use or access any portion of the Service other than as intended by HomeGym;

  13. access, tamper with, or use non-public areas of the Service, HomeGym’s (and its service providers’) computer systems and infrastructure, or the technical delivery systems of HomeGym’s service providers;

  14. harass, abuse, harm, or advocate or incite harassment, abuse, or harm of another person or group, including HomeGym employees, Partners, and other HomeGym Users;

  15. create a new account with HomeGym, without HomeGym’s express written consent, if HomeGym previously disabled an account of yours;

  16. solicit, or attempt to solicit, personal information from Partners or other HomeGym Users, except as permitted through the Service’s functionality;

  17. restrict, discourage, or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of such person, or collect information about HomeGym Users;

  18. gain unauthorized access to the Service, to Partners’ or other HomeGym Users’ accounts, names, or personally identifiable information, or to other computers or websites connected or linked to the Service;

  19. violate any applicable federal, state, or local laws, regulations, or these Terms;

  20. use the Service for any illegal, inappropriate, and/or unauthorized conduct, including using the Service to contact other HomeGym Users or Partners for sexual or other inappropriate purposes, or using the Service in violation of HomeGym’s or any third party's intellectual property or other proprietary or legal rights; or

  21. use or access the Service to build a competing service.

We may take any legal action and implement any technical remedies to prevent the violation of these provisions and to enforce these Terms.

4. Consent to Electronic Communications.

A. Consent to Electronic Communications. By using the Service or providing Personal Information (as defined in the Privacy Policy) to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you, if we have your email address. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at support@homegym-concepts.com.

B. Opt Out. If you wish to remove yourself from any mailing list, please follow the unsubscribe instructions provided in the email you receive.

C. Charges. Depending on your current carrier plan, you may incur charges for Texts and Notifications and you agree to not hold HomeGym liable for any charges incurred. Any terms between you and any third-party provider create no obligation or responsibility on the part of HomeGym, and HomeGym is not responsible for any failure of warranty by any such third party.

D. Message Delivery. HomeGym cannot control certain factors relating to message delivery. Depending on your mobile carrier’s service, it may not be possible to transmit a text message to you successfully. We have no liability for transmission delays or message failures.

5. Content Submitted to the Service.

A. Materials. By sending or transmitting to us information, opinions, creative suggestions, ideas, notes, concepts, or other materials (collectively, “Materials”), or by posting such Materials to any area of the Service, you grant HomeGym and its designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable license to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale, and import such Materials in any media now known or hereafter developed, for the purpose of providing, enhancing, and developing the Service, without compensation to you. We will never use your name in connection with any of your Materials that we use in our own advertising and marketing materials without obtaining your prior consent. You hereby waive any moral rights or other rights with respect to attribution of authorship regarding Materials that you may have under applicable law. None of the Materials will be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we will not be liable for any use or disclosure of any Materials. HomeGym may remove or alter any Materials at any time for any reason. We neither endorse nor are responsible for any opinion, advice, information, or statement made or displayed on the Service by any HomeGym User. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages, or for any results obtained from the use of such information. Under no circumstances will HomeGym and/or its affiliates, suppliers, or agents be liable for any loss or damage caused by your reliance on such information obtained through the Service. We cannot and do not take responsibility for the veracity, reliability, or completeness of any opinion, advice, information, or statement available on the Service.

B. Monitoring. The opinions expressed on the Service by HomeGym Users (including Partners) reflect solely the opinions of such HomeGym Users and do not reflect the opinions of HomeGym. We have the right (but not the obligation) to: (1) monitor the Service and Materials; (2) alter or remove any Materials; and (3) disclose Materials and the circumstances surrounding their transmission to any third party in order to operate the Service, protect ourselves, our sponsors, and our members and visitors, and to comply with legal obligations or governmental requests. If you believe any content violates our member policies, please contact HomeGym immediately at support@homegym-concepts.com so that we can consider its editing or removal.

C. Rights in Materials. You are solely responsible for your Materials and the consequences of posting them on the Service. By posting Materials, you represent, warrant, and covenant that: (1) you are the creator and owner of the Materials or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your Materials do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (b) slander, defame, or libel any other person; (3) your Materials do not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and (4) unless you have received prior written authorization, your Materials do not contain any confidential information of any third party. We reserve all rights and remedies against any HomeGym Users who breach these representations and warranties.

D. Sending Messages. The Service may allow HomeGym Users and Partners to exchange messages (“Messages”) with each other. Sending Messages is a privilege, not a right, and HomeGym may terminate such privileges of any HomeGym User at any time and for any reason, without any liability to such HomeGym User. Harmful, obscene, or offensive communications are not welcome in any Messages. If a HomeGym User sends you an objectionable Message, please notify us by sending an e-mail to support@homegym-concepts.com. You should exercise discretion, good sense, and sound judgment when sending a Message. You are solely responsible for the content of any Message you send. You agree that HomeGym may monitor Messages for compliance with these Terms, and therefore, Messages should not include confidential or proprietary information. You hereby grant us an assignable, sublicensable, irrevocable license to reproduce and transmit your Messages in connection with facilitating transfer to the intended recipient through the Service and for such other purpose as HomeGym may deem appropriate in its sole discretion.

6. Payment Terms and Payment Processing.

A. Generally. Access to the Service, or to certain features of the Service, may require you to pay fees. Before you pay any fees, you will have an opportunity to review the fees that you will be charged before you accept them.

B. Fees. All fees are in U.S. Dollars and are non-refundable. HomeGym may change the fees for the Service or any feature of the Service, including by adding fees, on a going-forward basis at any time. If HomeGym changes the fees for the Service, including by adding additional fees or charges, you will be provided advance notice of those changes and the opportunity to accept the changes. If you do not accept the changes, HomeGym may discontinue providing the Service to you.

C. Products.

  1. Risk of Loss. Title to and risk of loss for all products you purchase through the Service (“Products”) will pass to you upon our service provider’s delivery to the carrier of the Product.

  2. Shipping and Returns. You are responsible for payment of all shipping charges, both for initial purchases of any Products and for returns, unless otherwise indicated by HomeGym. HomeGym does not take title to returned Products until the Product arrives at HomeGym’s fulfillment center. For more information about returns, please review our Returns Policy.

  3. Product Descriptions. HomeGym does not warrant that any Product descriptions are accurate, complete, reliable, current, or error-free. If any Product is not as described, your sole remedy is to return it in unused condition. HomeGym cannot guarantee that a Product is available or that its price will match its description until you order such Product. If a Product is unavailable or the correct price of a Product is higher than the price in the Product description, HomeGym may contact you for instructions before shipping or cancel your order and notify you of such cancellation.

  4. Third-Party Products. The Service may display product listings for products from its third-party service providers (including Etsy, Shopify, and Squarespace). These third parties are not affiliated with HomeGym, and HomeGym does not assume any responsibility for their products or product listings.‍

7. Contests. HomeGym may provide contests on the Service. The rules, regulations, and procedures governing such contests (“Contest Rules”) will be accessible through a hypertext link displayed on the web page where the contest or game may be located. By entering or participating in any of our contests or games, you agree to be subject to those rules, regulations, and procedures as well as these Terms. If there is a conflict between any Contest Rules and these Terms, the applicable Contest Rules will govern.

8. Term and Termination.

A. Term. The term of these Terms will commence on the date on which you first access or utilize the Service in any way and will continue so long as you continue to access or utilize the Service, unless earlier terminated by HomeGym.

B. Termination and Other Remedies. HomeGym may take whatever lawful actions it may deem appropriate in response to actual or suspected violations of these Terms including termination of these Terms, the suspension or termination of your access and/or account, or blocking you from access to the Service.

C. Effect of Termination. The following Sections of these Terms will survive termination or expiration of these Terms: 1.A, 1.B, 1.D, 1.E, 2.C, 2.D, 3–7, 8.C, and 9–30.

9. Ownership.

A. Proprietary Information. You acknowledge and agree that: (1) the Service, including any content, modifications, enhancements and updates, and any originals and copies thereof, in whole or in part, and all intellectual property rights therein (collectively, “Proprietary Information”), is owned by HomeGym and its licensors, as applicable; (2) the Proprietary Information contains valuable copyrighted and proprietary material of HomeGym; (3) the Proprietary Information is licensed, rather than sold, to you pursuant to these Terms; and (4) you have no rights in the Proprietary Information, other than the rights and licenses specifically granted to you pursuant to these Terms.

B. Trademarks. You acknowledge that HomeGym has acquired, and is the owner of, trademark rights in the name and word mark "HomeGym" and in the other marks and design marks displayed on the Service. You acknowledge that this name and these marks are famous and internationally known. You will not, at any time or for any reason, challenge the validity of, or HomeGym’s ownership of, the foregoing name and marks, and you waive any rights you may have at any time to do so. You may not use our name or marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. All use of the foregoing name and marks by you will inure exclusively to the benefit of HomeGym. All marks shown on the Service but not owned by HomeGym are the property of their respective owners.

10. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by HomeGym infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:

  1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  2. identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Service are covered by a single notification, a representative list of such works);

  3. identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow HomeGym to locate the material on the Service;

  4. the name, address, telephone number, and email address (if available) of the complaining party;

  5. a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  6. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send HomeGym a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see www.copyright.gov for details. Notices and counter-notices with respect to the Service should be sent to HomeGym via email at support@HomeGym-Concepts.com or via mail at:

HomeGym Concepts LLC

ATTN: Legal

305 East 51st Street

New York, NY

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

11. Disclaimer of Warranty.

A. DISCLAIMER. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND PRODUCTS ARE PROVIDED “AS IS” WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. YOU ACKNOWLEDGE THAT, BECAUSE OF THE NATURE OF THE INTERNET, MOBILE NETWORKS, AND THE DEVICES WHICH ACCESS THE INTERNET AND/OR MOBILE NETWORKS, THE SERVICE MAY NOT BE ACCESSIBLE WHEN NEEDED, AND THAT INFORMATION, DATA, AUDIO, AND VIDEO TRANSMITTED OVER THE INTERNET AND/OR MOBILE NETWORKS MAY BE SUBJECT TO INTERRUPTION OR THIRD-PARTY INTERCEPTION AND MODIFICATION. TO THE FULLEST EXTENT PERMITTED BY LAW, HOMEGYM DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE. TO THE FULLEST EXTENT PERMITTED BY LAW, NONE OF HOMEGYM, ITS AFFILIATES OR SERVICE PROVIDERS, HOMEGYM’S CONTENT PROVIDERS, AND/OR THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, EMPLOYEES, AGENTS, AND/OR CONTRACTORS (COLLECTIVELY, THE “HOMEGYM PARTIES”) WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE SERVICE. HOMEGYM CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES, OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, THE INTERNET, ANY PRODUCTS, OR FOR YOUR MISUSE OF ANY CONTENT AND INFORMATION ACCESSED THROUGH THE SERVICE. YOUR USE OF THE SERVICE AND YOUR RELIANCE UPON ANY OF THE RESPECTIVE CONTENT IS AT YOUR SOLE RISK.

B. Third-Party Information. You acknowledge that any information you obtain from another HomeGym User or a Partner comes from those individuals, and not from HomeGym, and that HomeGym, to the fullest extent permitted by law, is not in any way responsible for any of the information these third parties may supply or for any statements, claims, or representations they may make. To the fullest extent permitted by law, HomeGym disclaims any such statements, claims, or representations and the same do not expand or otherwise modify these Terms. If you are dissatisfied with the Service, your sole and exclusive remedy is to stop accessing and using the Service.

12. Limitation of Liability.

A. LIMITATION. TO THE FULLEST EXTENT PERMITTED BY LAW: (1) EACH HOMEGYM USER IS SOLELY RESPONSIBLE FOR: (A) HIS OR HER USE OF THE SERVICE; AND (B) ANY DAMAGES INCURRED BY HIM OR HER OR ANY THIRD PARTY THAT ARISE FROM OR ARE RELATED TO THE SERVICE; (2) THE AGGREGATE LIABILITY OF THE HOMEGYM PARTIES FOR ANY DAMAGES, WHETHER ARISING IN CONTRACT, TORT, OR OTHERWISE, WILL BE LIMITED TO ACTUAL DAMAGES PROVED, AND NOT TO EXCEED THE GREATER OF: (i) THE AMOUNT PAID BY YOU TO HOMEGYM FOR THE SERVICE; AND (ii) $10; AND (3) NONE OF THE HOMEGYM PARTIES WILL BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, EVEN IF SUCH HOMEGYM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

B. THIRD-PARTY PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, NONE OF THE HOMEGYM PARTIES WILL HAVE ANY LIABILITY WHATSOEVER FOR ANY LOSSES, COSTS, OR DAMAGES OF ANY KIND INCURRED OR SUFFERED BY YOU AS A RESULT OF ANY PRODUCTS OR ANY SERVICES PROVIDED BY ANY PARTNERS ACCESSED THROUGH THE SERVICE.

C. INDEPENDENT INVESTIGATION. YOU REPRESENT THAT YOU HAVE INDEPENDENTLY INVESTIGATED THE ADVISABILITY OF USING THE SERVICE AND THE POSSIBLE RISKS INVOLVED IN USING THE SERVICE AND ENGAGING PARTNERS TO PERFORM SERVICES. YOU AGREE TO MAINTAIN YOUR OWN INSURANCE COVERING SUCH RISKS AND WILL LOOK SOLELY TO SUCH INSURANCE FOR REIMBURSEMENT OF ANY RESULTING DAMAGES.

13. Third-Party Disputes. HOMEGYM IS NOT AFFILIATED WITH ANY PARTNER, OTHER HOMEGYM USER, CARRIER, SERVICE PROVIDER, OR THIRD-PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY PARTNER, OTHER HOMEGYM USER, CARRIER, SERVICE PROVIDER, THIRD-PARTY SERVICE, OR OTHER THIRD PARTY ARISING FROM YOUR USE OF THE SERVICE, INCLUDING YOUR EMPLOYER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE HOMEGYM (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURERS, AND EMPLOYEES) FROM ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

14. Force Majeure. HomeGym will not be liable for any delay or failure to perform any obligation herein if the delay or failure is due to unforeseen events that are beyond HomeGym’s reasonable control, such as strikes, blockade, war, terrorism, riots, natural disasters, epidemic, or governmental action.

15. Indemnification and Release.

A. IndemnityTo the fullest extent permitted by law, you will defend, indemnify, and hold the HomeGym Parties harmless against any loss or damage of any kind (including attorneys’ fees and lost revenues) arising from: (1) any breaches by you of these Terms or any representation, warranty, or covenant contained in these Terms; (2) any use of the Service not specifically authorized in these Terms or on the Service; and (3) any claims and actions against any HomeGym Party by other parties to whom you allow access to the Service.

B. Release. To the fullest extent permitted by law, you further waive, release, and forever discharge the HomeGym Parties from any responsibility or liability for injuries or damages resulting from any Products or any service obtained through the use of the Service, including injuries or damages caused by the negligent act or omission of the HomeGym Parties or any Partners, or in any way arising out of or connected with the Service.

C. Procedure. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You will not, in any event, settle any such claim or matter without our written consent.

16. Additional Service Features.

A. Access to Third-Party Services. The Service may contain information on products and services provided by third parties, including Partners, and links (including advertisements) to third-party websites (collectively, “Third-Party Services”). Third-Party Services are provided only as a convenience to HomeGym Users. HomeGym does not review or control Third-Party Services, and HomeGym does not make any representations or warranties, express or implied, regarding Third-Party Services. Inclusion of any Third-Party Services in the Service does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with HomeGym with respect to any Third-Party Services. HomeGym is under no obligation to maintain any link on the Service and may remove a link at any time in its sole discretion for any reason whatsoever.

B. Disclaimer of Liability for Third-Party Services. Third-Party Services may have their own terms of use and privacy policies, and your use of the Service may incur third-party fees, such as fees charged by your carrier for data usage. You are solely responsible for reviewing and complying with any terms of use, privacy policies, or other terms governing your use of Third-Party Services, and you are solely responsible for all of Third-Party Services fees incurred by you for use of the Service. You are solely responsible for taking the precautions necessary to protect yourself from fraud when using Third-Party Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content that may be included on or with any Third-Party Services. HomeGym disclaims any responsibility or liability for any harm resulting from your use of Third-Party Services, and you hereby irrevocably waive any claim against HomeGym with respect to any Third-Party Services.

17. Dispute Resolution.

A. Generally. In the interest of resolving disputes between you and HomeGym in the most expedient and cost-effective manner, you and HomeGym agree that any dispute arising out of or in any way related to these Terms or your use of the Service will be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms or your use of the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the expiration or termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND HOMEGYM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION. YOU FURTHER UNDERSTAND THAT THESE DISPUTE RESOLUTION TERMS WILL APPLY TO YOU AND HOMEGYM UNLESS YOU CHOOSE TO OPT OUT PURSUANT TO SECTION 17.I (OPT OUT).

Whether to agree to arbitration is an important business decision. It is your decision to make, and you should not rely solely on the information provided in these Terms as it is not intended to contain a complete explanation of the consequences of arbitration. You should take further steps to conduct research and to consult with others, including an attorney, regarding the consequences of your decision, just as you would when making any other important business or life decision.

B. Exceptions. Despite the provisions of Section 17.A (Generally), nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (1) bring an individual action in small claims court; (2) bring an action in a court pursuant to the California Private Attorneys General Act of 2004, California Labor Code § 2698 et seq.; (3) seek injunctive relief in a court of law; or (4) file suit in a court of law to address an intellectual property infringement claim.

C. Arbitrator. Any arbitration between you and HomeGym will be governed by the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA, or by contacting HomeGym. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

D. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail within the applicable statute of limitations period (“Notice”). HomeGym’s address for Notice is: 305 East 51st Street, New York, NY 10022. The Notice must: (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or HomeGym may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or HomeGym must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, HomeGym will pay you the highest of the following: (a) the amount awarded by the arbitrator, if any; (b) the last written settlement amount offered by HomeGym in settlement of the dispute prior to the arbitrator’s award; or (c) $1,000.

E. Fees. If you commence arbitration in accordance with these Terms, HomeGym will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Wilmington, Delaware, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephone hearing; or (3) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse HomeGym for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

F. No Class Actions. YOU AND HOMEGYM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING (OTHER THAN ACTIONS UNDER THE CALIFORNIA PRIVATE ATTORNEYS GENERAL ACT OF 2004, CALIFORNIA LABOR CODE § 2698 ET SEQ. WHICH ARE NOT COVERED BY THIS SECTION 17 (DISPUTE RESOLUTION)). Unless both you and HomeGym agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

G. Modifications to this Arbitration Provision. If HomeGym makes any future change to this arbitration provision, other than a change to HomeGym’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to HomeGym’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and HomeGym. If you do not send such written notice, your continued use of the Service following any such change means that you have consented to such change.

H. Enforceability. If Section 17.F (No Class Actions) is found to be unenforceable or if the entirety of this Section 17 (Dispute Resolution) is found to be unenforceable, then the entirety of this Section 17 (Dispute Resolution) will be null and void and the exclusive jurisdiction and venue described in Section 20 (Governing Law; Choice of Forum) will govern any action arising out of or related to these Terms or your use of the Service.

I. Opt Out. Arbitration is not a mandatory condition of these Terms. If you do not want to be subject to this Section 17 (Dispute Resolution), you may opt out of this Section 17 (Dispute Resolution) by notifying HomeGym in writing of your decision by sending, within 30 days of the date you receive these Terms, an electronic message to support@HomeGym-concepts.com, stating clearly your full name and intent to opt out of this Section 17 (Dispute Resolution). Should you choose not to opt out of this Section 17 (Dispute Resolution) within the 30-day period, you and HomeGym will be bound by the terms of this Section 17 (Dispute Resolution). You have the right to consult with counsel of your choice concerning this Section 17 (Dispute Resolution). You understand that you will not be subject to retaliation if you exercise your right to opt out of coverage under this Section 17 (Dispute Resolution).

18. Cooperation with Authorities. HomeGym may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, HomeGym may disclose any information as HomeGym deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in HomeGym’s sole discretion.

19. Protected Activity Not Prohibited. To the extent permitted by applicable law, nothing in these Terms will in any way limit or prohibit you from filing a charge or complaint with, or otherwise communicating or cooperating with or participating in, any investigation or proceeding (“Protected Activity”) that may be conducted by any federal, state, or local government agency or commission (“Government Agencies”). In connection with such Protected Activity, you are permitted to disclose documents or other information as permitted by law, and without giving notice to, or receiving authorization from, HomeGym. In making any such disclosures or communications, you agree to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute HomeGym confidential information to any parties other than the Government Agencies. 

20. Governing Law; Choice of Forum. The laws of the State of Delaware, excluding its conflicts of law rules, govern these Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws; provided, however, that the United Nations Convention on Contracts for the International Sale of Goods will not apply to any provision of these Terms. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware and you hereby irrevocably submit to personal jurisdiction in such courts, and waive any defense of inconvenient forum.

21. Feedback. If you provide any feedback to HomeGym concerning the functionality and performance of the Service (including identifying potential errors and improvements), you hereby assign to HomeGym all right, title, and interest in and to such feedback, and HomeGym is free to use such feedback without payment or restriction.

22. Entire Agreement; Variation. These Terms and the Privacy Policy set forth the entire agreement between HomeGym and you with respect to the Service; except, however: (A) Partners will also be required to enter into a separate agreement with HomeGym; and (B) HomeGym may enter into additional agreements with you. These Terms supersede and govern all previous oral and written communications regarding these matters, all of which are merged into these Terms. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter these Terms.

23. Severability. If any provision of these Terms is held invalid, illegal, or unenforceable, such provisions will be modified, or if not possible, severed, to reflect the fullest valid, legal, and enforceable expression of the intent of the parties, and the remainder of these Terms will not be affected thereby.

24. Relationship of Parties. Nothing in these Terms will be deemed to create an employer-employee relationship between HomeGym and you, nor any agency, joint venture, or partnership relationship between the parties. Neither party will have the right to bind the other to any obligation, nor have the right to incur any liability on behalf of the other.

25. Waiver. No delay, omission, or failure to exercise any right or remedy provided under these Terms will be deemed to be a waiver thereof or an acquiescence to the event giving rise to such right or remedy, or a waiver of or acquiescence to any other right, remedy, or event.

26. Assignment. Neither these Terms nor any of the rights granted to you herein may be assigned or transferred by you, whether voluntarily or by operation of law, without the express prior written permission of HomeGym and any attempt to do so will be null and void. HomeGym may assign or transfer these Terms at any time without your permission.

27. Third-Party Beneficiaries. The provisions of these Terms relating to the rights of HomeGym service providers are intended for the benefit of such service providers, and such service providers, as third-party beneficiaries, will be entitled to enforce such provisions in accordance with these Terms, irrespective of the fact that they are not parties to these Terms.

28. Export Controls. You hereby represent and warrant that: (A) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (B) you are not listed on any U.S. Government list of prohibited or restricted parties.

29. Interpretation. If HomeGym provides a translation of the English language version of these Terms, the translation is provided solely for convenience, and the English version will prevail. Any heading, caption, or section title contained in these Terms is for convenience only, and in no way defines or explains any section or provision. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.”

II. Privacy Policy

HomeGym Concepts LLC

PRIVACY POLICY

Last Updated: September 15, 2023

HomeGym Concepts LLC (“HomeGym,” “we,” “our,” or “us”) respects your privacy. This Privacy Policy explains how HomeGym collects, uses, discloses, and secures information about you through https://www.homegym-concepts.com (as may be updated, relocated, or otherwise modified from time to time) along with our related websites, networks, applications, mobile applications, our electronic communications, including email and text messages, and other services provided by us (collectively, the “Service”). By using the Service, you consent to the processing of your information as set forth in this Privacy Policy.

Your use of the Service is also governed by our Terms of Service. Capitalized terms used but not defined in this Privacy Policy are defined in the Terms of Service.

In providing the Service, we collect and obtain information about individual consumers (“End Users”) to, among other things, help End Users design an at-home gym.

1. HomeGym collects information from and about End Users in a variety of ways. This information includes:

  1. Information You Provide. We collect information you provide when you use the Service or otherwise communicate with us. If you register an account with us, we will collect the information you provide, such as your name, email address, address, design and fitness preferences, space and style information. We will also collect any information you submit through your use of the Service. For example, if you are an End User, the information you provide can include your messaging history and any information included in your messages via the Service, and any photographs you submit or transmit through the Service. We may also collect information through your communications with our team.

  2. Device and Usage Information. Like most online services, we automatically receive standard technical information when you interact with the Service, including browser and device information such as unique device identifiers, mobile phone carrier, internet protocol (IP) addresses (which may identify your general geographic location), browser types, and the date and time of your interactions. We also receive information about your interactions with our Service, such as which website pages you visited and how much time was spent on the page.

We may collect this information using cookies or similar technologies. Cookies are pieces of information that are stored by your browser on the hard drive or memory of your device. Cookies enable us to personalize your experience on the Service, maintain a persistent session, passively collect demographic information, and monitor advertisements and other activities. The Service may use different kinds of cookies and other types of local storage (such as browser-based or plugin-based local storage).

1.We use information in a variety of ways to provide the Service and to operate our business, including the following:

  1. Service-Related Usage. We use the information we collect about and from you for a number of purposes, including providing and supporting the Service, analyzing how you use the Service, and better tailoring features.

  2. Communications. We use your information to communicate with you for Service-related purposes. For example, we may send email to the email address you provide to us, or text messages, to verify your account and for informational and operational purposes, such as account management, customer service, system maintenance, and other Service-related purposes.

  3. Improve the Service. We use the information that we collect: (1) to understand and analyze usage trends and preferences; (2) to monitor and analyze the effectiveness of the Service; and (3) to improve the Service and develop new products, services, features, and functionality.

  4. Marketing. As permitted by applicable law, we may use information we collect about and from you for marketing purposes, such as providing you with promotional materials that may be useful, relevant, valuable, or otherwise of interest to you. Where required under applicable law, we’ll obtain your prior opt-in consent to send you electronic marketing communications.

2. We may share, transfer, or disclose your information if you consent to us doing so, as well as in the following circumstances:

  1. Approved Persons. The Service may allow End Users to share information collected with explicitly designated third parties.

  2. Service Providers. We share information with third parties who provide services to us, such as payment processing, analytics, website management, information technology, and other similar service providers.

  3. Comply with Legal Requirements. We may disclose your information as we believe to be necessary or appropriate to: (1) comply with applicable law and legal processes; (2) respond to requests from public and government authorities, including public and government authorities outside your country of residence; (3) enforce our Terms of Service; (4) protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or others; and (5) allow us to pursue available remedies or limit the damages that we may sustain.

  4. Corporate Transactions. We reserve the right to transfer your information to service providers, advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell, liquidate, or transfer all or a portion of our assets.

  5. Aggregate, De-Identified Information. We may use your data to create aggregate or statistical information that does not directly identify a specific person, and we may share that information. For example, we may share anonymous and aggregated reports and information on user demographics and traffic patterns with third parties.

3. We take steps in an effort to treat your information securely and in accordance with this Privacy Policy. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for unintentional disclosure.

4. We do not knowingly collect, maintain, or use personal information from children under 18 years of age, and no part of the Service is directed to children under the age of 18. If you learn that your child has provided us with personal information without your consent, you may alert us at the contact information listed below. If we learn that we have collected any personal information from children under 18, we will promptly take steps to delete such information and terminate the child’s account.

5. The Service is intended for users located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited. If you are visiting our website from the European Union or other regions with laws governing data collection and use, then please note that you are agreeing to the transfer of your information to the United States and processing globally. By providing your information to the website, you consent to any transfer and processing in accordance with this Privacy Policy.

6. If you do not want the Service to collect information through the use of cookies, your browser may allow you to be notified when you receive certain types of cookies and restrict or disable certain cookies. Each browser is different, so you should check your browser’s “Help” menu to learn how to change your cookie preferences. Please be aware that if you disable or reject cookies, some features may not work properly.

You can opt-out of receiving further promotional emails from us by following the unsubscribe instructions provided in the promotional email you receive.

California law requires us to disclose how we respond to web browser Do Not Track signals. Because there currently isn’t an industry or legal standard for responding to Do Not Track signals, we do not respond to them at this time.

7. Contact Us. If you have any questions or comments about this Privacy Policy, our privacy practices, or if you would like to exercise your rights and choices, please contact us at support@homegym-concepts.com or by writing to us at: HomeGym Concepts LLC; 305 East 51st Street; New York, NY 10022

8. Privacy Policy Updates. We may update this Privacy Policy from time to time. If we make any changes, we will notify you by revising the "Last Updated" date at the top of this Privacy Policy. If we make any revisions that materially change the ways in which we use or share the information previously collected from you through the Service, we will give you the opportunity to consent to such changes before applying them to that information.