Privacy Policy

Fit1Media Privacy Policy

Fit1Media Privacy Policy – Fit1Media L.L.C. operates the www.Fit1Media.com website, Fit.Digital website, and Digital-Cue.com website which provides the SERVICE.

This page is used to inform website visitors regarding our policies with the collection, use, and disclosure of Personal Information if anyone decided to use our Service, the www.Fit1Media.com website.

If you choose to use our Service, then you agree to the collection and use of information in relation to this policy. The Personal Information that we collect is used for providing and improving the Service. We will not use or share your information with anyone except as described in this Privacy Policy.

The terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, which is accessible at www.Fit1Media.com, unless otherwise defined in this Privacy Policy.

Information Collection and Use

For a better experience, while using our Service, we may require you to provide us with certain personally identifiable information, including but not limited to your name, phone number, and postal address. The information that we collect will be used to contact or identify you.

Log Data

We want to inform you that whenever you visit our Service, we collect information that your browser sends to us that is called Log Data. This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser version, pages of our Service that you visit, the time and date of your visit, the time spent on those pages, and other statistics.

Cookies

Cookies are files with a small amount of data that is commonly used as an anonymous unique identifier. These are sent to your browser from the website that you visit and are stored on your computer’s hard drive.

Our website uses these “cookies” to collect information and to improve our Service. You have the option to either accept or refuse these cookies and know when a cookie is being sent to your computer. If you choose to refuse our cookies, you may not be able to use some portions of our Service.

Service Providers

We may employ third-party companies and individuals due to the following reasons:

To facilitate our Service;
To provide the Service on our behalf;

To perform Service-related services; or
To assist us in analyzing how our Service is used.

We want to inform our Service users that these third parties have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.

Security

We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.

Links to Other Sites

Our Service may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

Children’s Privacy

Our Services do not address anyone under the age of 13. We do not knowingly collect personally identifiable information from children under 13. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. Thus, we advise you to review this page periodically for any changes. We will notify you of any changes by posting the new Privacy Policy on this page. These changes are effective immediately after they are posted on this page.

By using our website, you hereby consent to our Privacy Policy and agree to its Terms and Conditions.

Contact Us

If you have any questions or suggestions about our Privacy Policy, do not hesitate to contact us at 919.925.2200 or info@Fit1Media.com

PRIVACY NOTICE/NOTICE AT COLLECTION

Last Updated: January 2021

A. INTRODUCTION

This Privacy Notice /Notice At Collection (the “Privacy Notice”) applies to the U.S. website, mobile application or other digital service (each a “Digital Service”) linking to this Privacy Notice and owned or operated by Fit1Media LLC, Fit.Digital or its affiliates (“we”, “us”, “our” “Fit.Digital” or “Fit1Media”). This Privacy Notice describes the privacy practices of Fit1Media only and does not cover the practices of other companies, including those that may advertise or sponsor content, products, or services on the Digital Services.

B. WHAT INFORMATION WE OBTAIN

When you use a Digital Service, we may obtain various types of information related to you and your use of the Digital Service. This may include information that directly identifies you such as your name, address, or contact information (this type of information may be called “personal information” or “personally identifiable information”). The information we obtain generally consists of information (1) you give us about yourself, (2) you give us about others, (3) automatically collected about your interactions with the Digital Services and our content or ads on third-party websites, apps or other media, and (4) we get from other sources.

1. Information you give us

We may ask you to provide information about yourself when you use the Digital Services. For example, to subscribe to one of our newsletters, you will need to give us an email address. You may not be able to use certain features if you choose not to submit the requested information.

The information you give us may include details such as:

· Contact information (e.g., name, mailing address, email address or phone number).

· Demographic, interests, and household information (e.g., age, gender, or education).

· Payment information for subscriptions or purchases made through the Digital Services (e.g., payment card number, expiration date and billing information).

· Comments, photos, videos and other content or information you choose to publish on the Digital Services or otherwise share with us.

· Information you provide when you choose to participate in surveys, polls, sweepstakes, contests, or promotions (including information about your participation in activities that may generate loyalty or rewards points).

· Location information, which may include precise location information when you permit the Digital Services to access device location. To prevent the collection of precise location information, please refer to instructions provided by your mobile service provider or device manufacturer.

· Other information you may allow us to access through your device’s permissions settings, such as your contacts or address book.

· Transactional and activity information (e.g., requests, searches, or orders).

2. Information you give us about others

You may give us information about other people, such as the name and email of a friend or contact with whom you want to share an article or the name and address of a gift subscription recipient. Do not give us information about others unless you are authorized or have their consent to do so. We will use their information for the purposes described in this Privacy Notice.

3. Information automatically collected

The Digital Services automatically log certain information about visits to the Digital Services, such as the number and frequency of visitors, technical information about browsers and devices used to access the Digital Services, and information about crashes or other technical issues. In addition, we and third parties may automatically collect certain information through automated means about your activities over time across the Digital Services as well as across third-party sites, apps, or other media. The tools that collect this information vary depending on the Digital Services and include technologies such as cookies, web beacons, tags, scripts, pixels, local shared objects (including HTML5 cookies) and software development kits (“SDKs”). These technologies may be included in our web pages, mobile apps, emails, and other digital content. The tools may assign or collect unique cookie IDs or other identifiers associated with your browser or device. The tools may collect information while you are using our Digital Services or while they are running in the background of your device.

The information automatically collected may include:

· Information about your computer, device, browser, and operating system (e.g., type, model, or version).

· Internet protocol (IP) address, which may be used to derive your general geographic area (e.g., city and country).

· Device identifiers (e.g., mobile advertising IDs).

· Information about your interactions with the Digital Services, including browsing activities and clickstream data that reflect the content you have accessed, clicked on or viewed.

· Information about how you accessed the Digital Services, including details about websites or apps visited immediately before or after accessing a Digital Service.

· Demographic, interests, and household information.

· Information about your interactions with email messages and other communications, such as whether you opened or forwarded the email or clicked on links contained in the email.

For more information about the use of automated means in the context of interest-based advertising and how you can limit tracking, see section C. 3 For advertising and marketing purposes, including interest-based advertising.

4. Information we obtain from other sources

We receive information about you from other sources and it may be combined with other information about you. For example, we may obtain data from:

· Operators of third-party sites or apps, content distribution channels and platforms (e.g., Roku, Amazon Fire TV), voice-activated assistants (e.g., Amazon Alexa, Google Home) or other devices and technologies when you interact with our content, products, services or ads available on those channels and platforms. The information we receive may include information about the content you view or access as well as your demographic information and information about your interests.

· Third-party data suppliers such as data aggregators, data resellers, public databases, and business partners. They may provide us with demographic information, information about your purchases, and other information that helps us learn about you and other users of the Digital Services.

· Social Media Platforms and similar services (“Social Media Platforms”). When you engage with our content or ads on Social Media Platforms, or interact with features on the Digital Services that contain content or features provided by Social Media Platforms (e.g., login or sign in features or tools that allow you to share our content with others on Social Media Platforms), we may obtain information from Social Media Platforms, including your username, user ID, demographic information and other information, subject to the settings and privacy practices of the relevant Social Media Platform. We may obtain this information directly from the Social Media Platform or through plug-ins, integrations, or applications. Please keep in mind that the operators of the Social Media Platforms may also gather information about your use of the Digital Services and their features and tools.

C. HOW WE USE INFORMATION WE OBTAIN

If you make a purchase or place an order through or in connection with a Digital Service, we use your payment card information (e.g., your card number and expiration date) for limited purposes such as to process your transaction (including recurring payments, if applicable), to provide you with the requested products or services and for the purposes described under the section “To protect our rights or the rights of others” below.

With respect to information other than your payment card information, we use that information:

· To provide you with the Digital Services. This includes:

· Processing your requests regarding the Digital Services and our subscriptions, products or services, or your participation in a survey, sweepstakes, contest, promotion, event, or similar initiative.

· Providing customer assistance or technical support.

· Customizing content, providing recommendations and enhancing the quality and your overall experience with the Digital Services, including by retaining your user preferences or presenting content in the most effective manner for the browser or device you use to access the Digital Services.

· Maintaining, operating, improving, and developing the Digital Services and related content, products, or services, including developing new products and features based on users’ interactions with the Digital Services.

· Learning about users of the Digital Services and analyzing how you and others interact with and respond to the Digital Services, including by measuring and optimizing usage, reliability and performance, conducting market research, analyzing trends, and supporting our operations (e.g., for accounting, auditing, financial, legal or other purposes).

To communicate with you. This includes:

· Sending you informational messages about the Digital Services (e.g., to confirm your subscription or notify you of changes to a Digital Service).

· Delivering marketing or promotional communications, including offers or promotions about our or third parties’ products, services, or other initiatives.

· Responding to your questions or addressing your requests.

· Communicating with you about surveys, sweepstakes, contests, promotions, or events.

For advertising and marketing purposes, including interest-based advertising. This includes:

· Developing, managing, and conducting advertising and marketing campaigns, promotions and offers, including about our content, products, and services or third parties’ products, services, and other initiatives.

· Interest-based advertising (also known as targeted or personalized advertising or ads) is advertising based on your interests as inferred from your activities over time on the Digital Services and online services operated by third parties, as well as information from other sources, including information collected offline. Interest-based ads may consist of text ads, images, animations or videos and may be displayed to you based on various factors, including the context of the site or app in which they appear (e.g., sport or travel section), information you provided to the operator of the site or app (e.g., when you created an account), your activities on the site or app (e.g., pages viewed, searches performed or ads clicked), and information such as your demographic, interests and household information.

· On the Digital Services and on third-party sites, apps, or other media, we, our service providers and third parties may use automated means to (a) collect information for interest-based advertising purposes or (b) serve you interest-based ads. These automated means vary depending on the Digital Services and include technologies such as cookies, web beacons, tags, scripts, pixels, local shared objects (including HTML5 cookies) and SDKs. These technologies may use unique identifiers associated with your browser or device to support interest-based advertising.

· We may use and/or combine online and offline information we obtain about you, including your personal information, for interest-based advertising purposes. We may aggregate the information we obtain to create audiences that are most likely to respond to ads based on demographic, interests, or household information.

· Interest-based ads may be displayed to you by third parties, such as ad networks or exchanges.

· In serving interest-based ads, we adhere to the Self-Regulatory Principles for Online Behavioral Advertising developed by the Digital Advertising Alliance.

· Cross-device linking. If you access the Digital Services from multiple browsers or devices, we, our service providers and third parties may try to establish connections among and link the different browsers and devices you use to access the Digital Services and our content or ads published elsewhere. This helps us provide you with a seamless experience across the browsers and devices you use and serve you with more relevant content and ads (e.g., so that we don’t show you the same article twice). See section Website (Browser) Opt-Outs for steps you can take to limit browser and mobile app tracking for interest-based advertising purposes.

· Analyzing and measuring the performance, effectiveness and reach of our advertising (including interest-based ads) and marketing efforts on the Digital Services and elsewhere.

· To protect our rights or the rights of others. This includes:

· Detecting, preventing, and responding to fraud or potentially illegal activities, misuse of the Digital Services, intellectual property infringement or other violations of law, this Privacy Notice, our Terms of Use, or other Fit1Media policies.

· Performing audits, assessments and testing or troubleshooting activities.

· Backing up our systems (including for disaster recovery purposes) and enhancing the overall security of the Digital Services.

· Complying with and enforcing applicable industry and legal requirements (including legal process such as court orders, warrants or subpoenas) and fulfilling contractual obligations.

D. HOW WE SHARE INFORMATION

We may share the information we obtain with:

· Affiliates and Subsidiaries. We work closely with affiliates and subsidiaries within the Fit1Media family of companies with whom we share your information as necessary or appropriate to operate the Digital Services.

· Service Providers. In connection with the operation and provision of the Digital Services, we engage various third parties to provide services or handle transactions on our behalf, such as payment card processing, email distribution, list processing, postal mailing, cloud computing, analytics, digital content performance measurement, ad serving and managing sweepstakes, contests, promotions or events. These service providers use the information we provide to them as necessary or appropriate for the performance of their services.

· Advertisers, Advertising- and Marketing-Related Service Providers and Partners. We may provide your information to advertisers, advertising agencies, ad networks, ad exchanges, marketing businesses, technology vendors and other entities that create, deliver, and assess advertising or marketing campaigns, including interest-based ads.

· Content Measurement Companies. We and third parties seek to measure the performance of content across the internet, including on the Digital Services. We may include third-party measurement software in the Digital Services to enable market research or to measure digital and video content consumption.

· Social Media Platforms. If you interact with social media widgets, share content using social media share buttons, or access features of the Digital Services that contain content or features provided by Social Media Platforms, the relevant Social Media Platforms may collect information. We encourage you to review the privacy policies of the Social Media Platforms that you engage with as we are not responsible for their privacy practices.

· Business Partners. We may provide your information to business partners including, without limitation, joint marketing partners and content sponsors, for various purposes. For example, we may partner with a third party to offer products on a co-branded, co-sponsored or cross-promotional basis that involves the sharing of information. These initiatives may be offered on the Digital Services or on other media.

· Other Parties When Required by Law or As Necessary to Protect Our Rights. We may share your information as we believe is necessary or appropriate to protect, enforce, or defend our legal rights, the privacy or safety of our employees, users of the Digital Services or other individuals and entities, or to comply with or enforce applicable industry standards, law or legal process, including responding to court orders, warrants, subpoenas and other requests from public and government authorities.

· Corporate Transactions. We reserve the right to transfer any of the information we have about you to proceed with the consideration, negotiation, or completion of a sale or transfer of all or a portion of our business or assets to a third party, such as in the event of a merger, acquisition or other disposition, or in connection with a bankruptcy reorganization, dissolution, or liquidation.

· With Your Consent or Otherwise at Your Direction. In addition, we may share your information with third parties when you consent to or request such sharing.

E. YOURS CHOICES, INCLUDING MARKETING AND INTEREST-BASED ADS OPT-OUTS

Direct Marketing Opt-Outs

· Email marketing. You may opt out of receiving marketing or promotional emails from us by clicking on the “unsubscribe” link contained in such emails. Depending on the Digital Service you use, you also may be able to opt out of marketing or promotional emails by logging into your account and managing your email preferences. Please keep in mind that if you opt out of receiving marketing or promotional emails, we may still send you transactional emails or other communications relating to your use of the Digital Services (e.g., to confirm your subscription, to inform you of changes to a Digital Service or in response to your password recovery request).

· Text message marketing. If you choose to participate in a text message marketing campaign or promotion offered in connection with a Digital Service, you may opt out of receiving marketing texts from us by following the instructions contained in those messages (e.g., texting the word STOP) or provided to you when you elected to receive text message marketing.

· Direct mail. You may request that we stop sending you postal mail offers through the US post office by notifying us in writing at Office of Fit1Media LLC, Attn: Privacy, 551 Pylon Dr. – Suite D, Raleigh, North Carolina 27606. Please indicate in your correspondence the name of the Digital Service or publication to which your request applies.

· Marketing by Third Parties. We may provide your contact information to third parties for their own marketing purposes. To request that third parties do not use your postal mailing contact information for their own marketing purposes (if we have your postal address), you may notify us in writing at Office of Fit1Media LLC, Attn: Privacy, Privacy, 551 Pylon Dr. – Suite D, Raleigh, North Carolina 27606. Please indicate in your correspondence the name of the Digital Service or publication to which your request applies. In addition, you may be able to request that third parties do not use your email address (if we have it) for their own marketing purposes by logging into your account or the preferences center (if available) for the relevant Digital Service and adjusting your email preferences.

· Co-Branded, Co-Sponsored or Cross-Promotional Offerings. If you choose to participate in a co-branded, co-sponsored or cross-promotional offering, the brand, sponsor or other third party involved in that offering may use your information for its own purposes, including advertising and marketing purposes. You must contact the relevant third party directly to exercise your opt out choices with respect to such party’s use of your information.

Interest-Based Ads Opt-Outs

· Some of the ads you see on the Digital Services are interest-based ads described in section C. 3 For advertising and marketing purposes, including interest-based advertising. This means that these ads are customized based on the information we and others obtain about you. We describe below steps you can take to limit tracking of your activities and the delivery of interest-based ads in browsers and mobile apps you use to access the Digital Services. Please keep in mind that if you opt out of interest-based ads, you will still see ads, but these ads will not be based on your inferred interests. In addition, if you take the steps described below, some automated means may still be used to collect information about your interactions with the Digital Services for the other purposes described in this Privacy Notice (e.g., to remember user preferences or enable specific functionality).

· The technologies used to deliver ads on websites and mobile apps differ. Please also remember that opt-outs are browser and device-specific.

Website (Browser) Opt-Out

Disabling Cookies.

· Most browsers accept cookies by default. You may be able to change the settings to have your browser refuse certain cookies or notify you before accepting cookies.

· If you choose to disable the use of cookies in your web browser, some features of the Digital Services may become difficult to use or unavailable.

Opt-out Cookies.

· You can follow the instructions provided by the Digital Advertising Alliance (“DAA”) here and/or the Network Advertising Initiative (“NAI”) here to place an opt-out cookie on your browser. These opt-out cookies enable you to block participating companies from installing future cookies on your computer or browser.

· If you place opt-out cookies but subsequently clear or delete cookies on your computer or device browser, your opt-out cookies may be deleted, and you may have to renew your opt-out choices for that specific browser.

· The opt-out mechanisms offered by the DAA and NAI are provided by third parties. Fit1Media does not control or operate these mechanisms, or the choices provided through these mechanisms.

Mobile App Opt-Out

Device Settings.

· To limit interest-based advertising on your mobile device, you can review and adjust the settings provided by your device manufacturer, such as “Limit Ad Tracking” for iOS or “Opt-out of interest-based ads ” for Android.

AppChoices Application.

· You can download the “AppChoices” application provided by the DAA from your app store. AppChoices offers a mechanism to limit the collection of app data used for interest-based ads by participating companies. See the AppChoices provided by the DAA for more.

· Please keep in mind that as the mobile environment continues to evolve, additional opt-out mechanisms or privacy settings may become available to you. We encourage you to review the information on opt-outs and settings that device manufacturers, technology companies and industry associations make available to you.

Do Not Track

· Fit1Media does not currently take steps to respond to browsers “Do Not Track” signals as no uniform standard to respond to such signals has been developed at this time.

Additional Choices

User account.

· If you have created an account on a Digital Service, you may be able to review some of your information for that account by logging in and updating your information or user preferences.

Device Settings.

· For relevant Digital Services, you may be able to review and adjust your preferences by updating the settings on your device (e.g., permitting us to collect precise location information).

Push Notifications.

· If a Digital Service enables push notifications on your device, you may review and update your push notification preferences by adjusting the settings on your device. For example, you can select the relevant app from “Notifications” (for iOS devices) or “App notifications” (for Android devices) and turn off alerts accordingly.

F. HOW WE PROTECT YOUR INFORMATION

We use a variety of security technologies and procedures to help protect information from unauthorized access, use or disclosure. However, no method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, while we make reasonable efforts to protect your personal information, we cannot guarantee its absolute security.

G. NON-U.S. VISITORS

We operate the Digital Services from the United States. Any information we obtain about you in connection with your use of the Digital Services may be processed and stored in the United States or other countries.

H. CHILDREN’S PRIVACY RIGHTS

The Digital Services are not intended for use by children, especially those under the age of 13, and we do not knowingly collect personal information from children under the age of 13.

I. LINKS TO THIRD-PARTY WEBSITES, MOBILE APPS OR OTHER SERVICES

The Digital Services may contain links to websites, mobile apps or other services operated by companies not affiliated with Fit1Media. In addition, the Digital Services may be made available to you through third-party platforms (such as app stores or Social Media Platforms) or other channels. We are not responsible for the privacy practices of any non-Fit1Media LLC operated websites, mobile apps or other services and channels, and we encourage you to review the privacy policies or notices published by relevant third parties.

J. CAREERS/JOB OPPORTUNITIES

This Privacy Notice does not apply to web pages hosting our careers or job opportunities. Any information obtained through such pages is governed by the privacy notice published thereon.

K. DISPUTE RESOLUTION/TERMS OF USE

Any dispute concerning the Digital Services (including our use of your personal information) will be resolved per the dispute resolution provision in the Terms of Use, which govern your use of the Digital Services. Please take a few minutes to read the Terms of Use before using the Digital Services.

L. CHANGES TO THIS PRIVACY NOTICE

We may update this Privacy Notice from time to time to reflect changes in our privacy practices or applicable laws. In accordance with applicable law, we may make such changes without prior notice. We will publish the updated version on the relevant Digital Services and indicate at the top of the Privacy Notice when it was most recently updated. Your use of the Digital Services will be governed by the then-current version of the Privacy Notice.

M. CONTACT US

If you have any questions about this Privacy Notice, please contact us by email at info@fit1media.com. For questions related to your California Consumer Privacy Act of 2018 (CCPA) rights, please contact us by email at info@fit1media.com. Please note that we do not accept CCPA rights requests through that mailbox and we ask you to submit your CCPA rights requests using the methods listed in section N. Additional Information for California Residents.

N. ADDITIONAL INFORMATION FOR CALIFORNIA RESIDENTS

Under California law, specific disclosures are required, and California residents have additional rights regarding their personal information. Please review this section to learn more.

Privacy Notice/Notice at Collection

Last Updated: January 2021

When you use or interact with a U.S. website, mobile app, or other digital service (each a “Digital Service”) operated or owned by Fit1Media, LLC. or its affiliates, we and third parties may obtain certain information about you. In this Highlights section, we provide an overview of our privacy practices related to the Digital Services. Please review our full Privacy Notice below for a detailed explanation of our practices.

What Information We Obtain:

· Information you provide when you use the Digital Services, including when you sign up for newsletters, order subscriptions, create an account or register for a membership through the Digital Services. This may include your contact, payment, or demographic information.

· Information you submit when you choose to participate in a survey, sweepstakes, contest, promotion, event, or similar initiative.

· Information you give us about others, such as a friend’s contact information when you order a gift subscription.

· Information collected by automated means such as cookies or pixels. This may include information about your device and browser, including IP address or mobile device advertising identifiers, as well as information about how you and others use, interact with, or respond to the Digital Services. This collection may take place while you are using a Digital Service or while the Digital Service is running in the background of your device.

· Precise location information associated with your device when location services are active.

· Information we obtain from other sources, such as business partners, data suppliers and social media platforms.

How We Use Information We Obtain:

· To process your requests and provide you with the Digital Services, including to deliver customized content or recommendations. Note that we use your payment card information (such as your card number and expiration date) for limited purposes such as to process your transaction (including recurring payments, if applicable), to provide you with the requested products or services and to protect our rights or the rights of others.

· To learn about users of the Digital Services and analyze how you and others interact with and respond to the Digital Services.

· To communicate with you, including to send you marketing and promotional communications.

· For advertising and marketing purposes, including to deliver interest-based ads, for cross-device linking and to analyze the performance of advertising and marketing activities.

· To protect our rights and the rights of others.

How We Share Information:

· Within the Fit1Media family of companies.

· With service providers that perform services or handle transactions on our behalf.

· With advertisers, advertising- and marketing-related services providers and partners as well as companies that help us learn how you and others interact with our content.

· With social media platforms and similar services, including when you interact with our Digital Services that integrate tools and services provided by social media platforms.

· With business partners, such as when we partner with a third party to offer products or services on a co-branded basis.

· Other parties when required by law or as necessary to protect our rights, and in the context of corporate transactions.

· With your consent or otherwise at your direction.

Your Choices, Including Marketing, and Interest-Based Ads Opt-Outs:

· You may take steps to limit the use of your information for interest-based advertising on your browser or mobile device. See section Interest-Based Ads Opt-Outs for more information.

· You may unsubscribe from our marketing or promotional emails by clicking the “Unsubscribe” link in our emails, or for certain Digital Services, by logging into your account and adjusting your preferences.

Additional Information:

· We use a variety of security technologies and procedures to help protect information from unauthorized access, use or disclosure.

· The Digital Services are operated from the United States. Information may be processed and stored in the United States or other countries.

· The Digital Services are not intended for use by children under the age of 13.

· This Privacy Notice is part of the Terms of Use, which govern your use of the Digital Services and any disputes related to your use of the Digital Services (including our use of your information) will be resolved per the dispute resolution provision in the Terms of Use.

· Additional disclosures and rights apply to California residents and European visitors. These are included at the end of this Privacy Notice.

Contact Us:

If you have questions about our Privacy Notice you can contact us by email at info@fit1media.com. If you have any questions about your California Consumer Privacy Act of 2018 (CCPA) rights, please contact us at info@fit1media.com.

Your California Consumer Privacy Act of 2018 (CCPA) Rights

Categories of Personal Information We Collect

The California Consumer Privacy Act of 2018, as amended from time to time (“CCPA”) requires specific disclosures for each category of personal information that we collect. The table below summarizes our general data handling practices which are more fully described in Sections B, C and D of this Privacy Notice.

Identifiers which include elements such as:

(i) contact information (e.g., name, mailing address, email address, phone number).

(ii) online identifiers (e.g., Internet protocol (IP) address, account numbers, device identifiers such as mobile advertising IDs)

· Directly from you

· From your friends or contacts (for example, if they forward you one of our articles)

· From cookies and similar technologies

· From third-party sites or apps, content distribution channels and platforms

· From third-party data suppliers and business partners

· From social media platforms and similar services

· To provide you with and to improve the Digital Services

· To communicate with you

For advertising and marketing purposes for us or third parties, including interest-based advertising

· To protect our or others’ rights

· With affiliates and subsidiaries

· With service providers

· With advertising and marketing service providers and partners

· With content measurement companies

· With social media platforms

· With business partners

· With government authorities as required by law or as necessary to protect our rights

Demographics which include elements such as age and gender

· Directly from you

· From cookies and similar technologies

· From third-party sites or apps, content distribution channels and platforms

· From third-party data suppliers and business partners

· From social media platforms and similar services

· To provide you with and to improve the Digital Services

For advertising and marketing purposes for us or third parties, including interest-based advertising

· With affiliates and subsidiaries

· With service providers

· With advertising and marketing service providers and partners

· With content measurement companies

· With social media platforms

· With business partners

· With government authorities as required by law or as necessary to protect our rights

Personal Information under subdivision (e) of Section 1798.80 of the California Civil Code which includes payment information (e.g., payment card number, expiration date and billing information)

· Directly from you

· To provide you with and to improve the Digital Services

· To protect our or others’ rights

· With affiliates and subsidiaries

· With service providers

· With government authorities as required by law or as necessary to protect our rights

Commercial Information which include elements such as: transactional information

(e.g., activity, subscriptions, requests, purchases, items in your cart but not completed purchases)

· Directly from you

· From cookies and similar technologies

· To provide you with and to improve the Digital Services

· To communicate with you

· For advertising and marketing purposes for us or third parties, including interest-based advertising

· To protect our or others’ rights

· With affiliates and subsidiaries

· With service providers

· With advertising and marketing service providers and partners

· With social media platforms

· With business partners

· With government authorities as required by law or as necessary to protect our rights

Internet or other electronic network activity which include elements such as information about how you use, access, or interact with the Digital Services such as comments, photos, videos and other content you choose to publish on the Digital Services, information about your device, browser or operating system);

· From cookies and similar technologies

· From third-party sites and apps, content distribution channels and platforms

· From third-party data suppliers and business partners

· From social media platforms and similar services

· To provide you with and to improve the Digital Services

· To communicate with you

· For advertising and marketing purposes for us or third parties, including interest-based advertising

· To protect our or others’ rights

· With affiliates and subsidiaries

· With service providers

· With advertising and marketing service providers and partners

· With content measurement companies

· With social media platforms

· With business partners

· With government authorities as required by law or as necessary to protect our rights

Geolocation Data which include elements such as location information

(e.g., city and state, or precise location information if location services are active on your device)

· Directly from you

· From cookies and similar technologies

· To provide you with and to improve the Digital Services

· To communicate with you

· For advertising and marketing purposes for us or third parties, including interest-based advertising

· To protect our or others’ rights

· With affiliates and subsidiaries

· With service providers

· With advertising and marketing service providers and partners

· With content measurement companies

· With social media platforms

· With business partners

· With government authorities as required by law or as necessary to protect our rights

Audio, Electronic, Visual, Thermal, Olfactory or Similar Information which include elements such as recordings of your calls with our call center

· Directly from you

· To provide you with and to improve the Digital Services

· To communicate with you

· To protect our or others’ rights

· With affiliates and subsidiaries

· With service providers

Professional or Employment-Related Information which include elements such as your professional email address, phone number or other contact information if you have used such professional or employment related personal information to order a subscription, register for an account or to receive communications:

· Directly from you

· To provide you with and to improve the Digital Services

· To communicate with you

· For advertising and marketing purposes for us or third parties, including interest-based advertising

· To protect our or others’ rights

· With affiliates and subsidiaries

· With service providers

· With advertising and marketing service providers and partners

· With content measurement companies

· With social media platforms

· With business partners

· With government authorities as required by law or as necessary to protect our rights

Inferences which include elements such as inferences regarding your preferences or other characteristics (e.g., cooking enthusiast, travel, food, and dining)

· Directly from you

· From cookies and similar technologies

· From third-party sites and apps, content distribution channels and platforms

· From third-party data suppliers and business partners

· From social media platforms and similar services

· To provide you with and to improve the Digital Services

· To communicate with you

· For advertising and marketing purposes for us or third parties, including interest-based advertising

· To protect our or others’ rights

· With affiliates and subsidiaries

· With service providers

· With advertising and marketing service providers and partners

· With content measurement companies

· With social media platforms

· With business partners

· With government authorities as required by law or as necessary to protect our rights

Your California Consumer Privacy Act of 2018 (CCPA) Privacy Rights

Residents of California may have the following rights:

· Right to know and access your personal information. Under CCPA, you have the right to:

· Know the categories of personal information we collect and the categories of sources from which we got the information.

· Know the business or commercial purposes for which we collect and share personal information.

· Know the categories of third parties and other entities with whom we share personal information; and

· Access the specific pieces of personal information we have collected about you.

· To do so, please complete the form available at https://fit1media.com/ccpa-contact-form and include your name, email address, California postal address as well as your subscription account number, if you have an active subscription. You may also exercise your right by calling 919-925-2200.

· Right to deletion. In some circumstances, you may ask us to delete your personal information. To do so, please complete the form available at https://fit1media.com/ccpa-contact-form and include your name, email address, California postal address as well as your subscription account number, if you have an active subscription. You may also exercise your right by calling 919-925-2200.

· Right to opt out of sales. We may share your personal information with third parties in ways that may constitute a “sale” under CCPA. You may request that we not “sell” your personal information on a going forward basis. To do so, please complete the Do Not Sell My Personal Information form available at https://fit1media.com/ccpa-contact-form and include your name, email address, California postal address as well as your subscription account number, if you have an active subscription, and credit card information, if selecting the U.S. Ads Free option. You may also exercise your right by calling 919-925-2200. If you re-engage with us after opting out of the “sale” of your personal information, such as by ordering a new subscription, buying a product, signing up for a newsletter and/or entering a sweepstakes or contest you acknowledge that your personal information may be used and shared in accordance with this Privacy Notice, including in ways that may constitute a “sale” under CCPA.

· Right to be free from discrimination. You may exercise any of the above rights without fear of being discriminated against. We are permitted to provide a different price or rate to you if the difference is directly related to the value provided to you by your data.

We use the information you provide to make your CCPA rights requests to verify your identity, locate the personal information we may hold about you and act upon your request. We strongly recommend that you submit the email and postal address that you used when you created accounts, ordered subscriptions, or signed up for a newsletter. After you submit a CCPA rights request, you will be required to verify access to the email address you submitted. You will receive an email with a follow-up link to complete your email verification process. You are required to verify your email in order for us to proceed with your CCPA rights requests. Please check your spam or junk folder in case you can’t see the verification email in your inbox. If you are a California resident and have any questions regarding your CCPA rights under this Privacy Notice, please contact us at 919-925-2200.

Authorized Agents

For any of the CCPA rights, you may designate an authorized agent to make a request on your behalf. In the request, you or your authorized agent must provide information sufficient for us to verify the identity of your agent and that your agent has been properly authorized to act on your behalf; this may take additional time to fulfill your request. If you are an authorized agent working on behalf of a consumer, you will need to fill out the relevant CCPA request form listed above on behalf of the consumer with the consumer’s information. Please note that the consumer you are working on behalf of must have a California postal address and will need to verify access to the email account used to submit the CCPA request in order for us to move forward with processing the request.

Minors

We do not knowingly collect or disclose personal information of minors under the age of 16, without affirmative authorization.

Minors’ Right to Request Deletion of User-Posted Comments

If you are a California resident and registered user and posted comments, content or other information on that site or app when you were under 18 years old, you may request deletion of those comments, content or other information by contacting us at info@fit1media.com and indicate in the subject line “California take-down request.” You must provide us with the live URL where the content resides, a copy of the content you would like deleted (cut and pasted into your email), the date of publication, and – if applicable – the username associated with it. We will remove the posting (except as permitted or required by law). Note that our deletion does not ensure complete or comprehensive removal of your content from the internet and comments that may have been posted by others about you or your posting will remain accessible online.

Your Shine the Light California Rights (CA Civil Code § 1798.83)

You may also have the right to request a list of third parties to which certain personal information (as defined by California Civil Code § 1798.83) obtained through a Digital Service was disclosed by Fit1Media during the preceding year for those third parties’ direct marketing purposes. If you are a California resident and want such a list, please contact us at Office of Fit1Media LLC, Attn: Privacy, 551 Pylon Dr. – Suite D, Raleigh, North Carolina 27606. For such a request, you must put the statement “Your California Privacy Rights” in the body of your request, as well as your name, street address, city, state, and zip code. In your request, you need to attest to the fact that you are a California resident and provide a current California address for our response. Please also indicate in your request the name of the Digital Service to which your request applies. Please note that we will not accept requests via the telephone, email, or by facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.

O. ADDITIONAL INFORMATION FOR EUROPEAN VISITORS

In order to address our legal obligations in Europe (including the UK), Fit1Media LLC provides the following additional information for Europe-based visitors to Fit1Media LLC U.S. Digital Services.

Who is Responsible for Your Information?

If you use or interact with a Fit1Media LLC – Digital Service, then the data controller will be Fit1Media LLC. The contact details for this entity are provided in the “Contact Us” section above.

Legal Bases for Using Your Information

We process personal information for different purposes (as described in the “How We Use Information We Obtain” section, above) on the following legal bases:

To perform our contractual obligations to you. We and our service providers process your information to perform our contractual obligations to you when we use your information to provide you with the Digital Services and related content, products, or services and to communicate with you. For example, when you purchase a subscription from us, we process your payment and contact information as necessary to confirm the subscription and we process your contact information and other details to provide you with support services you request. We also send you informational communications on this basis, including to confirm a subscription or to notify you of a change to a Digital Service. Failure to provide requested information could prevent or delay the fulfilment of our contractual obligations.

To pursue our legitimate interests. We process your information to meet our legitimate interests when we use your information to provide you with the Digital Services and related content, products, or services, to communicate with you and for our advertising and marketing purposes. For example, our legitimate interests include making improvements to, customizing and understanding how you interact with the Digital Services and related content, products or services, and sending you communications about products and services we think may be of interest to you. To accomplish our legitimate interests, we may share your information with our affiliates and subsidiaries, service providers and business partners (including for our advertising and marketing purposes) and in the context of a corporate transaction. We maintain safeguards to protect the information we process to pursue our legitimate interests.

To comply with our legal obligations. We process and share your information as necessary to comply with our legal obligations when we use your information to protect our rights or the rights of others and when we share your information with other parties where required by law or as necessary to protect our rights. For example, we are required to collect certain information from you when processing your subscription payment for tax or financial reporting reasons.

With your consent. We obtain your consent to process your information when we are required to do so by law. If consent is the legal basis on which we process your personal information, you can withdraw your consent at any time by contacting us using the information provided in the “Contact Us” section above.

Your Rights Over Your Information

In certain circumstances, you have a right to access or object to the use of personal information held about you (including in relation to direct marketing). You can also ask us to rectify, update, erase, restrict or to share your information in a usable format with another company. Such requests are subject to applicable law.

We encourage you to contact us to update or correct your information if it changes or if the personal information we hold about you is inaccurate.

If you would like to discuss or exercise such rights, please contact us at info@fit1media.com. We will contact you if we need additional information from you in order to honor your requests.

Storing Your Information

We will keep your personal information for as long as we have a relationship with you. Once our relationship with you has come to an end, we will retain your personal information for a period of time that enables us to:

· Maintain business records for analysis, understanding market trends and/or audit purposes and to improve the Digital Services.

· Comply with record retention requirements under applicable laws or other relevant legal or regulatory requirements.

· Defend, establish, exercise, or bring any existing or potential legal claims.

· Carry out fraud detection and prevention.

· Deal with any complaints regarding the Digital Services, our products, and services.

We will delete your personal information when it is no longer required for these purposes. If there is any information that we are unable, for technical reasons, to delete from our systems, we will put in place appropriate measures to prevent any further processing or use of the data.

International Data Transfers

Information collected through the Digital Services will be processed in and subject to the laws of the United States, which may not provide the same level of protection for your personal information as your home country. If we transfer personal data from the European Economic Area, United Kingdom and Switzerland we put in place safeguards. Such safeguards include the European Commission-approved standard contractual clauses. For more information on these safeguards, please contact us at the details provided in the “Contact Us” section above. We participate in the EU-US and Swiss-US Privacy Shield frameworks. Read our Privacy Shield Statement to learn more.

Changes to the Privacy Notice

Where changes to this Privacy Notice have a fundamental impact on the nature of the processing or otherwise have a substantial impact on you, we will give you advanced notice so that you have the opportunity to exercise your rights (e.g. to object to the processing).

Privacy Officer and Complaints

Our Privacy Officer can be contacted at info@fit1media.com.

We are committed to working with you to obtain a fair resolution in the event you have a complaint or concern about privacy. If, however, you believe that we have not been able to assist with your complaint or concern, you have the right to make a complaint to a data protection authority.

PRIVACY

Terms of Use

Last revised: January 2021

Terms of Use

BY ACCESSING OR USING THE DIGITAL SERVICES, YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE DIGITAL SERVICES. SPECIFICALLY, PLEASE TAKE NOTICE THAT WITH LIMITED EXCEPTIONS, ALL DISPUTES BETWEEN YOU AND US REGARDING THIS AGREEMENT ARE SUBJECT TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN JURY TRIALS, INCLUDING CLASS ACTION LAWSUITS, IN COURTS AND ONLY SPECIFIC REMEDIES ARE AVAILABLE TO YOU. Read more in section 23. Dispute Resolution (Arbitration Clause and Class Action Waiver).

In the Highlights section, we provide an overview of the terms and conditions that apply to your access to or use of our U.S. website, mobile application, digital membership product, other digital service, or a print or online magazine subscription (each a “Digital Service”). Please review the full Terms of Use below for a detailed explanation of applicable terms and conditions. Any reference to the Terms of Use, including its sections, in the Highlights section is intended to refer to the full Terms of Use below.

Highlights

Application and Acceptance of the Terms of Use

· Each time you access or use the Digital Services, you agree to be bound by the Terms of Use along with our Privacy Notice and any additional guidelines, terms, procedures or rules that may apply to a specific feature of the Digital Services that are owned or operated by Fit1Media LLC. or its affiliates (“we”, “us”, “our” or “Fit1Media”).

· You acknowledge that we will use information we obtain about you in connection with your access to and use of the Digital Services in accordance with our Privacy Notice.

· If you purchase a digital membership and/or subscription products (referred below as a Digital Membership Product), additional terms apply, including regarding the auto-renewal of your membership or subscription.

· If you purchase a print subscription, additional terms regarding the auto-renewal and continuous service of your subscription (“Continuous Service Program”) apply.

Your Responsibilities

· You are responsible for maintaining the accuracy of any information you submit to us in relation to your access to and use of the Digital Services.

· You are solely responsible for any user content you provide to us.

· You are responsible for your conduct in relation to the Digital Services, and your access to or use of the Digital Services and Content (as such term is defined in the full Terms of Use) is subject to the rules described in the section entitled “Your Conduct and Responsible Use of the Digital Services” of the Terms of Use.

Intellectual and Other Proprietary Rights

Your access and use of the Digital Services and Content is for personal and noncommercial purposes only.

As between Fit1Media LLC and you, Fit1Media LLC owns all right, title and interest in and to the copyrights, trademarks, service marks, trade names, patents and all other intellectual and proprietary rights throughout the world associated with the Digital Services and Content except, if applicable, with respect to your User Content.

You may NOT build a business, in whole or in part, resell, redistribute, recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of the Digital Services (including any code used in any software) or Content, whether or not for profit.

Release, Indemnity, Disclaimers and Limitation of Liability

Fit1Media LLC disclaims any warranties and provides the Digital Services “as is”. Our liability is limited as described in the Limitation of Liability section in the Terms of Use.

Third Parties

Fit1Media LLC is not responsible for any links to third-party websites, apps, or other services, including social media platforms.

We participate in affiliate marketing and may allow third-party affiliate links to be encoded on some of our Digital Services. This means that we may earn a commission when you click on or make purchases via third-party affiliate links.

Termination

Fit1Media LLC may, in its sole discretion, terminate your password, account (or any part thereof), access to or use of the Digital Services, or remove and discard any User Content (as such term is defined in the Terms of Use below) or information stored, sent, or received via the Digital Services without prior notice and for any reason or no reason.

Changes to the Terms of Use

We may revise the Terms of Use prospectively by posting an updated version on the Digital Services.

Your continued use of the Digital Services will be deemed as irrevocable acceptance of any revisions.

Governing Law and Severability

The Terms of Use shall be governed by and construed solely and exclusively in accordance with the laws of the State of North Carolina, USA without giving effect to any law that would result in the application of the law of another jurisdiction.

The Terms of Use (including the Privacy Notice) constitutes the entire agreement between you and us regarding the use of the Digital Services.

If any provision of the Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms of Use will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

Copyright Policy

If you believe your copyright has been infringed, you may provide us with notice in accordance with the process described in the corresponding section of the Terms of Use below.

Terms of Use

Last revised: January 2021

1. Application and Acceptance of this Agreement

These Terms of Use along with our Privacy Notice and any additional guidelines, terms, procedures or rules that may apply to a specific feature of the Digital Services that are owned or operated by Fit1Media LLC or its affiliates (“we”, “us”, “our”, “Fit.Digital” or “Fit1Media”), are a contract in electronic form between you (“you,” “your,” and “yourself”) and Fit1Media (the “Agreement”). This Agreement sets forth the legally binding terms governing your access and use of the Digital Services. This Agreement applies to Fit1Media LLC and its affiliates only and does not cover other companies, including third parties that may advertise or sponsor content, products or services on the Digital Services or any third-party platforms (such as social media platforms or app stores) or other channels that you may use to access the Digital Services or any Content (as defined below).

The Digital Services and Content are for general information, discussion, and entertainment purposes only. The term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts, articles, comments, software, scripts, graphics and interactive features generated, provided, or otherwise made available through or in connection with the Digital Services. We make no representations or guarantees about any aspect of the Digital Services and Content and do not endorse any opinions expressed by any users. THE DIGITAL SERVICES AND ALL CONTENT ARE PUBLISHED “AS IS” AND YOUR USE OR RELIANCE ON THE DIGITAL SERVICES OR ANY CONTENT IS AT YOUR OWN RISK. WE HAVE NO LIABILITY TO YOU FOR THE CONSEQUENCES OF USING OR RELYING ON THE DIGITAL SERVICES OR ANY CONTENT.

2. Privacy Notice

In connection with your access to or use of the Digital Services, we may obtain information from or about you. We will use your information in accordance with our Privacy Notice, which describes our privacy practices as well as choices you may have with respect to the collection and processing of some of your information. Please take a moment to review our Privacy Notice. The Privacy Notice is incorporated into this Agreement and forms part of the Agreement.

3. Accuracy of Your Information & Communication Methods

The information you submit to us through the Digital Services, including as part of your account creation, registration, or membership, must be truthful, accurate and current. You are responsible for maintaining the accuracy of such information. If we believe that your information is not truthful, accurate or current, we have the right to terminate, suspend or refuse you access to the Digital Services.

We may send you information relating to your use of the Digital Services (e.g., payment authorizations, invoices, changes in password or payment method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration, if applicable. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

4. Age Eligibility and Legal Capacity

The Digital Services are not intended for access or use by children, especially those under the age of 13. If you are under the age of 13, you may not access or use the Digital Services or provide information to us.

By accessing or using the Digital Services, you represent that you have legal capacity to enter into this Agreement and to fulfill your obligations set out in this Agreement. If you are not of an age old enough to enter into contracts in your state (i.e., a minor), you need to review this Agreement with your parent or guardian before using the Digital Services; if your parent or guardian do not agree with the Agreement as applied to you, then you are not authorized to access or use the Digital Services.

5. Username, Password and Other Credentials

You are responsible for maintaining the confidentiality of your username, password, and other credentials (your “Credentials”) that you may be asked to create to access the Digital Services or certain features or portions thereof. We are not responsible for any misuse of your Credentials by any third party, whether authorized by you or not. You agree to immediately notify Fit1Media LLC of any actual or suspected unauthorized use of your Credentials or any other breach of security. We are not responsible or liable for any loss or damage resulting from unauthorized use of your Credentials or for your failure to follow the requirements set out in this Agreement.

6. Intellectual and Other Proprietary Rights

Your access and use of the Digital Services and Content is for personal and noncommercial purposes only. The rights granted to you in this Agreement are subject to the following restrictions:

The Digital Services include Content that is derived in whole or in part from content or materials supplied and owned by Fit1Media LLC, Fit1Media’s licensors or third parties. As between Fit1Media LLC and you, Fit1Media LLC owns all right, title and interest in and to the copyrights, trademarks, service marks, trade names, patents and all other intellectual and proprietary rights throughout the world associated with the Digital Services and Content except, if applicable, with respect to your User Content (as defined below).

You acknowledge Fit1Media’s valid intellectual and proprietary property rights in the Digital Services and Content and that your use of the Digital Services is limited to accessing, viewing, and downloading of the Digital Services and Content, as authorized by Fit1Media LLC. Nothing in this Agreement shall be deemed to convey to you any right, title, or interest into such intellectual and proprietary property rights or to the Digital Services or Content, or to any portion thereof, except for the limited rights expressly granted herein.

You may not either directly or through the use of any computer, tablet, phone, or other device (each a “Device”) or other means (including the use of a browser, software, program, or code), remove, alter, interfere with or circumvent

(i) any copyright, trademark, or other proprietary notices marked on the Digital Services or Content, or (ii) any digital rights management mechanism, device, or other content protection or access control

measure associated with the Digital Services or Content.

You may NOT modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Digital Services (including any code used in any software) or Content.

You may NOT either directly or through the use of a Device or other means copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Digital Services or Content unless expressly permitted by Fit1Media LLC in writing. You may not incorporate the Digital Services or Content into, or stream or retransmit the Digital Services or Content via, any hardware or software application or make the Digital Services or any Content available via frames or in-line links, and you may not otherwise surround or obfuscate the Digital Services or Content with any third-party content, materials or branding. You may also not use any software robots, spider, crawlers, or other data gathering or extraction tools, whether automated or manual, to access, acquire, copy, monitor, scrape or aggregate the Digital Services, Content, or any portion thereof. You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on the Digital Services or its servers and infrastructures.

To the extent we make the Digital Services or Content available to you via a widget, embedded player or other technology that allows you to embed or stream Content on or to another online service, you may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of such technology, any digital rights management mechanism, device, or other content protection or access control measure associated with Content.

You are prohibited from disabling, modifying, interfering with, or otherwise circumventing any technology to view the Digital Services or Content without:

(i) displaying visibly both Content and all surrounding elements

(ii) having full access to all functionality permitting viewing of Content, including, without limitation, all video quality and display functionality, and interactive or click-through functionality.

Any future release, update, or other addition to functionality of the Digital Services or Content shall be subject to this Agreement. All copyright and other proprietary notices on any Digital Services content or materials must be retained on all copies thereof. Modification or use of the Digital Services (including any content or materials published thereon) for any purpose not permitted by this Agreement is prohibited and may be a violation of the copyrights and/or trademarks protected by law and this Agreement.

If you provide Fit1Media LLC any feedback or suggestions for improving or regarding your use of the Digital Services (“Feedback”), you hereby assign to Fit1Media LLC all rights in the Feedback and agree that Fit1Media LLC shall have the right to use such Feedback and related information in any manner it deems appropriate. Fit1Media LLC will treat any Feedback you provide to Fit1Media LLC as non-confidential and non-proprietary. You agree that you will not submit to Fit1Media LLC any information or ideas that you consider to be confidential or proprietary.

7. User Content

“User Content” means any and all information and content that a user submits to, or uses with, the Digital Services (e.g., photos, audio, video, messages, text, files, or other content you provide us), except any Feedback. You are solely responsible for your User Content. User Content may include unsolicited or invited submissions. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You may not state or imply that your User Content is in any way provided, sponsored, or endorsed by Fit1Media LLC. Because you alone are responsible for your User Content (including backing up your data), you may expose yourself to liability. Under no circumstance will Fit1Media LLC be liable for any inaccuracy or defect in any User Content.

You hereby grant, and you represent and warrant that you have the right to grant, to Fit1Media LLC an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, for any lawful purpose. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other users of the Digital Services are solely between you and such users. You agree that Fit1Media LLC will NOT be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user of the Digital Services, we are under no obligation to become involved. You acknowledge that other users may post comments about your User Content which may be derogatory, and Fit1Media LLC has no obligation to monitor or delete any such User Content. Fit1Media LLC may remove or modify any User Content without notice or liability at any time in Fit1Media LLC’s sole discretion.

8. User Submissions

Unsolicited Submissions

You agree that we may use information/User Content you provide us through emails, Q&A, blogs, forums, polls, or through any other user generated submission, and may use your name and any stories you provide us in articles or other features published on the Digital Services or in our publications, advertising or sponsored content. If you provide us with personal anecdotes, they may be attributed to you. Fit1Media LLC can edit, rewrite, use, and reuse the User Content, including your name, likeness, photograph, and biographical information you provide, with or without attribution, including publication in the Digital Services or our publications, advertising, or sponsored content.

Invited Submissions

From time to time, the Digital Services may expressly request submissions of concepts, stories, or other potential content from you (“Invited Submissions”). Please carefully read any specific rules or other terms and conditions that appear in connection with such Invited Submissions as such terms and conditions will govern the submissions and may affect your legal rights. If no such additional terms govern those submissions, then this Agreement will apply in full to any Invited Submissions you make. IN ANY EVENT, ANY MATERIAL YOU SEND TO US WILL NOT BE TREATED AS CONFIDENTIAL. Regardless of any industry custom or practice, we will NOT pay you for the use of any content that you submit to through the Digital Services.

9. Enforcement

If we become aware of a user’s violation of this Agreement, including the rights of any third party, we may take certain remedial steps, including refusing access to the Digital Services to any person or entity and change eligibility requirements at any time.

If we become aware that any of our users has repeatedly infringed the proprietary rights of any third party, we may take steps to terminate that user’s access to the Digital Services. We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you at our sole discretion. Such acts may include removing or modifying your User Content, terminating your access to the Digital Services (including any user account, registration, or membership), legal action and/or reporting you to law enforcement authorities. If Fit1Media LLC elects to modify User Content, Fit1Media LLC nonetheless assumes no responsibility for the User Content.

Fit1Media LLC reserves the right to investigate suspected violations of this Agreement, including without limitation, any violation arising from any User Content (including unsolicited or invited submissions), postings or emails you make on or send through the Digital Services. Fit1Media LLC may seek to gather information from the user who is suspected of violating this Agreement and from any other user. Fit1Media LLC may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Fit1Media LLC believes, in its sole discretion, that a violation of this Agreement has occurred, it may edit or modify any submission, posting or emails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts, or take other corrective action it deems appropriate. Fit1Media LLC may cooperate with law enforcement authorities or court order requesting or directing Fit1Media LLC to disclose the identity of anyone posting any emails, or publishing or otherwise making available any materials that are believed to violate this Agreement.

BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS FIT1MEDIA LLC (and its affiliates and its and their officers, directors, employees, contractors, and agents) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY FIT1MEDIA LLC (AND ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS) DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER FIT1MEDIA LLC OR LAW ENFORCEMENT AUTHORITIES.

10. Your Conduct and Responsible Use of the Digital Services

Please act responsibly when using the Digital Services. The following rules are a condition of your access to or use of the Digital Services and Content:

· No Criminal or Unlawful Conduct.

You may only use the Digital Services and Content (including any information contained therein) for lawful purposes, in accordance with this Agreement, applicable laws and regulations, and obligations or restrictions imposed by any third party. You may not encourage conduct that would constitute a criminal offense or give rise to civil liability.

· Your Materials Must be Lawful and Appropriate.

You may not store, upload, post, transmit or otherwise distribute or facilitate the distribution of any unlawful, harmful, threatening, abusive, harassing, libelous, defamatory, obscene, pornographic, profane, indecent, invasive of another person’s privacy or otherwise inappropriate User Content or other material or information of any kind, including, without limitation, any images or other material of a sexual nature, harmful to minors in any way, or that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability. You recognize that storing, distributing, or transmitting unlawful User Content, material or information could expose you to criminal and/or civil liability.

· Content Posted by You Must be Yours.

You may not store, upload, post, transmit or otherwise distribute or facilitate the distribution of User Content, material or information that is fraudulent or infringes the rights of any third party, including without limitation, patent, trademark, copyright, right of publicity or other proprietary rights. You agree that if a third-party claims that User Content, material, or information you have posted on or contributed to the Digital Services is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all User Content, material or information publicly posted or privately transmitted on or through the Digital Services are the sole responsibility of the sender, not Fit1Media LLC, and that you are responsible for all User Content, material or information you upload, publicly post or otherwise transmit to or through the Digital Services. If we become aware that any of our users has infringed the proprietary rights of any third party, we may take steps to terminate that user’s access to our Digital Services. If any third party provides you compensation or other value for your User Content, you are responsible for making any appropriate or required disclosures regarding such compensation or other value.

· No Collection of Personal Information from Others.

You may not, through manual or automated means, collect, harvest, gather, assemble, or store personal information about other users of the Digital Services (including their email addresses or other contact information) without their explicit consent. You may not use any such information to transmit or facilitate transmission of unauthorized or unsolicited advertising, junk or bulk email, chain letters, or any other form of unauthorized solicitation. You agree not to send, create, or reply to so called mailbombs (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in spamming (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of the Digital Services by any other user or third party, including placing malware on the Digital Services.

· No Bullying, Impersonation, or Interference.

You may not use the Digital Services to threaten, abuse, harass, or invade the privacy of any other user or third party. You may not impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with Fit1Media LLC or with any other person or entity. You may not restrict, inhibit, or interfere with any other user or third party from using or enjoying the Digital Services.

· No System Abuse.

You may not upload, post or otherwise distribute or facilitate the distribution of a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of the Digital Services, any other online services, or to obtain unauthorized access to the Digital Services or Content or any data or other information of any third party. You may not interfere with, disrupt, or create an undue burden on servers or networks connected to the Digital Services.

· No Violations of Security Systems.

You are prohibited from using the Digital Services to compromise the security or tamper with, or gain unauthorized access to, the Digital Services, Content, online accounts or any other computer systems, resources, or networks. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, malware, or network probing tools) is strictly prohibited. If you become involved in any violation of systems security, Fit1Media LLC reserves the right to release your details to relevant third parties, law enforcement and/or governmental authorities in order to assist them in resolving security incidents.

We may require, at any time, proof that you are following these rules. We reserve the right to take, or refrain from taking, any and all steps available to us, including suspending or terminating your access to the Digital Services or seeking other legal or equitable remedies, once we become aware of any violation of this Agreement.

11. Availability of and Modification to the Digital Services and Content

We do not guarantee that the Digital Services or any Content will be made available through the Digital Services. We may change, modify, edit, suspend, discontinue, or otherwise manipulate the Digital Services, Content or any part, feature, or service of the Digital Services at any time with or without notice to you. You agree that Fit1Media LLC will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Digital Services, Content, or any part thereof.

12. Purchases

a) We may make certain products, features, and services available for purchase or download (“Purchases”) on or through the Digital Services. You agree to pay any applicable fees for any Purchases you make, including, without limitation, any applicable sales, uses or similar taxes or charges. Certain products, fee-based services, or features that you purchase, access, or download via the Digital Services may be subject to additional terms and conditions presented to you at the time of purchase, access, or download.

b) Digital Membership Products

This section governs the sale of digital membership and/or subscription products (“Digital Membership Products”). The Digital Membership Products include all or portions of a Digital Service that offers such Digital Membership Products. You are not required to purchase anything for certain limited uses of the Digital Services. However, if you do not purchase a Digital Membership Product, your access to certain content and services will be limited or restricted.

· Overview. We reserve the right to modify the content, type, and availability of any Digital Membership Product at any time. Additionally, we reserve the right to change or terminate any offered subscriptions or promotions at any time. For details about your purchases of Digital Membership Products, including payment methods and billing cycles, email us at info@fit1media.com or login to your user account for the relevant Digital Membership Product if you have created one. When you make a one-time purchase of a Digital Membership Product (for example, a 30 day subscription or standalone product such as an article from our archives or a gift subscription), we will charge or debit your payment method at the time of purchase.

· Auto-renewing Subscription. Unless you cancel your Digital Membership Product, it will be automatically renewed at the end of each subscription term, at the rate(s) then in effect. You will receive an auto-renewal reminder notice with the then current rate(s) 5 days prior to charging your credit/debit card/3rd party payment account for a monthly Digital Membership Product and 30 days prior to charging your credit/debit card/3rd party payment account for an annual Digital Membership Product. You may opt out of the automatic renewal at any time by contacting customer service at info@fit1media.com and your monthly Digital Membership Product will continue until the end of the then current month and your annual Digital Membership Product will continue until the effective date of your cancellation and you will receive a prorated refund for all remaining months.

· Recurring Billing. By placing an order for a Digital Membership Product, you authorize us to charge you the subscription fee then in effect at the beginning of each billing period to your payment method. For example, you authorize us to charge your payment method the promotional rate disclosed on the subscription screen in the initial billing period (if applicable) and the regular subscription rate in subsequent billing periods. We reserve the right to change the timing of our billing, in particular, in the event your payment method has not successfully settled. If your payment method is declined for a recurring payment of your subscription fee, provide us a new payment method promptly or your subscription will be canceled. You acknowledge that the amount charged each billing period may vary for reasons that may include price changes or changing your subscription, and you authorize us to charge your payment method for such varying amounts each billing period.

· Price Changes. We reserve the right to change subscription fees for Digital Membership Products at any time. We will notify you of any changes if the regular fee for your subscription changes from what was stated at the time of your initial order. You will have an opportunity to cancel your subscription. If you do not cancel your subscription, you will be charged the new subscription fee at your next billing period.

· Cancellations. When you cancel a Digital Membership Product, you cancel only future charges associated with your subscription. You may notify us of your intent to cancel at any time, but the cancellation will become effective at the end of your current billing period.

· Refunds. Except as may otherwise be provided for in these Terms of Use, we reserve the right to issue refunds or credits for Digital Membership Products at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.

c) Digital Subscriptions – Automatic Renewal and Continuous Service (“Continuous Service Program”)

This section governs digital subscriptions, whether ordered online or offline. If you have enrolled in the Continuous Service Program in connection with your digital subscription, it will be automatically renewed at the end of each subscription term, at the rate then in effect, unless you tell us otherwise. You authorize us to fulfill your subscription and charge the credit/debit card/3rd party payment account if provided or send you a bill if not. You will not receive any renewal notices; instead, you will receive a clearly marked reminder notice with the then-current rate about 30 days prior to charging your credit/debit card/3rd party payment account or receiving a bill. You may opt out of the automatic renewal at any time by contacting customer service at info@fit1media.com and receive a refund for all undelivered issues.

13. Release

If you have a dispute with one or more users of the Digital Services (including merchants), you release Fit1Media LLC (and its affiliates and its and their officers, directors, employees, contractors and agents) from claims, demands, liabilities, costs, or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes). In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

14. Indemnity

You agree to indemnify and hold Fit1Media LLC (and its affiliates and its and their officers, directors, employees, contractors, and agents) harmless, including costs and reasonable attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Digital Services or Content, (b) your User Content, (c) your violation of this Agreement; or (d) your violation of applicable laws or regulations. Fit1Media LLC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Fit1Media LLC. Fit1Media LLC will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

15. Disclaimers

THE DIGITAL SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SERVICE PROVIDERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SERVICE PROVIDERS) MAKE NO WARRANTY THAT THE DIGITAL SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.

DUE TO THE INHERENT NATURE OF THE INTERNET, WE CANNOT GUARANTEE THAT INFORMATION, DURING TRANSMISSION THROUGH THE INTERNET OR WHILE STORED ON OUR SYSTEMS OR OTHERWISE IN OUR CARE, WILL BE ABSOLUTELY SAFE FROM INTRUSION BY OTHERS. FIT1MEDIA LLC ASSUMES NO LIABILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, HARDWARE OR NETWORK FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER CONTENT. YOU UNDERSTAND THAT IF YOU DOWNLOAD ANY MATERIAL, YOU DO SO AT YOUR SOLE RISK. FIT1MEDA LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE Digital Services or any online services linked to the Digital Services in terms of their correctness, accuracy, reliability, or otherwise. UNDER NO CIRCUMSTANCES SHALL FIT1MEDIA LLC BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE DIGITAL SERVICES, ANY CONTENT POSTED ON OR THROUGH THE DIGITAL SERVICES, OR CONDUCT OF ANY USERS OF THE DIGITAL SERVICES, WHETHER ONLINE OR OFFLINE. YOU USE THE DIGITAL SERVICES AT YOUR OWN RISK. SOME AREAS OF OUR DIGITAL SERVICES OFFER ADVICE FROM A VARIETY OF PROVIDERS, WHO MAY BE AFFILIATED WITH FIT1MEDIA LLC OR MEMBERS OF THE USER COMMUNITY; SUCH ADVICE IS FOR ENTERTAINMENT ONLY AND NOT AS TREATMENT OR REMEDY FOR AN INDIVIDUAL CIRCUMSTANCE. FIT1MEDIA LLC CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE DIGITAL SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

16. Limitation of Liability

IN NO EVENT SHALL WE (AND OUR affiliates and OUR and their officers, directors, employees, contractors and agents ) OR OUR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER CONTRACT, IN TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY LOSS OR DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) LOST PROFIT, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE DIGITAL SERVICES INCLUDING FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID FIT1MEDIA LLC IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SERVICE PROVIDERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO IN THOSE STATES OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

17. Third Party Services and Ads

The Digital Services might contain links to third-party websites, apps, or other services (e.g., social media platforms), and advertisements for third parties (collectively, “Third-Party Services & Ads”). Such Third-Party Services and Ads are not under the control of Fit1Media and Fit1Media is not responsible for any Third-Party Services and Ads. Fit1Media provides these Third-Party Services and Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services and Ads. When you use Third-Party Services and Ads, you do so at your own risk. When you link to Third-Party Services and Ads, the applicable third party’s terms and policies apply, including the third party’s privacy policies.

18. Third Party Affiliate Marketing

19. Local Regulations

Fit1Media LLC makes no representation that the Digital Services or Content are appropriate or available for use outside the United States, its territories, possessions, and protectorates. If you choose to access the Digital Services or Content from other locations, you do so on your own initiative and at your own risk.

You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

20. Termination

Fit1Media LLC may, in its sole discretion, terminate your password, account (or any part thereof) or use of the Digital Services, or remove and discard any User Content or information stored, sent, or received via the Digital Services without prior notice and for any reason or no reason, including, but not limited to:

(i) permitting another person or entity to use your identification to access the Digital Services,

(ii) any unauthorized access or use of the Digital Services,

(iii) any violation of this Agreement, or

(iv) tampering with or alteration of any of the software, data files, and/or Content contained in or

accessed through the Digital Services.

You may terminate your account for any reason or no reason. Termination, suspension, or cancellation of this Agreement or your access rights to the Digital Services shall not affect any right or relief to which Fit1Media LLC may be entitled, at law or in equity. Upon such termination, suspension, or cancellation, all rights granted to you will automatically terminate and immediately revert to Fit1Media LLC and its licensors and all rights granted by you to Fit1Media LLC shall survive in perpetuity.

Notwithstanding any termination, suspension, or cancellation of this Agreement or your access rights to the Digital Services, the following provisions of this Agreement will survive: Sections 2 – 29.

21. Entire Agreement

This Agreement (including the Privacy Notice) constitutes the entire agreement between you and us regarding the use of the Digital Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

22. Changes to this Agreement

We may revise, prospectively, this Agreement by posting an updated version on the Digital Services. You consent and agree to receive notices of updates to this Agreement through our posting of an updated Agreement on the Digital Services. You should visit this page or section regularly to review the current version of the Agreement. Your continued use of the Digital Services will be deemed as irrevocable acceptance of any revisions.

23. Dispute Resolution (Arbitration Clause and Class Action Waiver)

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

23.1 Except for either party’s claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret, any and all disputes between you and Fit1Media LLC arising under or related in any way to this Agreement, must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of any of the Digital Services.

23.2 YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND FIT1MEDIA LLC ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND FIT!MEDIA LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

23.3 The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and Fit1Media LLC must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in your choice of the following locations: San Francisco, CA, Denver, CO, or New York, NY. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in New York City, New York. Claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in New York City, New York.

24. No Waiver

No failure or delay by Fit1Media LLC in exercising any right, power or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Agreement.

25. Governing Law

This Agreement shall be governed by and construed solely and exclusively in accordance with the laws of the State of North Carolina, USA without giving effect to any law that would result in the application of the law of another jurisdiction.

26. Notice to California Users

Under California Civil Code Section 1789.3, California users of the Digital Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

27. Copyright Infringement Claims Policy

In accordance with the provisions of the Digital Millennium Copyright Act, 17 USC sec. 512, our Digital Services have designated an agent to receive notices of claims of copyright infringement: Fit1Media LLC, Att: Copyright Agent, 551 Pylon Dr – Suite D, Raleigh, North Carolina; email: info@fit1media.com. If you believe your copyright has been infringed, you may provide us with notice. To be effective, the notification must be a written communication that includes the following:

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

· Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

· Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

· Information reasonably sufficient to permit us to contact you, including an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

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

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

We may give notice to our users that we have received a notice of infringement by means of a general notice on our site, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

· Your physical or electronic signature.

· Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled.

· A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

· Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for the judicial district in which our offices are located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

We have a policy of terminating access to our Digital Services of any user who repeatedly infringes the proprietary rights of any third party.

28. Apple App Store Additional Terms and Conditions

The following additional terms and conditions apply to you if you are using an app from the Apple App Store (an “Apple App”). To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 28, the more restrictive or conflicting terms and conditions in this Section 28 apply, but solely with respect to Apple Apps from the Apple App Store.

Acknowledgement:

Fit1Media LLC and you acknowledge that this Agreement is concluded between Fit1Media LLC and you only, and not with Apple, and Fit1Media LLC, not Apple, is solely responsible for the Apple App and the content thereof. To the extent this Agreement provides for usage rules for Apple App that are less restrictive than the usage rules set forth for the Apple App in, or otherwise is in conflict with, the App Store Terms of Service, the more restrictive or conflicting Apple term applies.

Scope of License:

The license granted to you for the Apple App is limited to a non-transferable license to use the Apple App on an iOS Product that you own or control and as permitted by the usage rules set forth in the App Store Terms of Service.

Maintenance and Support:

Fit1Media LLC is solely responsible for providing any maintenance and support services with respect to the Apple App, as specified in this Agreement (if any), or as required under applicable law. Fit1Media LLC and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple App.

Warranty:

Fit1Media LLC is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Apple App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple App to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Fit1Media LLC’s sole responsibility.

Product Claims:

Fit1Media LLC and you acknowledge that Fit1Media LLC, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple App or your possession and/or use of the Apple App, including, but not limited to:

(i) product liability claims.

(ii) any claim that the Apple App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

This Agreement does not limit Fit1Media LLC’s liability to you beyond what is permitted by applicable law.

Intellectual Property Rights:

Fit1Media LLC and you acknowledge that, in the event of any third-party claim that the Apple App or your possession and use of the Apple App infringes that third party’s intellectual property rights, Fit1Media LLC, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

Legal Compliance:

You represent and warrant that:

(i) you are not located in a country that is subject to a U.S. Government embargo, or that has been

designated by the U.S. Government as a “terrorist supporting“ country.

(ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Developer Name and Address:

Fit1Media LLC contact information for any end-user questions, complaints or claims with respect to the Apple App is: Fit1Media LLC, 551 Pylon Dr – Suite D, Raleigh, North Carolina 27606 or email info@fit1media.com.

Third Party Terms of Agreement:

You must comply with applicable third-party terms of agreement when using the Apple App.

Third-Party Beneficiary:

Fit1Media LLC and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

29. Copyright/Trademark Information

Copyright © 2020, Fit1Media LLC. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Digital Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

30. Contact Us.

If you have any questions about this Agreement, you may contact us by email at info@fit1media.com.