Terms and Conditions

Last Updated: September 14, 2023

PLEASE READ THESE TERMS OF USE (“TERMS OF USE”) CAREFULLY BEFORE ACCESSING OR USING ANY WEBSITE, MOBILE SITE, ONLINE SERVICE OR OTHER SERVICE OR ASPECT OF EXERCISE CONNECTIONS, CORP, AND/OR EXERCISE BUDDY, LLC (COLLECTIVELY “COMPANY) WHERE THESE TERMS OF USE ARE POSTED OR REFERENCED (EACH SUCH WEBSITE, MOBILE SITE, ONLINE SERVICE OR SERVICE, A “COMPANY SITE”). BY CLICKING “I ACCEPT” OR BY ACCESSING OR USING A COMPANY SITE, YOU UNDERSTAND THAT YOU ARE ENTERING INTO A LEGAL AGREEMENT WITH ONE OF THE ENTITIES SET FORTH HERE OR AN AFFILIATE THEREOF TO WHICH THE APPLICABLE COMPANY SITE BELONGS (SUCH ENTITY OR SUCH AFFILIATE, AS APPLICABLE “COMPANY”) AND ARE AGREEING TO BE BOUND BY THESE TERMS OF USE IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE COMPANY SITE. IF YOUR ACCESS OR USE OF THE COMPANY SITE IS ON BEHALF OF A COMPANY, ORGANIZATION OR OTHER LEGAL ENTITY, YOU HEREBY REPRESENT THAT YOU ARE AUTHORIZED TO BIND TO THESE TERMS OF USE, IN WHICH CASE “YOU” OR “YOUR” SHALL REFER TO YOU INDIVIDUALLY AND/OR THE COMPANY, ORGANIZATION OR OTHER LEGAL ENTITY ON BEHALF YOU ARE ACCESSING THE COMPANY SITE. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU ARE NOT PERMITTED TO ACCESS, USE OR SUBMIT ANY CONTENT TO THE COMPANY SITE

1. Updates and Modifications to Terms. Company reserves the right to modify, update, or amend these Terms of Use at any time, at its sole discretion. Any changes will become effective upon posting to the Company Site, with the effective date reflected in the “Last Updated” line above. By continuing to use any part of the Company Site after a new version of these Terms of Use has been posted, you are accepting and agreeing to the new version of the Terms of Use. It is your responsibility to review the Terms of Use for updates each time you use the Company Site. You agree to comply with all international, federal, state and local laws and regulations applicable to your access and use of the Site.

2. Privacy Notice. Please click here to view Company’s Privacy Notice, which applies to personal information collected from or provided by you on the Company Site.

3. Intellectual Property. The Company Site and all content, information, images, video clips, graphics, software, and other materials featured, displayed or contained therein (collectively, “Content”) are protected by copyright, trademark and other similar laws of the United States, as well as international conventions and the laws of other countries. The Content is owned or controlled by Company or by other parties that have provided rights thereto to Company. All trademarks, service marks, and trade names (collectively the “Marks”) are trademarks owned by or licensed to and are proprietary to Company. Provided you comply with these Terms of Use, Company hereby grants you a limited, revocable, nonexclusive, non-sublicensable, nontransferable license to use the Company Site, for your personal, non-commercial purposes or such other purposes expressly permitted by Company. Your use of this Company Site shall be for lawful purposes only. Further, unless you obtain the prior written consent of Company, you may not use any Mark owned or used by Company or by their licensors. All rights in the Company Site and the Content not expressly granted in these Terms of Use are reserved and retained by Company.

4. Account Creation. In order to use certain features or functionality of the Company Site, you may be required to establish an account with us (an “Account”) and will be required to share certain information in the Account Creation process. You are not permitted to share, sell, distribute or otherwise transfer your Account or allow your login credentials to be used by any other individual. You are responsible for all use of your Account, regardless of whether you authorized such use, and for ensuring that all use of your Account complies with these Terms of Use. It is your responsibility to maintain the confidentiality and security of your username, password, account, PIN or other login information, as may be applicable to the Company Site. You agree to immediately notify Company of any unauthorized use of your Account. Company is not liable for any loss or damage from your failure to comply with this section. Company may suspend or terminate your Account if it has a reasonable belief it is being used in connection with fraudulent or other inappropriate or unacceptable activity. Please note Company may, but is not obligated to, monitor your use of the Company Site.

5. User Content.

a. The Company Site may allow you to post, upload, transmit through or otherwise make your content (e.g., feedback, comments, reviews, photos, videos, audio or other content) available to other users of the Company Site (collectively, “User Content”). Company is not obligated to, and does not regularly review, prescreen, monitor, delete, or edit User Content. You represent that (a) any User Content you provide is complete and accurate; (b) you own all the rights to, have obtained all necessary consents to, or have otherwise control all the rights to such User Content and have the authority to grant rights in such User Content as set forth in these Terms of Use; and (c) such User Content does not violate any provision in these Terms of Use and will not cause injury to any person or entity. Company shall not be liable to you for any loss caused by your failure to comply with this Section. Company shall have the right, but not the obligation, in its sole discretion, to edit, move, delete or remove any User Content made available through the Company Site, for any reason, including a breach of these Terms of Use or violation of law. You, however, are solely responsible for any User Content provided by you and you will defend (at Company’s option), indemnify and hold harmless Company, and its officers, directors, managers, members, contractors, affiliates, business partners, employees and other representatives (collectively, the “Company Indemnitees”) from and against all losses, liabilities, and costs (including reasonable attorneys’ fees) resulting from any User Content you provide in, or through, the Company Site.

b. You hereby grant Company a perpetual, royalty-free, irrevocable, worldwide, unlimited, non-exclusive license to use, reproduce, modify, publish, transmit, perform, display, sublicense, translate, distribute and create derivative works from any User Content provided by you in, or through, the Company Site for any purpose whatsoever, in any form, media or technology now or hereafter known or developed. No credit, approval or compensation is due to you for any such use of such Content. Please note any User Content submitted by you is and will be treated as non-confidential and non-proprietary as to you, provided that personal information we collect on the Company Site will be subject to our Privacy Policy.

6. Acceptable Use Policy. You shall neither post nor transmit, through the Company Site, any information or content that (a) violates or infringes upon the rights of others, including third party intellectual property rights; (b) is unlawful, threatening, abusive, defamatory, invasive of privacy rights, vulgar, obscene, profane or otherwise objectionable; (c) may contain political campaigning, chain letters, mass mailings, or any form of “spam;” or (d) is otherwise in violation of any law or regulation. The Company Site contains proprietary information and the rights to the Content are owned by Company and its licensors. You may not modify, reproduce, publish, transmit, translate, publicly display, distribute, create derivative works from or in any way exploit, any feature on the Company Site or the Content contained in the Company Site, in whole or part, without the written permission of Company. In addition, you shall not (i) remove from the Company Site, or modify, any markings, notices or proprietary rights of Company or its licensors; (ii) attempt to impersonate another individual or otherwise mislead as to the origin of any User Content submitted by you; (iii) make any viruses, spyware, malware, or similar items which are potentially harmful or intended to damage or monitor the use of software, hardware or other equipment or to collect information about users of the Company Site (collectively, “Code”) available through or in connection with the Company Site; (iv) cause or permit reverse engineering, disassembly or decompilation of the Company Site; (v) interfere with or disrupt the operation of the Company Site or the systems, servers or networks used to make the Company Site available; or (vi) attempt to gain unauthorized access to any Company account, systems or network through hacking, password mining or any other means not intentionally made available through the Company Site.

7. Termination/Suspension. Company reserves the right to modify or discontinue any aspect of the Company Site and to restrict, suspend or terminate your access to the Company Site at any time at its sole discretion. In addition, Company may take appropriate legal action, at its sole discretion, including if it reasonably believes your conduct on the Company Site breaches these Terms of Use, violates applicable law, or is harmful to the interests of Company or others, with or without notice to you. You may terminate these Terms of Use at any time by permanently discontinuing your use and access of the Company Site. In the event of any termination of these Terms of Use, you will continue to be bound by any obligations in the Terms of Use that are understood to survive such termination.

8. Third Party Sites. The Company Site may contain links to third-party sites or information, including, without limitation, links from advertisers, sponsors and/or partners that may use a Company Mark. Company assumes no liability for, and makes no representations regarding, these third-party sites, including, without limitation, their content and the practices of their operators. Your access to and use of a third-party site are at your own risk and will be governed by such third party’s terms and policies. The presence of a link to a third-party site is not an endorsement, sponsorship or recommendation by Company of the third party or the content, products, or services contained on, or available through, such third-party site.

9. DISCLAIMER OF WARRANTIES.

a. THE COMPANY SITE AND ALL CONTENT MADE AVAILABLE THEREIN ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE COMPANY SITE OR ITS CONTENT, ITS USE, OR THE RESULTS OF SUCH USE. ALL WARRANTIES AND CONDITIONS OF ANY KIND, PAST OR PRESENT, WHETHER STATUTORY, COMMON-LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS (INCLUDING THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS), MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

b. WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT WARRANT OR REPRESENT THE OPERATION OF THE COMPANY SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECT WITHIN THE COMPANY SITE WILL BE CORRECTED. FURTHERMORE, COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE CAPABILITY, CORRECTNESS, ACCURACY, RELIABILITY, SECURITY OR OTHERWISE OF THE COMPANY SITE OR ITS CONTENT, OR THAT THE COMPANY SITE WILL MEET YOUR REQUIREMENTS.

c. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF ANY OF THE ABOVE-MENTIONED WARRANTIES, THE DISCLAIMERS ABOVE DO NOT APPLY TO YOU.

10. LIMITATION OF LIABILITY/RELEASE.

a. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO APPLICABLE LAWS, INCLUDING WITH RESPECT TO LIABILITY FOR PERSONAL INJURY OR NON-WAIVABLE STATUTORY RIGHTS UNDER THE LAWS OF ANY STATE, IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, AFFILIATES, SHAREHOLDERS OR AGENTS BE LIABLE TO YOU: (I) WITH RESPECT TO YOUR USE OF THE COMPANY SITE, THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE COMPANY SITE, OR ANY LOSSES RESULTING FROM ERRORS, OMISSIONS, INTERRUPTIONS, DATA LOSS, DEFECTS, MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE COMPANY SITE OR ANY OTHER SYSTEMS OF COMPANY; OR (II) FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES OR LOST REVENUE OR PROFITS, ARISING OUT OF YOUR USE OR INABILITY TO USE THE COMPANY SITE OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY TO YOU, DIRECT OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100), WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, NEITHER PARTY MAY ASSERT ANY CLAIM AGAINST THE OTHER RELATED TO THIS AGREEMENT MORE THAN TWO YEARS AFTER THE OCCURRENCE OF THE EVENT LEADING TO SUCH CLAIM.

b. THE LAWS OF CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSIONS AND LIMITATIONS OF DAMAGES IN THIS SECTION, IN WHICH CASE COMPANY’S LIABILITY FOR DAMAGES IN CONNECTION WITH THESE TERMS OF USE IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTION.

11. Indemnification. You agree to defend (at Company’s option), indemnify and hold harmless the Company Indemnitees from and against all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, arising from or resulting from your breach of the Terms of Use or any misuse of the Company Site. The Company Indemnitees reserve the right, at their expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with the Company Indemnitees in such defense, if requested by Company. You will not settle any claim without the prior written consent of Company.

12. International Use/Export.

a. The Content is not intended to be published or made available to any person in any jurisdiction where doing so would result in the violation of any applicable laws or regulations. Accordingly, if it is prohibited to make such Content available in your jurisdiction or to you (by reason of your nationality, residence or otherwise), it is not directed at you. Before reviewing this Company Site, you must be satisfied that doing so will not result in such a violation and is not so prohibited, and by proceeding to use this Company Site you confirm that this is not the case.

b. You acknowledge the Content may be subject to customs, trade sanctions and export laws and regulations of the United States and those of other countries. You agree to comply with such laws and regulations in your use of the Company Site and its Content. You may not download, transfer, export or re-export any Content prohibited under customs, trade sanctions or export control laws, or otherwise, to any territory prohibited under United States trade sanctions regulations, or to any person, entity or organization designated on the U.S. Treasury Department’s List of Specially Designated Nationals or majority owned by a person, entity or organization so designated or to any person, entity or organization designated on the U.S. Department of Commerce’s Denied Persons List or Entity List. By Using a Company Site or any Content, you represent and warrant you are not located in, under the control of, or a national or resident of any country to which such import, export, or re-export is prohibited under United States trade sanctions regulations or export control laws and you are not a person or entity to which such export is prohibited under United States trade sanctions regulations or export control laws.

13. Arbitration and Class Action Waiver. Please read this Arbitration Agreement (as defined below) carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

a. Scope of Arbitration Agreement (“Arbitration Agreement”). You acknowledge and agree that any dispute or claim relating in any way to your access or use of the Company Site or to any other aspect of your relationship with Company related to these Terms of Use will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Company may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose before this or any prior agreement. NOW OR IN THE FUTURE, THERE MAY BE LAWSUITS AGAINST COMPANY ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS. SUCH CLAIMS, IF SUCCESSFUL, COULD RESULT IN SOME MONETARY RECOVERY TO YOU. THE EXISTENCE OF SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUITS DOES NOT MEAN THAT SUCH LAWSUITS WILL ULTIMATELY SUCCEED. BUT IF YOU AGREE TO ARBITRATION WITH COMPANY, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVERY MONETARY OR OTHER RELIEF UNDER SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUITS. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST COMPANY IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.

b. Arbitration Rules and Forum. This Arbitration Agreement is governed by the Federal Arbitration Act in all respects. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. Payment of all filing, administration, and arbitration fees will be governed by the AAA’s rules. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum.

c. Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Company. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms of Use. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding on you and Company.

d. Waiver of Jury Trial. YOU AND COMPANY EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and Company are instead electing to have claims and disputes resolved by arbitration. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms of Use as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is limited. In any litigation between you and Company over whether to vacate or enforce an arbitration award, you and Company waive all rights to a jury trial, and elect instead to have a judge resolve the dispute.

e. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Company is entitled to arbitration. Instead, all claims and disputes will then be resolved in a court as set forth in Section 3 (Governing Law and Jurisdiction) above.

14. Consent to Electronic Communications. These Terms of Use and any other documentation, agreements, notices, or communications between you and Company may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.

15. Use of “Cookie” File Features. Company reserves the right to store information on a user’s computer in the form of a “cookie” or similar file for purposes of modifying the Company Site to reflect users’ preferences. The Company Privacy Policy provides additional information regarding Company’s use of cookies as well as procedures for disabling cookies. You may disable or delete your cookies at your discretion, but it may have a negative impact on your use of the Site benefits and features. View the Company Privacy Policy, which may be found here, regarding “Cookie” files.

16. Miscellaneous. These Terms of Use and any other terms and conditions expressly incorporated by reference herein represent the entire agreement between you and Company with respect to the subject matter contained in the Terms of Use and supersede all previous written or oral agreements between the parties with respect to such subject matter. You may not assign any of your rights or obligations under the Terms of Use without the prior written consent of Company. If any provision herein is judicially interpreted or held to be void or otherwise unenforceable as written, such provision will be deemed to be revised and modified to the extent necessary to make it legally enforceable. In any event, the remaining terms of the Terms of Use will be enforceable as though the void or unenforceable provision did not exist. No delay or omission by Company to exercise any right it has under the Terms of Use will impair or be construed as a waiver of such right. These Terms of Use and your use of the Company Site shall be governed by the laws of the State of Illinois, without regard to conflict of laws principles. Should the Arbitration Agreement above not apply for any reason, you irrevocably consent to the exclusive jurisdiction of the federal and state courts sitting in the State of Illinois, County of Cook, for purposes of any legal action arising out of or related to the use of the Company Site or these Terms of Use.