Gymble is a universal account for health and fitness. Through our platform and mobile application, you gain easy access to a variety of services and experiences, empowering you to personalize your journey to wellness, so you can lead a more active and healthier lifestyle. Gymble, the market leader in connecting users and athletic facilities with flexible fitness experiences, has committed to redefine health and fitness by giving access to a variety of personalized fitness experiences all under one account, making wellness more accessible and enjoyable.

The Gymble website gymble.us (the “Site”) and the Gymble mobile application (the “App”) are provided by Gymble, Inc. (“Gymble”). You may access and use certain portions of the Site and the App without registering as a Member, but certain functionality of the Site and the App is limited to Members. By downloading the App, registering to become a Member or otherwise using the Site, you agree to be bound by these Terms of Service (the “Agreement”). If you wish to become a Member and communicate with other Members and make use of the Gymble service through the Site or the App (the “Service”), you must read these Terms of Service and indicate your acceptance of them by following the instructions in the Sign Up page. If you do not agree to these Terms of Use, you may not use the App, the Site or Service, and you should immediately discontinue any further use.

Please note that Gymble is not a health plan, health plan provider or a health insurance company. Should you have any questions about your benefits including health benefits or other employer offered benefits, please direct your questions to your employer or your health plan provider.

This Agreement, including Gymble’s Privacy Policy, sets out the legally binding terms of your use of the App, the Site and the Service. This Agreement may be amended by Gymble from time-to-time. In the event of a material alteration to the terms of this Agreement, as determined in Gymble’s good-faith and reasonable judgment, Gymble will provide notice to you and your acknowledgement and continued use of the App, the Site or the Service after such notice will indicate your agreement to the amended terms. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Services. You acknowledge and agree that the specific offerings of the Service may change from time-to-time without prior notice to you and Gymble shall have no liability to you for the discontinuance of any specific aspect of the Service. Moreover, Gymble may deny, revoke, or otherwise restrict the access privileges of you
or any Member at any time fails to comply with this Agreement.

● 1. Eligibility. You must be thirteen or over to register as a member of Gymble or use the Service. The Service is not intended for use by children under thirteen; if you are under thirteen years of age, please do not use the Service or register as a Member.

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● 2. Registration. In order to use the Service, you must register as a member (herein a “Member”) and provide to Gymble certain basic information about yourself, which may include personal data such as your city, state and zip code, date of birth, gender, first and last name and a valid email address. By registering as a Member in the Service, you represent and warrant that (a) you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; (b) all registration information and Content (as defined below) you submit is truthful and accurate; (c) you will maintain the accuracy of such information; and (d) your use of the Service does not violate any applicable law or regulation. If any information provided by you is untrue, inaccurate or not current, Gymble reserves the right to terminate your use of the Service. As part of the registration process, you will be asked to provide your email address, which address will act as your log-in for the Service. Please note that Gymble may refuse use of any email, username or password for any reason in its sole discretion, including without limitation, if such email, user name or password contains illegal, obscene or offensive language or is protected by trademark or other intellectual property rights or may cause confusion. You are solely responsible for the activity that occurs through the use of your email and account with Gymble. You must notify us immediately of any breach of security or unauthorized use of your account or use of your password.
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● 3. Term. This Agreement will remain in full force and effect while you use the App, or the Site, and are a Member. You may terminate at any time, for any reason by following the instructions for Deleting Account on the Edit Profile page. Gymble may suspend or terminate your use of the Service for any reason, at any time, including, without limitation, if Gymble believes that you are under thirteen years of age or you are in breach of any representation, warranty or covenant contained herein or in order to protect the App, the Site or other users from harm.
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● 4. Payment. All pricing information and payment terms will be communicated to you through the App. Gymble reserves the right to institute, or modify, applicable fees, including registration or other fees at any time at its sole discretion, either for continued use of the Service or for any specific functionality. If Gymble institutes any such fees, Your access to the Service or the specific functionality may be terminated or restricted if You do not choose to pay such registration or other fees. Gymble is not a bank, money services business, or a payment processor.
All payments for use of the Services are processed through a third-party payment services provider. Your relationship with Gymble is separate from your relationship with the third-party payment services provider and the payment of any funds shall be governed by the terms of services of the third-party payment services provider.
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○ a. Reservation Cancellation. Reservations may be cancelled up to twelve (12) hours before the start of the class. Reservations
cancelled within twelve (12) hours of the start of the class will be considered a late cancel and result in the forfeiture of the credits
used to reserve that class. In some circumstances depending on the individual gym or studio’s policy, you will be unable to cancel a
reservation and you will not be refunded nor receive any credits back. Gymble will use commercially reasonable attempts to make
you aware of such circumstances. For clarity, Gymble will not refund any credits or any additional credits purchased as a result of a
late cancel.

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● 5. Use of the Site and Service. In accessing the Services, you agree that: (i) if you register as a Facility or Instructor, you may use the Service
solely for your internal business purposes as permitted on the Service; or (ii) if you register as an individual Member, you may use the Service
solely for your own personal non-commercial use. Use of the Services, materials, or information provided through the Services for any other
purposes is prohibited without Gymble’s prior written consent. Illegal and/or unauthorized uses of the App, the Site or the Services, including
collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and
unauthorized framing of or linking will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal,
and injunctive redress.
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○ a. You acknowledge and agree that the Service, the Site, and the App may include advertisements, which advertisements may be
targeted based on your personal preferences and activities as provided to the Service. Gymble will not, however, provide your
name or personally identifiable information to any such advertiser without your permission (See Privacy.) You agree that such
advertisements are a necessary part of the Service.
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○ b. You are expressly prohibited from copying, modifying, distributing, transmitting, displaying, reproducing, publishing, licensing,
creating derivative works from, linking to or framing on another website, using on any other website, or transferring or selling the
Site or its content without Gymble’s prior written permission. This prohibition expressly includes, but is not limited to, the
practices of “web scraping”, “screen scraping” and “data mining.” Furthermore, You are prohibited from using the content for any
public or commercial purpose. You may not reverse engineer, disassemble, decompile, or otherwise attempt to derive source code
from the Site, the App, or its content.

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● 6. Intellectual Property Rights in the Service, the Site, and the App. Except for the limited rights of access granted herein, Gymble owns
and retains all rights, title and interest in the App, the Site and the Services, including without limitation, all content, graphics, video, sound,
logos, software, trademarks, service marks and other material therein (the “Content”) and all intellectual property rights associated with the
App, the Site, the Services and Content. Except for that information or content which is in the public domain or for which you have been given
written permission, you may not copy, modify, publish, republish, mirror, frame, transmit, distribute, perform, display, sell, or otherwise make
available to third-parties the App, the Site, the Service or any Content. Except as expressly set forth herein, your use of the App, the Site or
Service does not create any license or any other rights in Gymble’s or any third-party's copyrights, trademarks or any other intellectual property or proprietary rights. All product names, logos, trademarks and service marks appearing on the App or the Site are the property of Gymble or other third-parties. Nothing in these terms of use shall be construed to grant you any right or license in any of these names, logos, trademarks or, service marks without the prior written consent of the owner. All rights in and to the Service and the Site not expressly granted herein are reserved by Gymble.
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● 7. User Content.
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○ a. You may provide certain personal information, including personal images, and other material or content to Gymble through and
for use on the Service (“User Content”) and create your own profile page. You may not post, transmit, upload or publish any User
Content that you did not create or have permission to post. You also consent to the use of your image(s) if included in the User
Content and represent that you have obtained the consent of every individual who may appear in your User Content. Please note
that even if you restrict access to your profile page or make your profile page a private page, your name will appear as a Member of
Gymble.
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○ b. You understand and agree that Gymble may review and delete any User Content that in the sole judgment of Gymble, violates
this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
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○ c. You are solely responsible for the User Content that you upload, publish or display (hereinafter, "post") on the Service, or
transmit to other Members.
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○ d. You will retain ownership rights in your User Content. However, by posting User Content to the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Gymble, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license in perpetuity, to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing as necessary for the provision of the Service and Gymble’s related business purposes.
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○ e. You are solely responsible for your use of the Service. Gymble shall have no obligation to monitor User Content, but reserves the right to do so and to investigate and take appropriate action, including legal action, in its sole discretion, including without limitation, removing the offending communication from the App, the Site or the Service. You agree that you will not provide User Content or otherwise use the Services in such a way that:
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■ i. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming".
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■ ii. promotes information that you know is false or misleading
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■ iii. promotes illegal activities or conduct
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■ iv. constitutes stalking of any other user or is bullying, abusive, threatening, obscene, pornographic, defamatory or libelous or violates the rights of any third-party, including a party’s right of privacy or publicity;
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■ v. provides instructional information about illegal activities such as making or buying illegal weapons or providing or creating computer viruses; and

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■ vi. solicits or collects passwords or personal identifying information for commercial or unlawful purposes from other users.
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■ vii. interfere with, or attempt to interfere with, the normal operations of the App, the Site, the Services or any other user’s use of the same, including by deleting, altering or blocking another user’s postings, deliberately providing false information, overloading, flooding, spamming or crashing the Services or its underlying systems or by altering any profile or other information provided by any user;
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■ viii. post, share, link to or submit any content or material that is the protected health information of another as that term is defined by the Health Insurance Portability and Accountability Act;
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■ ix. use the Services for illegal file sharing or post, upload, distribute or share any User Content or other content that infringes the intellectual or other proprietary rights of any third-party.○ f. Even though all of the above is strictly prohibited, there is a chance that you might become exposed to other User Content that you find objectionable or offensive and you further waive your right to any damages (from any party) related to such exposure.
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○ g. You must use the Service in a manner consistent with any and all applicable laws and regulations.
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● 8. Member Disputes. You are solely responsible for your interactions with other Gymble Members. Gymble reserves the right, but has no
obligation, to monitor disputes between you and other Members.
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● 9. System Requirements
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○ a. Gymble supports these modern browsers for desktop:
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■ i. Chrome - Latest stable release
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■ ii. Safari - Latest stable release
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■ iii. Firefox - Latest stable release
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■ iv. Edge - Latest stable release
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○ b. The Gymble app is available for these mobile platforms:
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■ i. iOS - Version 10 or higher
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■ ii. Android - Version 5.0 or higher with Google Play
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● 10. Privacy. Use of the Site and/or the Service is also governed by our Privacy Policy.
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● 11. Disclaimers.
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○ a. Health and Exercise Disclaimers. We urge you to consult your physician or other health care professional before starting any
exercise or fitness program to determine if it is right for your needs. This is particularly true if you (or your family) have a history
of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising or have experienced chest pain
in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem
that could be made worse by a change in physical activity. Do not start this or any other fitness program if your physician or health
care provider advises against it.
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○ b. Please note that we do not review, qualify or warrant any workout program or materials provided on the Service, whether from a
Facility, Instructor or other Member. You are solely responsible for your use of any such program or materials. Regardless of the
workout program, you should warm up for a few minutes prior to starting any exercise. Always exercise at a level at which you feel
comfortable. If you experience discomfort, faintness, dizziness, pain or shortness of breath at any time while exercising you should
stop immediately.
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○ c. The recommendations, instructions and advice contained on the Site or through the Service are in no way intended to replace or
to be construed as medical advice, diagnosis or treatment, and are offered for informational and entertainment purposes only. If you
have any concerns or questions about your health, you should always consult with a physician or other health care professional. Do
not disregard, avoid or delay obtaining medical or health related advice from your healthcare professional because of any content
you may obtain through the Site or Service. The use of any information provided on the Site or through the Service is solely at your
own risk.
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○ d. You acknowledge that there is a risk of injury associated with any exercise activity. Always use safe techniques and protective
equipment when engaging in exercise. If you are unfamiliar with or do not understand the proper techniques and/or use of
equipment for the exercises you intend to perform, please seek advice and assistance before performing them. Gymble is not
responsible or liable for any injury that may result from improper use of any workout programs provided on the Service or any
exercise program or activity in which you participate arising from the use of the App, the Site or Service. By using the App, the
Site and/or Services, you agree to accept all risks associated with any workout programs or materials you obtain or participate in
and that you will not hold Gymble liable for any injury or illness that may occur.
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○ e. If you are in the United States and think you are having a medical or health emergency, call your health care professional, or 911,
immediately.
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○ f. General Disclaimers. THE SITE AND SERVICE MAY CONTAINS INFORMATION, FACTS, OPINIONS, AND
RECOMMENDATIONS OF VARIOUS INDIVIDUALS AND ORGANIZATIONS REGARDING GYMS, WORKOUT
FACILITIES, INSTRUCTORS, SPORTS, HEALTH, AND FITNESS. GYMBLE AND ITS AFFILIATES, AGENTS AND
LICENSORS CANNOT, AND DO NOT, GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF, OR OTHERWISE ENDORSE, ANY OPINIONS
OR RECOMMENDATIONS OR ANY INSTRUCTORS OR FACILITIES THAT MAY PARTICIPATE IN OR BE LISTED ON
THE SITE OR SERVICE.
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○ g. GYMBLE IS NOT A HEALTH CARE PROVIDER. GYMBLE DOES NOT OFFER ANY HEALTH RELATED SERVICES
THROUGH ANY OF OUR SERVICE OFFERINGS NOR DOES GYMBLE PROVIDE MEDICAL ADVICE. NONE OF THE
INFORMATION ON THE SITE SHOULD BE MISCONSTRUED AS PROFESSIONAL MEDICAL ADVICE OR
SUBSTITUTED FOR PROFESSIONAL MEDICAL ADVICE. SHOULD YOU HAVE ANY QUESTIONS ABOUT YOUR
HEALTH OR MEDICAL CONDITION PLEASE CONTACT YOUR HEALTH CARE PROVIDER. IN AN EMERGENCY,
YOU SHOULD CONTACT 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER IMMEDIATELY.
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○ h. GYMBLE IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE
SITE OR MEMBER OF THE SERVICE. GYMBLE ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE
FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR MEMBER
COMMUNICATIONS. GYMBLE IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF
ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER
EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR
TRAFFIC CONGESTION ON THE INTERNET OR AT ANY SITE OR COMBINATION THEREOF, INCLUDING INJURY
OR DAMAGE TO USERS AND/OR MEMBERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING

FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE SITE AND/OR IN CONNECTION WITH

THE SERVICE.
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○ i. THE SERVICE AND ALL CONTENT AND INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE OR
SERVICE ARE PROVIDED "AS" FOR YOUR USE WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, GYMBLE DISCLAIMS ALL WARRANTIES, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. GYMBLE
CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE
SERVICE. GYMBLE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE
MATERIALS AND INFORMATION ON THIS SITE OR ANY WEBSITE LINKED TO THIS SITE. NOR DOES GYMBLE
WARRANT THAT THE SITE WILL BE ACCESSIBLE AT ALL TIMES OR IN ALL GEOGRAPHIC AREAS. THE SERVICE
MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM GYMBLE OR THROUGH
OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. FURTHER,
GYMBLE DOES NOT WARRANT THAT THIS SITE OR THE SERVICE ARE FREE FROM COMPUTER VIRUSES,
WORMS OR OTHER HARMFUL EFFECTS. YOUR USE OF THE SITE AND SERVICE IS SOLELY AT YOUR OWN RISK.
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● 12. Limitation on Liability. Limitation on Liability. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED,
UNDER NO CIRCUMSTANCES SHALL GYMBLE BE LIABLE FOR ANY DIRECT, INDIRECT, ACTUAL, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES ATTRIBUTABLE TO ANY
PERSONAL INJURY OR DEATH, LOSS OF DATA, LOSS OF BUSINESS, LOST PROFITS OR LOSS OF USE, ARISING OUT OF THE
USE OR INABILITY TO USE THE SERVICES OR THE SITE (OR WEBSITES LINKED TO THE SITE), EVEN IF GYMBLE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, GYMBLE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO GYMBLE FOR THE SERVICE.
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● 13. Facilities and Instructors; Third-Party Services and Websites. Gymble does not qualify, endorse, investigate or approve any Facilities
or Instructors listed on the Service. You are solely responsible for ensuring that any such Facilities and Instructors from whom you purchase
materials, such as workout materials, or services are qualified or meet your needs. In no event will Gymble be responsible or liable for any
materials or services provided by such Facilities or Instructors or for their failure to provide any such materials or services. The Site and
Service may contain links to third-party websites that are not owned or controlled by Gymble. Gymble has no control over, and assumes no
responsibility for, the content, privacy policies, products, services or practices of any third-party websites. In addition, Gymble will not and
cannot censor or edit the content of any third-party websites. By using the Service, you expressly relieve Gymble from any and all liability
arising from or in connection with your use of any Facility, Instructor or third-party websites. Facilities may, at any time, alter, amend or cancel
their scheduled offerings without notice. As a result, a reserved class may be cancelled without notice to the subscriber. Gymble accepts no
liability for this cancellation beyond crediting your Gymble account with credits equivalent to the value of the cost of the reservation.
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● 14. Disputes. If there is any dispute about or involving the Site and/or the Service, by using the Site, you agree that the dispute will be
governed by the laws of the State of North Carolina without regard to its conflict of law provisions. You agree to personal jurisdiction by and
venue in the state and federal courts of the State of North Carolina.
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● 15. Indemnity. You agree to indemnify and hold Gymble, its subsidiaries, affiliates, and their respective officers, agents, representatives and
other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, due to or arising out of your use of the App, the Site or the Services and/or arising from a breach of this Agreement and/or any breach of your representations and
warranties set forth above.
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● 16. No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Gymble and
any User of the Service.
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● 17. Location of Service. The Service and Site is controlled and offered by Gymble from its facilities in the United States of America. If you
reside outside of the United States, please note that U.S. law governs Your use of the App, the Site and the Services and the sharing of
information within the App, the Site and Services. Without limiting the generality of the foregoing, Gymble is based within the United States
and does not offer goods or services to individuals in the European Union or monitor behavior of individuals within the European Union.
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● 18. Feedback. You understand and agree that any ideas or suggestions for improvements to the Site or Service, including without limitation,
enhancements, new functionality or concepts, shall be owned by Gymble. Gymble shall have the right to use any such ideas or suggestions in
its sole discretion and with no payment or consideration to You.
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● 19. Assignment. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be
assigned by Gymble without restriction.
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● 20. Other. This Agreement, including the Privacy Policy, accepted upon use of the App, the Site and further affirmed by becoming a Member
of the Service, contains the entire agreement between you and Gymble regarding the use of the Site and/or the Service. If any terms and
conditions of this Agreement are not accepted by you in full, you do not have permission to access the contents of the Site or use the Service
and therefore should cease using this Site immediately. The failure of Gymble to exercise or enforce any right or provision of these Terms of
Use shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement
shall continue in full force and effect.
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Please contact us with any questions regarding these Terms of Use at support@gymble.us; or
5520 Suncrest Ct, Charlotte, NC 28215