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Website

Terms and Conditions

These terms and conditions ("Agreement") set forth the general terms and conditions of your use of the wrkout.com website ("Website" or "Service") and any of its related products and services (collectively, "Services"). This Agreement is legally binding between you ("User", "you" or "your") and WRKOUT Media Inc. ("WRKOUT Media Inc.", "we", "us" or "our"). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and WRKOUT Media Inc., even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

Accounts and Membership 

You must be at least 13 years of age to use the Website and Services. By using the Website and  Services and by agreeing to this Agreement you warrant and represent that you are at least 13  years of age. If you create an account on the Website, you are responsible for maintaining the  security of your account and you are fully responsible for all activities that occur under the  account and any other actions taken in connection with it. We may, but have no obligation to,  monitor and review new accounts before you may sign in and start using the Services. Providing  false contact information of any kind may result in the termination of your account. You must  immediately notify us of any unauthorized uses of your account or any other breaches of  security. We will not be liable for any acts or omissions by you, including any damages of any  kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your  account (or any part thereof) if we determine that you have violated any provision of this  Agreement or that your conduct or content would tend to damage our reputation and goodwill. If  we delete your account for the foregoing reasons, you may not re-register for our Services. We  may block your email address and Internet protocol address to prevent further registration. 

User Content

We do not own any data, information or material (collectively, "Content") that you submit on the  Website in the course of using the Service. You shall have sole responsibility for the accuracy,  quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or  right to use of all submitted Content. We may monitor and review the Content on the Website  submitted or created using our Services by you. You grant us permission to access, copy,  distribute, store, transmit, reformat, display and perform the Content of your user account solely  as required for the purpose of providing the Services to you. Without limiting any of those  representations or warranties, we have the right, though not the obligation, to, in our own sole  discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use,  reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user  account for commercial, marketing or any similar purpose.

Billing and Payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and  billing terms in effect at the time a fee or charge is due and payable. Where Services are offered  on a free trial basis, payment may be required after the free trial period ends, and not when you  enter your billing details (which may be required prior to the commencement of the free trial  period). If auto-renewal is enabled for the Services you have subscribed for, you will be charged  automatically in accordance with the term you selected. Sensitive and private data exchange  happens over a SSL secured communication channel and is encrypted and protected with digital  signatures, and the Website and Services are also in compliance with PCI vulnerability standards  in order to create as secure of an environment as possible for Users. Scans for malware are  performed on a regular basis for additional security and protection. If, in our judgment, your  purchase constitutes a high-risk transaction, we will require you to provide us with a copy of  your valid government-issued photo identification, and possibly a copy of a recent bank  statement for the credit or debit card used for the purchase. We reserve the right to change  products and product pricing at any time. We also reserve the right to refuse any order you place  with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per  household or per order. These restrictions may include orders placed by or under the same  customer account, the same credit card, and/or orders that use the same billing and/or shipping  address. In the event that we make a change to or cancel an order, we may attempt to notify you  by contacting the e-mail and/or billing address/phone number provided at the time the order was  made. 

Accuracy of Information

Occasionally there may be information on the Website that contains typographical errors,  inaccuracies or omissions that may relate to product descriptions, pricing, availability,  promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and  to change or update information or cancel orders if any information on the Website or Services is  inaccurate at any time without prior notice (including after you have submitted your order). We  undertake no obligation to update, amend or clarify information on the Website including,  without limitation, pricing information, except as required by law. No specified update or refresh  date applied on the Website should be taken to indicate that all information on the Website or  Services has been modified or updated. 

Third Party Services

If you decide to enable, access or use third party services, be advised that your access and use of  such other services are governed solely by the terms and conditions of such other services, and  we do not endorse, are not responsible or liable for, and make no representations as to any aspect  of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other  services. You irrevocably waive any claim against WRKOUT Media Inc. with respect to such  other services. WRKOUT Media Inc. is not liable for any damage or loss caused or alleged to be  caused by or in connection with your enablement, access or use of any such other services, or  your reliance on the privacy practices, data security processes or other policies of such other  services. You may be required to register for or log into such other services on their respective  platforms. By enabling any other services, you are expressly permitting WRKOUT Media Inc. to  disclose your data as necessary to facilitate the use or enablement of such other service.

Backups

We perform regular backups of the Website and its Content and will do our best to ensure  completeness and accuracy of these backups. In the event of the hardware failure or data loss we  will restore backups automatically to minimize the impact and downtime. 

Links to Other Resources 

Although the Website and Services may link to other resources (such as websites, mobile  applications, etc.), we are not, directly or indirectly, implying any approval, association,  sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated  herein. We are not responsible for examining or evaluating, and we do not warrant the offerings  of, any businesses or individuals or the content of their resources. We do not assume any  responsibility or liability for the actions, products, services, and content of any other third  parties. You should carefully review the legal statements and other conditions of use of any  resource which you access through a link on the Website and Services. Your linking to any other  off-site resources is at your own risk. 

Prohibited Uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

Intellectual Property Rights

"Intellectual Property Rights" means all present and future rights conferred by statute, common  law or equity in or in relation to any copyright and related rights, trademarks, designs, patents,  inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and  all other intellectual property rights, in each case whether registered or unregistered and  including all applications and rights to apply for and be granted, rights to claim priority from,  such rights and all similar or equivalent rights or forms of protection and any other results of  intellectual activity which subsist or will subsist now or in the future in any part of the world.  This Agreement does not transfer to you any intellectual property owned by WRKOUT Media  Inc. or third parties, and all rights, titles, and interests in and to such property will remain (as  between the parties) solely with WRKOUT Media Inc. All trademarks, service marks, graphics  and logos used in connection with the Website and Services, are trademarks or registered  trademarks of WRKOUT Media Inc. or its licensors. Other trademarks, service marks, graphics  and logos used in connection with the Website and Services may be the trademarks of other third  parties. Your use of the Website and Services grants you no right or license to reproduce or  otherwise use any of WRKOUT Media Inc. or third party trademarks.

Disclaimer of Warranty 

You agree that such Service is provided on an "as is" and "as available" basis and that your use of the Website and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

Disclaimer of Warranty 

To the fullest extent permitted by applicable law, in no event will WRKOUT Media Inc., its  affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for  any indirect, incidental, special, punitive, cover or consequential damages (including, without  limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business,  business interruption, loss of anticipated savings, loss of business opportunity) however caused,  under any theory of liability, including, without limitation, contract, tort, warranty, breach of  statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent  permitted by applicable law, the aggregate liability of WRKOUT Media Inc. and its affiliates,  officers, employees, agents, suppliers and licensors relating to the services will be limited to an  amount greater of one dollar or any amounts actually paid in cash by you to WRKOUT Media  Inc. for the prior one month period prior to the first event or occurrence giving rise to such  liability. The limitations and exclusions also apply if this remedy does not fully compensate you  for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold WRKOUT Media Inc. and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable  and binding only to the extent that they do not violate any applicable laws and are intended to be  limited to the extent necessary so that they will not render this Agreement illegal, invalid or  unenforceable. If any provision or portion of any provision of this Agreement shall be held to be  illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the  parties that the remaining provisions or portions thereof shall constitute their agreement with  respect to the subject matter hereof, and all such remaining provisions or portions thereof shall  remain in full force and effect. 

Dispute Resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of  it shall be governed by the substantive and procedural laws of British Columbia, Canada without  regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Canada.  The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the  courts located in British Columbia, Canada, and you hereby submit to the personal jurisdiction of  such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related  to this Agreement. The United Nations Convention on Contracts for the International Sale of  Goods does not apply to this Agreement.

Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or  obligations hereunder, in whole or in part, without our prior written consent, which consent shall  be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part,  to any third party as part of the sale of all or substantially all of its assets or stock or as part of a  merger.

Changes and Amendments 

We reserve the right to modify this Agreement or its terms relating to the Website and Services  at any time, effective upon posting of an updated version of this Agreement on the Website.  When we do, we will revise the updated date at the bottom of this page. Continued use of the  Website and Services after any such changes shall constitute your consent to such changes. 

Acceptance of these Terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions.  By accessing and using the Website and Services you agree to be bound by this Agreement. If  you do not agree to abide by the terms of this Agreement, you are not authorized to access or use  the Website and Services. 

Contacting Us

If you would like to contact us to understand more about this Agreement or wish to contact us  concerning any matter relating to it, you may send an email to legal@wrkout.com. 

This document was last updated on March 23, 2021.

Privacy Policy

WRKOUT Media Ltd. (“WRKOUT”) understands that you care about how we collect, use, and  share information when you interact with our websites, mobile applications, social media sites  and handles, email, and online services (our “Services”), and we value the trust you place in us.  This Privacy Policy explains: 
We also include specific disclosures for residents of the European Economic Area, U.K., Switzerland, and California.  This Policy applies when you interact with us through our Services. It also applies anywhere it  is linked. It does not apply to non-WRKOUT websites and mobile applications that may link to  the Services or be linked to or from the Services; please review the privacy policies on those  websites and applications directly to understand their privacy practices.

Information We Collect

Information you give us

Some of this information may be collected by external parties on our behalf. For example, we use a payment processor when you engage in a transaction on our site.

Information We Collect From Other Sources

We may also receive information about you from other parties:
If you decide to invite others to the Services, we will collect your and the other person’s names, email addresses, and/or phone numbers in order to send an email or text message and follow up with the other person. You agree that you will obtain the other person’s consent before giving us his or her contact information. You also agree that you will not send us the contact information of a minor. We will inform any other person you invite that you gave us his or her information in the invitation email.

Information We Collect Automatically

When you interact with the Services, we collect certain information about your use of our Services. This includes:

Cookies and Other Tracking Technologies

We use cookies and other technologies to provide features on our Services. We also partner  with other companies that use these technologies to collect information about your use of our  Services and your interaction with advertisements served on our behalf.

The types of cookies and tracking technologies our partners use can be categorized as:Analytics: These technologies help us to understand how visitors interact with our Services by  collecting and reporting information about how you and your device interact with the Services.

Personalized Advertising: These technologies allow us to serve relevant advertising to you on  other websites or apps.

Social Media: These technologies allow us to provide a user experience that is integrated with  various social media platforms.

Below is a list of these partners with links to more information about their use of your information  and any options they may make available regarding tracking.

Category

Partner

Further Information

Personalized
Advertising & Social Media
Facebook
Data Policy
Analytics
Twitter
Twitter Cookie Policy

Combination of Information

We may combine information from the Services together and with other information we obtain from our business records. Additionally, information collected about you from a particular browser or device may be linked to information collected from another computer or device that we believe relates to you.

How We Use and Protect Your Information

We may use the information we collect from you for the following purposes:

How We Secure the Information We Collect From or About You

We use a combination of physical, technical, and administrative safeguards to protect the information we collect through the Services. While we use these precautions to safeguard your information, we cannot guarantee the security of the networks, systems, servers, devices, and databases we operate or that are operated on our behalf.

How We Share Your Information

We share information as follows:

Service Providers:

We engage vendors to perform functions on our behalf, and they may receive information about you. These vendors are obligated by contract to use information that we share only for the purpose of providing these services. The business functions our vendors support include: billing and collection; auditing and accounting; professional services; analytics services; security; IT; and marketing emails. Certain data is also shared with the trainers that will engage with you.

Online Advertising Partners:

We partner with companies that assist us in advertising about our Services to others who may be interested in the Services. We also partner with other companies who use cookies to display interest-based advertising to you on our Services. These companies may use tracking technologies on our website to collect or receive information from the Services and elsewhere on the internet and then use that information to measure and target ads.

Social Media Platforms:

If you interact with us on social media platforms, the platform may be  able to collect information about you and your interaction with us. If you interact with social media  objects on our Services (for example, by clicking on a Facebook “like” button), both the platform  and your connections on the platform may be able to view that activity. To control this sharing of  information, please review the privacy policy of the relevant social media platform.

We share data with other members of our group of companies who covered by this Privacy  Policy.

Business Partners:

We share data with Affiliates or clients who may sell services of interest to you.

Government Entities:

We may also share data when we believe in good faith that we are lawfully  authorized or required to do so to respond to lawful subpoenas, warrants, court orders, or other regulatory or law enforcement requests, or where necessary to protect our property or rights or the safety of our employees, our Clients, or other individuals.

Potential Purchasers of Our Business:

We may change our ownership or corporate organization  while providing the Services. We may transfer to another entity or its affiliates or service  providers some or all information about you in connection with, or during negotiations of, any  merger, acquisition, sale of assets or any line of business, change in ownership control, or  financing transaction. We cannot promise that an acquiring party or the merged entity will have  the same privacy practices or treat your information the same as described in this Policy.

We may use and share at our discretion data that has been aggregated (information that has  been compiled into summaries) or de-identified (information that has been stripped of all unique identifiers such that it cannot be linked to a particular individual).

Change of Ownership or Corporate Organization

We may transfer to another entity or its affiliates or service providers some or all information about you in connection with, or during negotiations of, any merger, acquisition, sale of assets or any line of business, change in ownership control, or financing transaction. We cannot promise that an acquiring party or the merged entity will have the same privacy practices or treat your information the same as described in this Policy.

Cross-border Transfer of Data

If you use our Services outside of the United States, you understand that we may collect, process, and store your information in the United States and other countries. The laws in the U.S. regarding information may be different from the laws of your state or country. Any such transfers will comply with safeguards as required by relevant law. By using the Services, you consent to the collection, international transfer, storage, and processing of your data.

Our Practices Regarding Information Belonging to Children

The Services are intended for users age thirteen and older. WRKOUT does not knowingly collect information from children. If we discover that we have inadvertently collected information from anyone younger than the age of 13, we will delete that information.

Sharing of Medical or Health Information

To the extent that we receive protected health information about you, that information is subject to electronic disclosure to the extent permitted by applicable law.

Your Options and Rights Regarding Your Information

Your Account:

Please log in to your account page to update your contact information and payment method.

Email Unsubscribe:

If at any time you would like to unsubscribe from receiving future emails, you can click the unsubscribe link at the bottom of any email newsletter, or email us at info@wrkout.com and we will promptly remove you from all correspondence.

Ad Choices:

You can learn more about ad serving companies and the options available to limit  their collection and use of your information by visiting the websites for the Network Advertising Initiative, the Digital Advertising Alliance, and the European Interactive Digital Advertising Initiative. Similarly, you can learn about your options to opt out of mobile app tracking by certain advertising networks through your device settings and by resetting the advertiser ID on your Apple or Android device.

Please note that opting out of advertising networks services does not mean that you will not  receive advertising while using our Services or on other websites, nor will it prevent the receipt  of interest-based advertising from other companies that do not participate in these programs. It  will, however, exclude you from interest-based advertising conducted through participating  networks, as provided by their policies and choice mechanisms. If you delete your cookies, you  may also delete your opt-out preferences.

Most web browsers automatically accept cookies but, if you prefer, you can usually modify your  browser setting to disable or reject cookies. If you delete your cookies or if you set your browser  to decline cookies, some features of the Services may not be available, work, or work as  designed. You may also be able to opt out of or block tracking by interacting directly with the  other companies who conduct tracking through our Services.

Your browser or device may include “Do Not Track” functionality. If you have selected this  feature, we will continue to use cookies and other tracking technologies to provide you the  features of our website but will block other parties from being able to collect data regarding your  interactions with our site via cookies.

Your California Privacy Rights

The California Consumer Privacy Act (“CCPA”) provides California residents with rights to  receive certain disclosures regarding the collection, use, and sharing of information about them,  as well as rights to know/access, delete, and limit sharing of personal information. You have the  right to be free from discrimination based on your exercise of your CCPA rights.  To the extent that we collect personal information that is subject to the CCPA, that information,  our practices, and your rights are described below.

Notice at Collection Regarding the Categories of Personal Information Collected

You have the right to receive notice of the categories of personal information we collect, and the  purposes for which we use personal information. You also have the right to know about the  sources of the personal information and to whom it is disclosed or sold. The categories we use  below to describe personal information are those enumerated in the CCPA.  Entities to whom we disclose information for business purposes are service providers, which are  companies that we engage to conduct activities on our behalf. Service providers are restricted  from using personal information for any purpose that is not related to our engagement.  Entities to whom we “sell” information are third parties. Under the CCPA, a business “sells”  personal information when it discloses it to a company for monetary or other benefit. A company may be considered a third party either because the purpose for its sharing of personal  information is not for an enumerated business purpose under California law, or because its  contract does not restrict it from using personal information for other purposes.  We collect this personal information from the sources described in the Information We Collect  section above for the purposes described in the How We Use Your Information section above.

Information  Type

Collected

Disclosed to

Personal Identifiers
  • Contact information (name, phone number, address).
  • Social media handles and account.
  • Social media handles and account.
    Information Unique identifiers (such as those assigned in cookies).
Service Providers
Health Information
  • Protected health information.
  • Physical status or ailments.
Service Providers
Payment Information
  • Payment card data.
  • Bank account information.
Service Providers
Protected Classifications
  • Age
  • Date of Birth
  • Gender
  • Disability status
Service Providers
Commercial Information
  • Transaction information
  • Billing and payment records
  • Order history
Service Providers
Geolocation Information
  • Precise (e.g., via GPS)
  • Coarse information (e.g., ZIP code, IP address)
Service Providers
Internet or Electronic Network Activity  Information
  • IP address
  • Device identifier (e.g., MAC)
  • Advertising identifier (e.g., IDFA, AAID)
  • Information provided in URL string (e.g., search keywords)
  • Cookie or tracking pixel information
  • Information about your interaction with our website, app, or email correspondence
Service Providers
Audio, Electronic, Visual, Thermal, Olfactory, or  Similar Information
  • Photographs
Service Providers
Professional or Employment Related Information
  • Current employer
  • Employment history
Service Providers
Education Information
  • Education history
  • Level of education
Service Providers
Inferences Drawn About You
  • User profile
  • Interests
  • Preferences
Service Providers
We do not collect your social security number or information about your physiological, biological,  or behavioral characteristics. Personal information may be disclosed in additional, more limited circumstances, as described  in How We Share Your Information above.

Right to Know and Request Access to and Deletion of Personal Information

You have the right to request access to personal information collected about you and information regarding the source of that personal information, the purposes for which we collect it, and the third parties and service providers with whom we share it. You also have the right to request in certain circumstances that we delete personal information that we have collected directly from you. We may have a reason under the law why we do not have to comply with your request, or why we may comply with it in a more limited way than you anticipated. If we do, we will explain that to you in our response.

How to Submit an Access or Deletion Request

You may authorize another individual or a business registered with the California Secretary of State, called an authorized agent, to make requests on your behalf through these means.

Verification Procedures

In order to process your request to know/access or delete personal information we collect,  disclose, or sell, we must verify your request. We verify your identity by asking you to provide  personal identifiers we can match against information we may have collected from you  previously and confirm your request using the email or telephone account stated in the request. We will not use personal information we collect in connection with verifying or responding to your  request for any purpose other than responding to your request.

Special Information for Job Applicants

When you apply for a job with WRKOUT, we collect certain information about you as outlined in  this Policy. Information may be collected about you in multiple ways: you may provide it to us in  connection with your application; we may make observations in the application process or collect  information from public information sources; or you may authorize us to collect information from  other sources, such as a former employer or reference.

The following table describes our practices with regard to information submitted in the job  application process. If you use our website in the job application process, additional information  may be automatically collected, as described above.

Information  Type

Collected

Disclosed To

Sold To

Personal Identifiers
  • Contact information (name, phone number, address)
  • Social media handles and account information
Service Providers
Not Sold
Protected Classifications
  • Date of Birth
Service Providers
Not Sold
Geolocation Information
  • Coarse information (e.g., ZIP code, IP address)
Service Providers
Not Sold
Professional or  Employment Related Information
  • Current employer
  • Employment history
Service Providers
Not Sold
Education Information
  • Education history
  • Level of education
Service Providers
Not Sold
In certain circumstances, you may submit your application for employment through a third-party service that displays our job posting. We do not control the privacy practices of these third-party services. Please review their privacy policies carefully prior to submitting your application materials.

Information for Individuals Located in the EEA, U.K., and Switzerland

We process “Personal Data,” as that term is defined in the EU General Data Protection  Regulation, on the following legal bases: (1) with your consent; (2) as necessary to perform our  agreement to provide Services; and (3) as necessary for our legitimate interests in providing the  Services where those interests do not override your fundamental rights and freedom related to  data privacy. Information we collect may be transferred to, and stored and processed in, the  United States or any other country in which we or our affiliates or subcontractors maintain  facilities, as described above. Users that reside in the European Economic Area (“EEA”), U.K., or Switzerland have the right  to lodge a complaint about our data collection and processing actions with the supervisory  authority concerned. Contact details for data protection authorities are available here. If you are a resident of the EEA, U.K., or Switzerland, you have certain rights. We may require  you to provide us with information so that we can verify you prior to giving you access to any records containing information about you. These rights include the ability to do the following:

To submit a request to exercise your rights, please contact us at info@wrkout.com. We may have a reason under the law why we do not have to comply with your request, or may comply with it in a more limited way than you anticipated. If we do, we will explain that to you in our response.

Changes to This Policy

For questions about our privacy practices, contact us at:
WRKOUT Media Ltd. 
2080 W 10th Avenue, Vancouver, BC V6J 2B3
604-629-6299
Email: info@wrkout.com

WRKOUT

Terms of Use

PERMISSION TO ACCESS OR USE THE WRKOUT PLATFORM IS GRANTED ON THE TERMS SET OUT IN THESE TERMS OF USE. BY ACCESSING, USING OR REGISTERING AN ACCOUNT ON THE WRKOUT PLATFORM, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE. PLEASE READ THESE TERMS OF USE CAREFULLY. IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING MANDATORY ARBITRATION, NO CLASS RELIEF, AND WAIVER OF YOUR RIGHT TO A JURY TRIAL. PLEASE TAKE A FEW MINUTES TO REVIEW THE SECTION 16. When used in these Terms of Use, “WRKOUT,” “we,” “us,” or “our” refers to Wrkout  Media Ltd. and its affiliates, “user” refers to any person or entity who accesses, uses or  registers an account on the WRKOUT Platform, “MOVR” and “MOVRS” and “TRNR” and “TRNRS” refers to those users as defined in Section 1, and “you” refers to the user,  MOVR or TRNR, as applicable, to whom any particular provision of these Terms of Use  applies. All additional terms, conditions, policies, guidelines, standards, forms, rules and  disclosures referred or linked to in these Terms of Use form a part of these Terms of Use  (and these Terms of Use together with all such additional material, collectively, the  “Terms”), including the following:  - Platform Rules and Content Guidelines - Privacy Policies (general and European Union) - Copyright Policy WRKOUT reserves the right to amend the Terms from time to time by written notice to all  holders of Accounts. DISCLAIMER: THE PLATFORM IS INTENDED FOR USE SOLELY IN CANADA AND THE UNITED STATES. ANYONE ACCESSING OR USING THE PLATFORM OUTSIDE OF CANADA AND THE UNITED STATES DOES SO AT THEIR OWN RISK AND, IN DOING SO, IS SOLELY RESPONSIBLE FOR COMPLIANCE WITH THE LOCAL LAWS OF THEIR OWN JURISDICTION. WRKOUT DISCLAIMS ANY AND ALL RESPONSIBILITY WITH RESPECT TO THE ACCESS OR USE OF THE PLATFORM BY ANY USER LOCATED IN A JURISDICTION OUTSIDE OF CANADA AND THE UNITED STATES, NOR DOES IT REPRESENT OR WARRANT THAT THESE TERMS COMPLY WITH THE LAWS OF ANY JURISDICTION OUTSIDE OF CANADA AND THE UNITED STATES.

1. WRKOUT Platform

The WRKOUT Platform (hereinafter referred to as the Platform) is a virtual referral service connecting users (“MOVRS” and each a “MOVR”) who want to engage for virtual personal physical training and other related services (“Services” or “Training Sessions”) with independent certified physical personal trainers who provide such services (“TRNRS” and each a “TRNR”) Training Sessions are delivered live on the Platform via online video by TRNRS to MOVRS. Both MOVRS and TRNRS must register and open an account on the Platform to access and use its features, including to provide or receive the Services, all in accordance with the terms and conditions set out in these Terms.

2. Role of WRKOUT

As the host of the Platform which allows MVRS to engage for Services and TRNRS to  offer Services, WRKOUT enables connections between MOVRS and TRNRS but is not  in an agency relationship with any user of the Platform. WRKOUT DOES NOT OWN, CONTROL, SUPERVISE, MONITOR, HAVE ACCESS TO OR MANAGE TRAINING SESSIONS, WHICH THE TRNRS PROVIDE AS INDEPENDENT CONTRACTORS AND NOT AS EMPLOYEES OR AGENTS OF WRKOUT. WRKOUT’s RELATIONSHIP WITH  TRNRS IS IN AN INDEPENDENT CONTRACTOR BASIS, AND NEITHER ARE  ENTITLED TO EMPLOYMENT BENEFITS THE COMPANY MAY PROVIDE TO ITS  EMPLOYEES, INCLUDING WITHOUT LIMITATION, WORKERS’ COMPENSATION  INSURANCE, UNEMPLOYMENT INSURANCE BENEFITS, GROUP HEALTH  INSURANCE BENEFITS, AND PENSION AND SIMILAR BENEFITS. WRKOUT MAKES  NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE  RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, EXPERTISE, SKILLS,  EXPERIENCE OR AVAILABILITY OF TRNRS OR THE SERVICES, as more particularly  provided in these Terms. 

3. Account

3.1 Registration

In order to use the various Platform features, you, whether you are a MOVR, a TRNR or both, must register for and maintain an active membership account (“Account”), which you may do so only if are eligible under Section 3.2. Account registration requires you to submit to WRKOUT certain personal information, including your name, address, mobile phone number and age, and if you are a registering as a MOVR, your certification that you are capable of participating in physical training and at least one valid payment method supported by WRKOUT. In addition, if you wish to become a TRNR, you must meet eligibility criteria to become a TRNR and enter into the TRNR Agreement. TRNRS must register and enter into a contractor agreement with WRKOUT, and provide basic information to self-certify their experience and qualifications. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to  maintain accurate, complete, and up-to-date Account information, including a  material change to your health or having an invalid or expired payment method on  file, may result in your inability to access or use the Services. MOVRS and TRNRS may only maintain one Account at any time and may not transfer or assign their  Account to or share access to their Account with someone else. You are  responsible for maintaining the confidentiality and security of your account  credentials and may not disclose your credentials to any third party. You are  responsible and liable for activities conducted through your account and must  immediately notify WRKOUT if you suspect that your credentials have been lost or  stolen or that your account has otherwise been compromised. As permitted by  applicable law, we may, but have no obligation to (i) ask you to provide  identification or other information, (ii) undertake checks designed to help verify  your identity or background, (iii) screen you against third-party databases or other  sources and request reports from service providers, and (iv) obtain reports from  public records of criminal convictions or sex offender registrations or their local  equivalents. Having an Account enables you, as a MOVR, to purchase or, as a  TRNR, to provide Training Sessions and to obtain various other goods and  services from time to time, including Third-Party Services.

3.2 Eligibility

You are not permitted to register an Account unless you meet the following criteria, and by registering an Account, you represent and warrant to WRKOUT that:

4. Fees and Payments

4.1WRKOUT Fees

Each MOVR will have an Account “wallet” to which the MOVR may contribute from time to time and against which WRKOUT Fees will be deducted (the “MOVR Account”). Each MOVR will have a minimum one-year subscription for access to the Services, and a recurring annual membership fee, at the then applicable rate established by WRKOUT from time to time (the “Membership Fee”), will be charged to a MOVR’S Account on each anniversary date of Account registration unless the Account has been terminated prior to such Anniversary Date. The Membership Fee will be payable up-front annually or monthly in advance, at the MOVR’S option. Fees for individual Training Sessions (“Training Fees”) or training packages for a fixed number of Training Sessions (the “Training Packages”) will be established by the applicable TRNR and will be charged and payable on top of the monthly Membership Fee in advance of each Training Session. WRKOUT does not set the pricing for Training Sessions. If you choose to purchase other goods or services on the Platform, those will also be charged separately to your MOVR Account (“Other Fees”). All Membership Fees and Other Fees (collectively “WRKOUT Fees”) are final and non-refundable, unless otherwise required by law or determined by WRKOUT. As between you and WRKOUT, WRKOUT reserves the right to establish, remove and/or revise the WRKOUT Fees (not yet charged to your MOVR Account) for any or all services or goods obtained through the use of the Platform at any time in WRKOUT's sole discretion. TRNRS may revise their Training Fee from time to time provided that a TRNR may not change a Training Fee applicable to a Training Session that has already been booked. WRKOUT will use reasonable efforts to inform you of any changes to its pricing. Notwithstanding any changes in pricing or your awareness thereof, you will be responsible for all WRKOUT Fees and Training Fees validly charged to your MOVR Account. Any issues related to fees, refunds or bookings should be directed by email to solutions@wrkout.com; we will attempt to address all such issues expeditiously. If we cannot reach a mutually acceptable resolution, disputes shall be resolved in accordance with Section 16 below.

4.2 Payments

WRKOUT will process payment of all WRKOUT Fees and Training Fees charged to your MOVR Account or your “wallet” contributions using the preferred payment method designated in your MOVR Account, after which you will receive a receipt by email. If your primary MOVR Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that WRKOUT may use a secondary payment method in your MOVR Account, if available, or consider you in Default (see Section 11.2).

4.3 Complimentary Items

WRKOUT may, from time to time, provide users with certain complimentary or promotional items, including without limitation, credits towards personal training sessions, or months of membership, or other account credits or promotional items (collectively “Complimentary Items”). Complimentary Items are offered at WRKOUT's discretion, have no cash value and are non-refundable, non-transferable and non-descendible. Complimentary Items expire ninety (90) days after the date of issuance, unless otherwise expressly stated on a voucher or other written terms and conditions for a Complimentary Item. All applicable WRKOUT policies, including, without limitation, policies on booking and cancelling Training Sessions, apply to your use of Complimentary Items. Complimentary Items may only be redeemed and used while you are a registered user in good standing and will become null and void upon any cancellation of your membership or MOVR Account. Complimentary Items will not be considered in computing the amount of any refund to which you may be entitled upon cancellation of your membership or MOVR Account.

4.4 Discounts

WRKOUT may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged to you for the same or similar services or goods, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the WRKOUT Fees applied to you.

5. MOVR-Only Terms

5.1 Training Sessions

Training Sessions are provided in 50-minute units. MOVRS have a choice of purchasing a personal Training Session, a group Training Session with up to five other MOVRS connecting to the same Training Session on the Platform, or a Training Package with a specific TRNR (each, an “Offering”). The price for each type of Offering is charged to a MOVR’s Account at the time of booking or purchase.

5.2 Booking Training Sessions

When you book a personal or group Training Session, you are agreeing to pay the applicable Training Session price plus any applicable taxes and any other Fees, including in respect of additional guests, identified during checkout. When you receive the booking confirmation, a contract between you as a MOVR and a specified TRNR for one or more Training Sessions (sometimes called a reservation in these Terms) is created, which entitles you to participate in, attend, or use that reserved Training Session. TRNRS may require MOVRS to provide information and/or complete a questionnaire as to their level of fitness and any physical limitations that you, as a MOVR, may have that will affect the Training Session. TRNRS and MOVRS are not required to book a specific number of Training Sessions to keep their membership active. TRNRS can accept, reject, or ignore any Training Session request. MOVRS and TRNRS that  meet each other through this Platform may not, under any circumstances, arrange for or participate in any virtual training sessions with each other outside of the Platform and it will be a Default to violate this restriction which  could and will likely result in termination of the violator’s Account.

5.3 Modifications, Cancellations and Refunds

You may cancel or reschedule your  Training Session up to twenty-four (24) hours before the Training Session is due  to start. A MOVR will be charged for the full cost of the Training Session if such  MOVR cancels or reschedules with less than twenty-four (24) hours' prior notice or if fails to show up for such Training Session. MOVRS are not entitled to any refund for or reinstatement of any late-cancelled or missed Training Session. MOVRS are responsible for any booking modifications they request via the Platform or through WRKOUT customer service (“Booking Modifications”), and agree to pay any additional amounts, fees, or taxes associated with any Booking Modification.

5.4 Guests

Guests are family or friends who are training alongside you at the same  location and through the same personal device. If you wish to include up to two  additional guests for either your personal Training Session or a group Training  Session, this must be indicated at the time of booking and must be approved by  the applicable TRNR. You may not allow any person to join a Training Session  unless (i) they are included as an additional guest during the booking process and  (ii) your TRNR has given approval. Like MOVRS, each guest may be required by the TRNR to complete a physical health questionnaire and to provide a written waiver and release during the booking process. TRNRS each reserve the right to charge additional fees for additional guests. You are solely responsible for the safety of any guests that join you in a Training Sessions and for ensuring that your guests meet minimum age, proficiency, fitness, or other requirements.

5.5 Children

Children under fifteen (15) years of age are not permitted to participate in a Training Session as an additional guest or otherwise. You, as a child's parent or legal guardian, will be required to sign a waiver and release form on behalf of your 15-18 year old child (“Eligible Child”) before your Eligible Child may participate in any Training Session or other Services. At all times during a Training Session, Eligible Children must be accompanied by a parent or legal guardian, and you are solely responsible for the supervision and safety of that Eligible Child.

5.6 Searching for a Training Session

You can search for available Training Sessions by using criteria like the type of Training Session, name of TRNR, Training Session price, dates, and time. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like availability, TRNR Ratings, and more.

5.7 Training Session

At the start of any Training Session, you are responsible for confirming that you and anyone you invite to join you meet minimum age, proficiency, fitness, or other requirements. You are responsible for informing the TRNR of any medical or physical conditions or other circumstances that may impact your or your guest’s ability to participate, attend, or use the Training Session, and you are required to answer any reasonable questions asked by the TRNR as an assurance of your ability to participate in the Training Session.

5.8 Referral Program

5.8 Referral Program

MOVR Liability and Assumption of Risk. You are responsible and liable  for your own acts and omissions and are also responsible for the acts  and omissions of anyone you invite to join your Training Sessions. You  acknowledge that WRKOUT does not own, control, monitor, have access  to or manage Training Sessions. You acknowledge that physical fitness  training that will be conducted during each Training Session carries  inherent risks to your person and property and that of your guests. You  hereby agree that, to the maximum extent permitted by applicable law,  you assume the entire risk arising out of your and your guests’ access to  and use of the Platform and participation in any Training Session, use of  any other Services, or any other interaction you have with TRNRS or other  MOVRS whether in person or online. This means it is your responsibility  to investigate a Training Session to determine whether it is suitable for  you, to disclose to your TRNR at the start of a Training Session, and to  monitor your physical condition and health before, during and after any  Training Sessions. For example, Training Sessions may carry risk of  bodily injury, disability, or death, and you freely and willfully assume  those risks by choosing to participate in those Training Sessions.

6. Network Access

TRNRS and MOVRS are individually responsible for obtaining the data network access necessary to use or provide the Services (including Training Sessions). Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and applications (including video camera, microphone and speakers having minimum capabilities set out in the Platform Rules and Content Guidelines) and any updates thereto. WRKOUT does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

7. Prohibition on Recording

No MOVR or TRNR is permitted to record, photograph or take screen shots of any  Training Session nor copy, reproduce, publish, display, broadcast or distribute any video  recording, photograph or screen shot of a Training Session on any website, social media  or any other online or offline platform whatsoever without the express written consent of  the other party and the party that is the subject of the recording, photograph or screenshot provided that TRNR may, with the express permission of MOVR as indicated by MOVR’S  acceptance of recording prior to the Training Session, take video recording, photographs and screen shots for the purpose of training that MOVR and for no other purpose whatsoever. You acknowledge and agree that a breach of this provision by you will allow WRKOUT to immediately terminate your membership or Account for Default. MOVRS and TRNRS acknowledge that WRKOUT shall have no liability to any user resulting from a breach of this provision by any other user.

8. Ratings and Reviews

After each Training Session, MOVRS and TRNRS will have an opportunity to rate and  review each other. Your Review must be accurate and may not contain any  discriminatory, offensive, defamatory, or other language that violates WRKOUT’s  Platform Rules and Content Guidelines. Ratings and reviews are not verified by WRKOUT for accuracy and may be incorrect or misleading. WRKOUT reserves the right to remove  any review for any reason, but in no event will WRKOUT have any obligation to remove  any rating of review.

9. Content

9.1 Platform Content

The Platform contains text, photos, audio, video, information, software, code and other content (collectively, “Content”). You acknowledge that all intellectual property rights for the Content (other than User Content) are the exclusive property of WRKOUT and/or its licensors and agree that you will not remove, modify or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the Platform except to the extent you are the legal owner of User Content. WRKOUT reserves the right to remove or delete any Content at its sole discretion without any prior notice to you.

9.2 User Content

Any Content provided by you (“User Content”) remains your property. However, by providing User Content, in whatever form and through whatever means, you grant WRKOUT a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit, that User Content, without limitation. You are solely responsible for all User Content and warrant that you either own it or are authorized to grant WRKOUT the rights described in these Terms. You are responsible and liable if any of your User Content violates or infringes the intellectual property or privacy rights of any third party or WRKOUT’s Platform Rules and Content Guidelines. User Content must comply with the Platform Rules and Content Guidelines, which prohibit, among other things, Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by WRKOUT in its sole discretion. You agree that WRKOUT may make available services or automated tools to translate Content and that your User Content may be translated using such services or tools. WRKOUT does not guarantee the accuracy or quality of translations.

9.3 Third-Party Content

The Platform may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of WRKOUT.

9.4 No Reliance

The Content is provided on an “as is” basis, and no  representations, warranties, or guarantees, whether express or implied, are  made by WRKOUT regarding the accuracy, completion or currency thereof, the  intellectual property rights thereto or any other matter whatsoever. WRKOUT will have no responsibility or liability to you whatsoever, or to any third party, with  respect to any Content on the Platform.

9.5 Copyright Infringement

If you believe that Content on the WRKOUT Platform infringes copyrights of WRKOUT or any third party, please notify us in accordance with our Copyright Policy.

10. WRKOUT Platform Rules

10.1 Rules

You must follow WRKOUT’s Platform Rules and Content Guidelines and must not help or induce others to break or circumvent Platform Rules and Content Guidelines.

10.2 Reporting Violations

If you believe that a MOVR, TRNR or Content poses a risk of harm to a person or property, you should immediately contact local authorities before contacting WRKOUT. In addition, if you believe that a MOVR, TRNR or Content has violated Platform Rules and Content Guidelines, you should report your concerns to WRKOUT. If you reported an issue to local authorities, WRKOUT may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report.

11.Termination and other Measures

11.1 Account Termination

You may terminate your membership or Account at any time in the WKROUT application. WRKOUT may terminate your membership or Account for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your Account in which case a prorated portion of your Membership Fee will be credited to your MOVR Account and the balance remaining in your MOVR Account, net of any outstanding amounts due to WRKOUT, shall be paid to you. WRKOUT may also terminate your membership or Account immediately and without notice if you are in Default. If your Account has been inactive for more than two years, we may suspend or terminate your Account without prior notice. In the case of termination or suspension, all amounts remaining in your Account shall be refunded to you.

11.2 User Violations

If (i) you breach these Terms, Platform Rules and Content  Guidelines or any of our other policies, as enacted or amended by us from time  to time, (ii) you violate applicable laws, regulations, or third-party rights, (iii)  WRKOUT believes it is reasonably necessary to protect WRKOUT, its users or  third parties; or (iv) your payment method on file has expired or is invalid (any  one of these events, a “Default”), WRKOUT may, with or without prior notice:

11.3

For minor violations or where otherwise appropriate, in each case, as WRKOUT determines in its sole discretion, you may be given notice of any intended measure by WRKOUT and an opportunity to resolve the issue. You may inquire about actions taken by us under this Section by contacting solutions@wrkout.com.

11.4 Legal Mandates

For minor violations or where otherwise appropriate, in each case, as WRKOUT determines in its sole discretion, you may be given notice of any intended measure by WRKOUT and an opportunity to resolve the issue. You may inquire about actions taken by us under this Section by contacting solutions@wrkout.com.

11.5 Effect of Termination

If your membership or MOVR Account is terminated, any confirmed Training Sessions will be automatically cancelled and you will not be entitled to any refund of your Membership Fee you may have purchased unless required by law and except as provided for in Section 11.1. Once your Account has been terminated, you are not entitled to a restoration of your Account or any of your User Content. If your access to or use of the Platform has been limited or your Account has been suspended or terminated by us for Default, you may not register a new account without our express written permission or access or use the Platform through an account of another MOVR.

12. Resolving Complaints

We offer a platform that enables MOVRS to connect directly with TRNRS, none of whom are either employees or agents of WRKOUT. While we work hard to ensure all of our users have a high quality experience using the Platform, we do not and cannot control the conduct of either MOVRS or TRNRS. If, at any time, a MOVR or a TRNR has a complaint with respect to the other or any particular Training Session, that MOVR or TRNR may file a formal complaint by emailing solutions@wrkout.com and WRKOUT will use reasonable efforts to resolve the complaint. MOVRS and TRNRS agree to cooperate with and assist WRKOUT in good faith and to provide WRKOUT with such information and take such actions as may be reasonably requested by WRKOUT with respect to any investigation undertaken by WRKOUT regarding the filed complaint.

13. Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT THE PLATFORM, ITS CONTENT AND THE  SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WRKOUT DISCLAIMS  ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR  STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE  IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR  PURPOSE AND NON-INFRINGEMENT. IN ADDITION, WRKOUT MAKES NO  REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE  RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE  SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF  THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. For example: (i) we do not endorse or warrant the existence, conduct,  performance, safety, quality, legality or suitability of any TRNR, Training Session  or third party service; (ii) we do not warrant the performance or non-interruption of  the Platform; and (iii) we do not warrant that verification, identity or background  checks conducted on TRNRS are accurate and complete or that they will identify  past misconduct or prevent future misconduct. Any references to a TRNR being  “verified” (or similar language) indicate only that the TRNR or WRKOUT has  completed a relevant verification or identification process and nothing else. The  disclaimers in these Terms apply to the maximum extent permitted by law. If you  have statutory rights or warranties we cannot disclaim, the duration of any such  statutorily required rights or warranties, will be limited to the maximum extent  permitted by law.

14. Limitations on Liability

NEITHER WRKOUT NOR ANY OTHER PARTY INVOLVED IN CREATING,  PRODUCING, OR DELIVERING THE PLATFORM OR ANY CONTENT WILL BE  LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL,  SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE  COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR  PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR  IN CONNECTION WITH (I) THESE TERMS, (II) THE USE OF OR INABILITY TO USE  THE PLATFORM OR ANY CONTENT, (III) ANY COMMUNICATIONS, INTERACTIONS  OR MEETINGS YOU MAY HAVE WITH SOMEONE YOU INTERACT OR MEET WITH  THROUGH, OR AS A RESULT OF, YOUR USE OF THE PLATFORM, OR (IV)  BOOKING OF A TRAINING SESSION, INCLUDING THE PROVISION OR USE OF  TRAINING SESSIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT  (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL  THEORY, AND WHETHER OR NOT WRKOUT HAS BEEN INFORMED OF THE  POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET OUT IN THESE  TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.  IN NO EVENT WILL WRKOUT’S AGGREGATE LIABILITY FOR ANY CLAIM OR  DISPUTE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, YOUR  INTERACTION WITH ANY USER, OR YOUR USE OF OR INABILITY TO USE THE  WRKOUT PLATFORM, ANY CONTENT, OR ANY TRAINING SESSION, EXCEED THE  AMOUNT YOU PAID AS A MOVR OR RECEIVED IN COMPENSATION AS A TRNR  DURING THE 12-MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE  LIABILITY.  THESE LIMITATIONS OF LIABILITY AND DAMAGES ARE FUNDAMENTAL  ELEMENTS OF THE AGREEMENT BETWEEN YOU AND WRKOUT. IF APPLICABLE  LAW DOES NOT ALLOW THE LIMITATIONS OF LIABILITY SET OUT IN THESE  TERMS, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

15. Indemnification

We reserve the right to modify this Agreement or its terms relating to the Website and Services  at any time, effective upon posting of an updated version of this Agreement on the Website.  When we do, we will revise the updated date at the bottom of this page. Continued use of the  Website and Services after any such changes shall constitute your consent to such changes. 
To the maximum extent permitted by applicable law, you agree to release, defend  (at WRKOUT’s option), indemnify, and hold WRKOUT (including its affiliates) and  its officers, directors, employees, agents and anyone for whom WRKOUT is  responsible at law harmless from and against any claims, liabilities, damages,  losses, and expenses, including, without limitation, reasonable legal fees, arising  out of or in any way connected with: (i) your breach of these Terms (including any  supplemental or additional terms that apply to a product or feature), including our  Platform Rules and Content Guidelines or any of our other policies applicable to  you pursuant to these Terms, (ii) your improper use of the Platform, (iii) your  interaction with any user at a Training Session or otherwise, including without  limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as  a result of such interaction, participation or use, or (iv) your breach of any laws,  regulations or third party rights such as intellectual property or privacy rights

16. Governing Law and Dispute Resolution

16.1 Dispute Resolution and Waiver of Rights

You agree that any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (a “Dispute”) shall be resolved exclusively and finally in accordance with this Section 16. UNLESS OTHERWISE EXCEPTED  UNDER THESE TERMS AND TO THE MAXIMUM EXTENT PERMITTED BY  LAW, YOU AGREE THAT ALL DISPUTES WILL BE RESOLVED OUTSIDE  OF COURT BY MEDIATION AND ARBITRATION AS CONTEMPLATED  UNDER THESE TERMS AND BROUGHT BY YOU SOLELY IN AN  INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN  A CLASS, CONSOLIDATED, REPRESENTATIVE OR SIMILAR  PROCEEDING, AND YOU HEREBY WAIVE ALL RIGHTS TO LITIGATE A  DISPUTE IN ANY COURT, TO BE HEARD BY A JURY OR TO PARTICIPATE  IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR SIMILAR  PROCEEDING. YOU ALSO UNDERSTAND THAT OTHER RIGHTS THAT  YOU MAY HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE  IN MEDIATION OR ARBITRATION. THE WAIVER OF SOME OR ALL OF THE  FOREGOING RIGHTS IS PROHIBITED BY LAW IN SOME JURISDICTIONS,  AND TO THE EXTENT SO PROHIBITED, MAY NOT APPLY TO YOU.

16.2 Exceptions to Mandatory Mediation and Arbitration

16.3 Canada. If you are a resident of Canada:

16.4 United States. If you are a resident of the United States:

17. Privacy Policy

It is WRKOUT’s commitment to maintain the principles of integrity and trust with respect to the protection of personal information. WRKOUT collects users’ personal information strictly for the purposes serving our users on the Platform, including for the purpose of administering users’ Accounts, helping users connect with one another on the Platform and access Services, updating or offering users with relevant information and promotions, improving and developing new services, ensuring compliance with these Terms and ensuring legal compliance. Please review our full Privacy Policy for more information.

18. General Website or Application Terms

19. Miscellaneous

19.1 Entire Agreement

Except as they may be modified or supplemented from time to time, these Terms (including those terms, conditions, policies, guidelines, standards, forms, rules and disclosures that form part of these Terms) constitute the entire agreement between WRKOUT and you pertaining to your access to or use of the Platform.

19.2 No Rights of Third Parties

Subject to Section 18.5, these Terms do not and are not intended to confer any rights or remedies upon anyone other than you and WRKOUT.

19.3 Severability

If any provision of these Terms is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein.

19.4 Modification of Terms

WRKOUT may modify these Terms, including any rules, policies or guidelines referred to in these Terms, at any time or times. We will notify you by email of any material changes to these Terms not less than 30 days before they become effective. Any revised Terms will be posted on the Platform showing the latest revision date at the top of these Terms. Your only remedy, if you disagree with the revised Terms, is to terminate your membership or Account and cease accessing or using the Platform. If you continue accessing or using the Platform after the date the revised Terms become effective, you are deemed to accept the revised Terms.

19.5 No Waiver

Any one or more failure on the part of WRKOUT to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

19.6 Force Majeure

WRKOUT shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labour or materials.

19.7 Contact Us

If you have any questions about these Terms, please email us: Solutions@wrkout.com

APPENDIX I
WRKOUT PLATFORM RULES AND CONTENT GUIDELINES

Platform Rules and Principles

Act with integrity and treat others with respect.
Do not lie, misrepresent something or someone, or pretend to be someone else.
Be polite and respectful when you communicate or interact with others.
Do not discriminate against or harass others.
Do not take any action that could damage or adversely affect the performance or proper  functioning of the Platform. 
Only use the Platform as authorized by these Terms or another agreement with us.
You may only use another MOVR’s personal information as necessary to facilitate a  transaction using the Platform as authorized by these Terms.
Do not use the Platform, our messaging tools, or MOVRS’ personal information to send  commercial messages without the recipient’s express consent.
You may use Content made available through the Platform solely as necessary to enable  your use of the Platform as a Guest or Host.
Do not use Content unless you have permission from the Content owner or the use is  authorized by us in these Terms or another agreement you have with us.
Do not scrape, hack, reverse engineer, compromise or impair the Platform.
Do not use bots, crawlers, scrapers, or other automated means to access or collect data  or other content from or otherwise interact with the Platform.
Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or  technological measure used to protect the Platform or Content.
Do not decipher, decompile, disassemble, or reverse engineer any of the software or  hardware used to provide the Platform.
Do not request, make, or accept a booking or any payment outside of the Platform to  avoid paying fees, taxes or for any other reason.
Do not require or encourage MOVRs to open an account, leave a review, complete a  survey, or otherwise interact, with a third party website, application or service before, during or after a session, unless authorized by WRKOUT.
Do not engage in any practices that are intended to manipulate our search algorithm. Do not use, copy, display, mirror or frame the Platform, any Content, any branding, or any  page layout or design without our consent.
Understand and follow the laws that apply to you, including privacy, data protection, and  export laws. If you provide us with someone else’s personal information, you: (i) must do so in  compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to  process that information under our Privacy Policy.
Do not use the name, logo, branding, or trademarks of or others without permission.
Do not use or register any domain name, social media handle, trade name, trademark,  branding, logo, or other source identifier that may be confused with branding.
Do not offer services that violate the laws or agreements that apply to you.
Do not offer or solicit prostitution or participate in or facilitate human trafficking.

Platform Non-Discrimination Commitment

Each MOVR and TRNR will not at any time discriminate against any MOVR or TRNR  because of race, color, religion, disability, sex, national origin, age, physical or mental  disability, veteran status,or any other unlawful criterion and that it shall comply with all  applicable laws against. TRNR further warrants that it shall comply with all applicable  provisions of the Americans with Disabilities Act and any other provisions regarding  accommodation of disabilities in the provision of services. WRKOUT seeks to build a  vibrant, safe, and healthy community through its Platform. Verbal abuse, threats of  physical harm, profanity, stalking, bullying directed at specific members of our  community, or harassment of any kind will not be tolerated. If you feel like you've been  harassed in any way please contact us at Solutions@Wrkout.com

CONTENT GUIDELINES

The following content standards apply to any and all content, material, and information a  user submits, posts, publishes, displays, or transmits (collectively, “submit”) to the  Platform, to other users or other persons (collectively, “User Submissions”). You warrant and agree that any User Submissions shall not:

APPENDIX II
Privacy Policy


Some of the information we collect is directly from you via the Website and Services. However, we may also collect Personal Information about you from other sources such as public databases, social media platforms, third-party data providers, and our joint marketing partners. Personal Information we collect from other sources may include demographic information, such as age and gender, device information, such as IP addresses, location, such as city and state, and online behavioral data, such as information about your use of social media websites, page view information and search results and links. You can choose not to provide us with your Personal Information, but then you may not be able to take advantage of some of the features on the Website. Users who are uncertain about what information is mandatory are welcome to contact us.

Use and Processing of Collected Information 

You can access and use the Website and Services without telling us who you are or revealing any information by which someone could identify you as a specific, identifiable individual. If, however, you wish to use some of the features on the Website, you may be asked to provide certain Personal Information (for example, your name and e-mail address). We receive and store any information you knowingly provide to us when you create an account, publish content, make a purchase, or fill any online forms on the Website. When required, this information may include the following:

In order to make the Website and Services available to you, or to meet a legal obligation, we  need to collect and use certain Personal Information. If you do not provide the information that  we request, we may not be able to provide you with the requested products or services. Any of  the information we collect from you may be used for the following purposes:


Processing your Personal Information depends on how you interact with the Website and  Services, where you are located in the world and if one of the following applies: (i) you have  given your consent for one or more specific purposes; this, however, does not apply, whenever  the processing of Personal Information is subject to California Consumer Privacy Act or  European data protection law; (ii) provision of information is necessary for the performance of  an agreement with you and/or for any pre-contractual obligations thereof; (iii) processing is  necessary for compliance with a legal obligation to which you are subject; (iv) processing is  related to a task that is carried out in the public interest or in the exercise of official authority  vested in us; (v) processing is necessary for the purposes of the legitimate interests pursued by us  or by a third party.Note that under some legislation we may be allowed to process information until you object to  such processing (by opting out), without having to rely on consent or any other of the following  legal bases below. In any case, we will be happy to clarify the specific legal basis that applies to  the processing, and in particular whether the provision of Personal Information is a statutory or  contractual requirement, or a requirement necessary to enter into a contract.

Billing and Payments

In case of services requiring payment, we request credit card or other payment account  information, which will be used solely for processing payments. Your purchase transaction data  is stored only as long as is necessary to complete your purchase transaction. After that is  complete, your purchase transaction information is deleted. Where necessary for processing  future payments and subject to your prior consent, your financial information will be stored in  encrypted form on secure servers of our reputed payment gateway service provider who is  beholden to treating your Personal Information in accordance with this Policy. All direct  payment gateways adhere to the latest security standards as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express  and Discover. Sensitive and private data exchange happens over a SSL secured communication  channel and is encrypted and protected with digital signatures, and the Website and Services are  also in compliance with PCI vulnerability standards in order to create as secure of an  environment as possible for Users. Scans for malware are performed on a regular basis for  additional security and protection.

Disclosure of information

Depending on the requested Services or as necessary to complete any transaction or provide any  service you have requested, we may contract with other companies and share your information  with your consent with our trusted third parties that work with us, any other affiliates and  subsidiaries we rely upon to assist in the operation of the Website and Services available to you.  We do not share Personal Information with unaffiliated third parties. These service providers are  not authorized to use or disclose your information except as necessary to perform services on our  behalf or comply with legal requirements. We may share your Personal Information for these  purposes only with third parties whose privacy policies are consistent with ours or who agree to  abide by our policies with respect to Personal Information. These third parties are given Personal  Information they need only in order to perform their designated functions, and we do not authorize them to use or disclose Personal Information for their own marketing or other  purposes.

We will disclose any Personal Information we collect, use or receive if required or permitted by  law, such as to comply with a subpoena, or similar legal process, and when we believe in good  faith that disclosure is necessary to protect our rights, protect your safety or the safety of others,  investigate fraud, or respond to a government request.

In the event we go through a business transition, such as a merger or acquisition by another  company, or sale of all or a portion of its assets, your user account, and Personal Information will  likely be among the assets transferred.

Retention of information

We will retain and use your Personal Information for the period necessary to comply with our  legal obligations, resolve disputes, and enforce our agreements unless a longer retention period is  required or permitted by law. We may use any aggregated data derived from or incorporating  your Personal Information after you update or delete it, but not in a manner that would identify  you personally. Once the retention period expires, Personal Information shall be deleted.  Therefore, the right to access, the right to erasure, the right to rectification and the right to data  portability cannot be enforced after the expiration of the retention period.

Transfer of information

Depending on your location, data transfers may involve transferring and storing your information  in a country other than your own. You are entitled to learn about the legal basis of information  transfers to a country outside the European Union or to any international organization governed  by public international law or set up by two or more countries, such as the UN, and about the  security measures taken by us to safeguard your information. If any such transfer takes place,  you can find out more by checking the relevant sections of this Policy or inquire with us using  the information provided in the contact section.

The rights of users

You may exercise certain rights regarding your information processed by us. In particular, you  have the right to do the following: (i) you have the right to withdraw consent where you have  previously given your consent to the processing of your information; (ii) you have the right to  object to the processing of your information if the processing is carried out on a legal basis other  than consent; (iii) you have the right to learn if information is being processed by us, obtain  disclosure regarding certain aspects of the processing and obtain a copy of the information  undergoing processing; (iv) you have the right to verify the accuracy of your information and ask  for it to be updated or corrected; (v) you have the right, under certain circumstances, to restrict  the processing of your information, in which case, we will not process your information for any  purpose other than storing it; (vi) you have the right, under certain circumstances, to obtain the  erasure of your Personal Information from us; (vii) you have the right to receive your information in a structured, commonly used and machine readable format and, if technically  feasible, to have it transmitted to another controller without any hindrance. This provision is  applicable provided that your information is processed by automated means and that the  processing is based on your consent, on a contract which you are part of or on pre-contractual  obligations thereof.
Where Personal Information is processed for the public interest, in the exercise of an official authority vested in us or for the purposes of the legitimate interests pursued by us, you may object to such processing by providing a ground related to your particular situation to justify the objection.

Data protection rights under GDPR

If you are a resident of the European Economic Area (EEA), you have certain data protection  rights and WRKOUT Media Inc. aims to take reasonable steps to allow you to correct, amend,  delete, or limit the use of your Personal Information. If you wish to be informed what Personal  Information we hold about you and if you want it to be removed from our systems, please  contact us. In certain circumstances, you have the following data protection rights:

You have the right to request access to your Personal Information that we store and have  the ability to access your Personal Information.
You have the right to request that we correct any Personal Information you believe is  inaccurate.
You also have the right to request us to complete the Personal Information  you believe is incomplete.
You have the right to request the erase your Personal Information under certain  conditions of this Policy.
You have the right to object to our processing of your Personal Information.
You have the right to seek restrictions on the processing of your Personal Information.  When you restrict the processing of your Personal Information, we may store it but will  not process it further.
You have the right to be provided with a copy of the information we have on you in a  structured, machine-readable and commonly used format.
You also have the right to withdraw your consent at any time where WRKOUT Media  Inc. relied on your consent to process your Personal Information.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority in the European Economic Area (EEA).

California privacy rights

In addition to the rights as explained in this Policy, California residents who provide Personal  Information (as defined in the statute) to obtain products or services for personal, family, or household use are entitled to request and obtain from us, once a calendar year, information about  the Personal Information we shared, if any, with other businesses for marketing uses. If  applicable, this information would include the categories of Personal Information and the names  and addresses of those businesses with which we shared such personal information for the  immediately prior calendar year (e.g., requests made in the current year will receive information  about the prior year). To obtain this information please contact us.

How to exercise these rights

Any requests to exercise your rights can be directed to WRKOUT Media Inc. through the contact details provided in this document. Please note that we may ask you to verify your identity before responding to such requests. Your request must provide sufficient information that allows us to verify that you are the person you are claiming to be or that you are the authorized representative of such person. You must include sufficient details to allow us to properly understand the request and respond to it. We cannot respond to your request or provide you with Personal Information unless we first verify your identity or authority to make such a request and confirm that the Personal Information relates to you.

Privacy of children

We do not knowingly collect any Personal Information from children under the age of 13. If you  are under the age of 13, please do not submit any Personal Information through the Website and  Services. We encourage parents and legal guardians to monitor their children's Internet usage and  to help enforce this Policy by instructing their children never to provide Personal Information  through the Website and Services without their permission. If you have reason to believe that a  child under the age of 13 has provided Personal Information to us through the Website and  Services, please contact us. You must also be at least 16 years of age to consent to the processing  of your Personal Information in your country (in some countries we may allow your parent or  guardian to do so on your behalf).

Cookies

The Website and Services use "cookies" to help personalize your online experience. A cookie is  a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run  programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can  only be read by a web server in the domain that issued the cookie to you. We may use cookies to collect, store, and track information for statistical purposes to operate the Website and Services. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. To learn more about cookies and how to manage them, visit internetcookies.org

Do Not Track signals

Some browsers incorporate a Do Not Track feature that signals to websites you visit that you do not want to have your online activity tracked. Tracking is not the same as using or collecting information in connection with a website. For these purposes, tracking refers to collecting personally identifiable information from consumers who use or visit a website or online service as they move across different websites over time. The Website and Services do not track its visitors over time and across third party websites. However, some third party sites may keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you.

Email marketing

We offer electronic newsletters to which you may voluntarily subscribe at any time. We are  committed to keeping your e-mail address confidential and will not disclose your email address  to any third parties except as allowed in the information use and processing section or for the  purposes of utilizing a third party provider to send such emails. We will maintain the information  sent via e-mail in accordance with applicable laws and regulations.

In compliance with the CAN-SPAM Act, all e-mails sent from us will clearly state who the e mail is from and provide clear information on how to contact the sender. You may choose to stop  receiving our newsletter or marketing emails by following the unsubscribe instructions included  in these emails or by contacting us. However, you will continue to receive essential transactional emails.
Links to other resources
The Website and Services contain links to other resources that are not owned or controlled by us.  Please be aware that we are not responsible for the privacy practices of such other resources or  third parties. We encourage you to be aware when you leave the Website and Services and to  read the privacy statements of each and every resource that may collect Personal Information.

Information security
We secure information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use, or disclosure. We maintain reasonable administrative, technical, and physical safeguards in an effort to protect against unauthorized access, use, modification, and disclosure of Personal Information in its control and custody. However, no data transmission over the Internet or wireless network can be guaranteed. Therefore, while we strive to protect your Personal Information, you acknowledge that (i) there are security and privacy limitations of the Internet which are beyond our control; (ii) the security, integrity, and privacy of any and all information and data exchanged between you and the Website and Services cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit by a third party, despite best efforts.

Data breach
In the event we become aware that the security of the Website and Services has been  compromised or users Personal Information has been disclosed to unrelated third parties as a  result of external activity, including, but not limited to, security attacks or fraud, we reserve the  right to take reasonably appropriate measures, including, but not limited to, investigation and  reporting, as well as notification to and cooperation with law enforcement authorities. In the  event of a data breach, we will make reasonable efforts to notify affected individuals if we  believe that there is a reasonable risk of harm to the user as a result of the breach or if notice is  otherwise required by law. When we do, we will send you an email.

Changes and amendments
We reserve the right to modify this Policy or its terms relating to the Website and Services from  time to time in our discretion and will notify you of any material changes to the way in which we  treat Personal Information. When we do, we will revise the updated date at the bottom of this  page. We may also provide notice to you in other ways in our discretion, such as through contact  information you have provided. Any updated version of this Policy will be effective immediately  upon the posting of the revised Policy unless otherwise specified. Your continued use of the  Website and Services after the effective date of the revised Policy (or such other act specified at  that time) will constitute your consent to those changes. However, we will not, without your  consent, use your Personal Information in a manner materially different than what was stated at  the time your Personal Information was collected.

Acceptance of this policy
You acknowledge that you have read this Policy and agree to all its terms and conditions. By  accessing and using the Website and Services you agree to be bound by this Policy. If you do not  agree to abide by the terms of this Policy, you are not authorized to access or use the Website  and Services.

Contacting us

If you would like to contact us to understand more about this Policy or wish to contact us  concerning any matter relating to individual rights and your Personal Information, you may send  an email to legal@wrkout.com

This document was last updated on April 28, 2021.

APPENDIX III
Copyright Policy

WRKOUT takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law.

Notice of Copyright Infringement

If you believe any materials accessible on or through the WRKOUT service (the "Platform") infringe your copyright, you may request removal of those materials (or access to them) from the Platform by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

Our designated Copyright Agent to receive DMCA Notices is: 
MeyrickJonesSolutions@WRKOUT.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity with regard to the Platform is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Counter-Notification Procedures

If you believe that material you posted, utilized, accessed, disseminated or downloaded using the Platform was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:

Completed Counter-Notices should be sent to our Designated Copyright Agent to receive DMCA  Notices using the contact information listed above. Upon receipt of a DMCA Counter-Notice substantially in the form above, WRKOUT will forward  a copy of the Counter-Notice to the complaining party that lodged the original DMCA Notice  alleging copyright infringement. The complaining party will then have ten (10) business days to  notify WRKOUT’s Designated Copyright Agent that it has filed a lawsuit relating to the allegedly  infringing material otherwise WRKOUT reserves the right to restore or cease disabling access  to the material that is the subject of the DMCA Notice. Please be aware that if you knowingly materially misrepresent that material or activity with the Platform was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of subscribers who are repeat infringers. WRKOUT reserves the right to treat any subscriber for whom we receive multiple DMCA notices as a repeat infringer.