GENERAL

PLEASE READ THIS LEGAL DOCUMENT CAREFULLY. Peak Golf and Performance  LLC. (formerly Peak Golf and Performance LLC) (together with our affiliates, “Peak  Level Performance LLC”, “we”, or “us”) provides an online fitness community,  services, content and features through Peak Golf and Performance LLC websites, such as  those for our support and local pages (the “Peak Golf and Performance LLC Site(s)”), the  interfaces on tablets connected to Peak Golf and Performance LLC, Peak Golf and Performance LLC’s mobile, desktop, or device applications (including iOS and  Android applications (“Apps”)) and Peak Golf and Performance LLC-controlled social  media pages (including on Facebook, Instagram, and Linked In). To make these Terms  easier to read, the Peak Golf and Performance LLC Sites and Apps, along with the Peak  Level Performance LLC tablet interfaces and Peak Golf and Performance LLC-controlled  social media pages are collectively called the “Peak Golf and Performance LLC Service”  or “the Services”. By registering as a member or by visiting, browsing, or using the  Peak Golf and Performance LLC Service in any way, you (as a “user”) accept and agree  to be bound by these Terms of Service (“Terms”), which forms a binding agreement  between you and Peak Golf and Performance LLC. 

PLEASE READ: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 18). READ CAREFULLY, INCLUDING YOUR RIGHT, IF APPLICABLE, TO OPT OUT OF ARBITRATION. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 18 BELOW, OR WHERE PROHIBITED BY LAW, BY ENTERING INTO THESE TERMS YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND PEAK GOLF AND PERFORMANCE LLC WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. 

If you do not wish to be bound by these Terms, you may not access or use the Peak  Level Performance LLC Service. Certain elements of the Peak Golf and Performance LLC Service may be subject to additional terms and conditions specified from time to time;  your use of those elements of the Peak Golf and Performance LLC Service is subject to  those additional terms and conditions, which are incorporated into these Terms by this  reference. 

• 1. Who May Use the Peak Golf and Performance LLC Service 

Age Requirement. You must be at least 18 years old, or the age of legal majority in your  jurisdiction of residence, to register with and use the Peak Golf and Performance LLC Service. 

We may, in our sole discretion, refuse to offer the Peak Golf and Performance LLC Service  to any person or entity and change the eligibility criteria at any time. You are solely  responsible for ensuring that these Terms are incompliance with all laws, rules and  regulations applicable to you, and the right to access and use the Peak Golf and Performance LLC Service is revoked where these Terms or use of the Peak Golf and Performance LLC Service is prohibited or conflicts with any applicable law, rule or  regulation. Further, the Peak Golf and Performance LLC Service is offered only for your  personal, non-commercial use, and not for the use or benefit of any third party. 

• 2. License to Use the Peak Golf and Performance LLC Service 

License. Subject to your compliance with these Terms, Peak Golf and Performance LLC grants you a limited, non-transferable, non-exclusive, revocable license to access and  use the Peak Golf and Performance LLC Service for your own personal, non-commercial  purposes. This license includes the right to view Content (defined below) available on  the Peak Golf and Performance LLC Service. This license is personal to you and may not  be assigned or sublicensed to anyone else. 

Restrictions. Except as expressly permitted in writing by an authorized representative  of Peak Golf and Performance LLC, you will not reproduce, redistribute, sell, create  derivative works from, decompile, or disassemble the Peak Golf and Performance LLC Service, nor will you take any measures to interfere with or damage the Peak Golf and Performance LLC Service. All rights not expressly granted by Peak Golf and Performance  LLC in these Terms are reserved. 

• 3. Privacy 

Our Privacy Policy forms a part of these Terms. Please review the Privacy Policy to  learn about: 

• What information we may collect about you; 

• What we use that information for; and 

• With whom we share that information. 

• 4. Membership Requirements Registration 

To enjoy full access to the Peak Golf and Performance LLC Service, you must register as  a member of the Peak Golf and Performance LLC Service and enter into a subscription  agreement for access to our live and on-demand classes, Content and features (a  “Subscription”). Your Subscription is governed by the Membership Service  Agreement. You must provide complete and accurate registration information to Peak  Level Performance LLC, complete the Subscription process, and notify us if any of  your information changes. If you fail to keep your account information up to date, we  may have to suspend or terminate your Subscription. 

In-Studio Classes and Membership. Participation in our in-studio live classes is subject  to additional fees that are separate from the Subscription fees for Peak Golf and Performance LLC’s online Content. Additional information about our in-studio class  packs and memberships is available on our studio website.

Profile Information and Picture. You may not use someone else’s name, or any name,  location, other public profile information or image that violates any third party rights,  is against the law, or that is offensive, obscene or otherwise objectionable (in Peak  Level Performance LLC’s sole discretion). 

Account Security. You are responsible for all activity that occurs under your account,  including any activity by unauthorized users. You may not allow others to use your  account. You must safeguard the confidentiality of your password, and if you are using  a device that others have access to, log out of your account after using the Peak Golf and Performance LLC Service. If you become aware of an unauthorized access to your  account, change your password and notify our support team immediately. 

• 5. Membership Structure and Fees 

Peak Golf and Performance LLC will provide information on its Subscription requirements  on the Peak Golf and Performance LLC Site and/or by other means through the Peak Golf and Performance LLC Service. Features and prices are subject to change. • 6. Term and Termination; Account Deletion 

Term. These Terms begin on the date you first use the Peak Golf and Performance LLC Service and continue as long as you have an account with us and/or continue to use the  Peak Golf and Performance LLC Service. 

Termination. Peak Golf and Performance LLC may, in Peak Golf and Performance LLC’s  sole discretion, suspend, disable, or delete your account (or any part thereof) or block  or remove any User Content (defined below) that you submitted, for any lawful reason,  including if Peak Golf and Performance LLC determines that you have violated these  Terms or that your conduct or User Content would tend to damage Peak Golf and Performance LLC’s reputation or goodwill. If Peak Golf and Performance LLC deletes  your account, you may not re-register for or use the Peak Golf and Performance LLC 

Service under any other user name or profile. Peak Golf and Performance LLC may block  your access to the Peak Golf and Performance LLC Service to prevent re-registration. Effect of Termination / Account Deletion. Upon termination of these Terms all licenses  granted by Peak Golf and Performance LLC will terminate. The following sections survive  termination: Privacy, User Content, Indemnification, Limitation of Liability, Safety  Warnings, Intellectual Property, Arbitration & Class Action Waiver, Governing Law  and all general provisions. In the event of account deletion for any reason, User Content  may no longer be available and Peak Golf and Performance LLC is not responsible for the  deletion or loss of such User Content. For clarity, if you cancel your Subscription or it  is terminated for any reason, you will lose access to all live and on-demand classes and  any other Content or features provided through the Peak Golf and Performance LLC Service. Peak Golf and Performance LLC, in its sole discretion, may make available a very  limited amount of Content or features to non-subscribers from time to time, and any use  of that Content is governed by these Terms. 

• 7. User Content

“Content” means text, graphics, images, music, software, audio, video, works of  authorship of any kind, and information or other materials that are posted, generated,  provided or otherwise made available through the Peak Golf and Performance LLC Service; and (ii) ”User Content” means any content that users (including you) provide  to be made available through the Peak Golf and Performance LLC Service. Content  includes, without limitation, User Content. 

Any User Content, whether publicly posted or privately transmitted, is the sole  responsibility of the person who originated such User Content. You represent that all  User Content submitted by or on behalf of you is accurate, complete, up-to-date, and in  compliance with these Terms and with all applicable laws, rules and regulations. You  acknowledge that all Content, including User Content, accessed by you using the Peak  Level Performance LLC Service is at your own risk and you will be solely responsible  for any damage or loss to you or any other party resulting therefrom. To the full extent  permitted by law, we make no representations, warranties or guarantees with respect to  any Content that you access on or through the Peak Golf and Performance LLC Service. 

As between you and Peak Golf and Performance LLC, you represent that you own (or have  all rights necessary to grant Peak Golf and Performance LLC the rights below to) all User  Content that you submit to the Peak Golf and Performance LLC Service, and that Peak  Level Performance LLC will not need to obtain licenses from any third party or pay  royalties to any third party in order to use such User Content. You grant Peak Golf and Performance LLC a worldwide, perpetual, irrevocable, non-exclusive, sublicensable  (through multiple tiers), transferable royalty-free license and right to use, copy,  transmit, distribute, publicly perform and display (through all media now known or later  created), edit, modify, and make derivative works from your User Content (including,  without limitation, translations) for any purpose whatsoever, commercial or otherwise,  without compensation to you. In addition, you waive any so-called “moral rights” or  rights of privacy or publicity in your User Content. You further grant all users of the  Peak Golf and Performance LLC Service permission to view your User Content for their  personal, non-commercial purposes. If you make suggestions to Peak Golf and Performance LLC or through the Peak Golf and Performance LLC Service about  improving or adding new features or products to the Peak Golf and Performance LLC Service or you otherwise provide feedback or testimonials, you hereby grant to Peak  Level Performance LLC a worldwide, perpetual, irrevocable, non-exclusive,  sublicensable (through multiple tiers), transferable royalty-free license and right to use,  copy, modify, create derivative works based upon and otherwise exploit your  suggestions, feedback and testimonials for any purpose, without any notice,  compensation or other obligation to you. 

You can remove your User Content by specifically deleting it. However, in certain  instances, some of your User Content (such as posts or comments you make) may not  be completely removed and copies of your User Content may continue to exist on the 

Peak Golf and Performance LLC Service. We are not responsible or liable for the removal  or deletion of (or the failure to remove or delete) any of your User Content. • 8. Rights and Terms for Apps 

a) Rights in App Granted. Subject to your compliance with these Terms, Peak Golf and Performance LLC grants to you a limited non-exclusive, non-transferable, revocable  license, with no right to sublicense, to download and install a copy of the App on a  mobile device or computer that you own or control and to run such copy of the App  solely for your own personal non-commercial purposes. You may not copy the App,  except for making a reasonable number of copies for backup or archival purposes.  Except as expressly permitted in these Terms, you may not: (i) copy, modify or create  derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or  rent the App to any third party; (iii) reverse engineer, decompile or disassemble the  App; or (iv) make the functionality of the App available to multiple users through any  means. Peak Golf and Performance LLC reserves all rights in and to the App not expressly  granted to you under these Terms. 

b) Accessing App from an App Store. The following terms apply to any App accessed  through or downloaded from any app store or distribution platform (like the Apple App  Store or Google Play) where the App may now or in the future be made available (each  an “App Provider”). You acknowledge and agree that: 

• These Terms are between you and Peak Golf and Performance LLC, and not with the  App Provider, and Peak Golf and Performance LLC (not the App Provider), is solely  responsible for the App. 

• The App Provider has no obligation to furnish any maintenance and support  services with respect to the App. 

• In the event of any failure of the App to conform to any applicable warranty, you  may notify the App Provider, and the App Provider will refund the purchase price  for the App to you (if applicable) and, to the maximum extent permitted by  applicable law, the App Provider will have no other warranty obligation  whatsoever with respect to the App. Any other claims, losses, liabilities, damages,  costs or expenses attributable to any failure to conform to any warranty will be  the sole responsibility of Peak Golf and Performance LLC. 

• The App Provider is not responsible for addressing any claims you have or any  claims of any third party relating to the App or your possession and use of the  App, including, but not limited to: (i) any claim that the App fails to conform to  any applicable legal or regulatory requirement; and (ii) claims arising under  consumer protection or similar legislation. 

• In the event of any third party claim that the App or your possession and use of  that App infringes that third party’s intellectual property rights, Peak Golf and Performance LLC will be solely responsible for the investigation, defense,  settlement and discharge of any such intellectual property infringement claim to  the extent required by these Terms.

• The App Provider and its affiliates are third-party beneficiaries of these Terms as  related to your license to the App, and that, upon your acceptance of the Terms,  the App Provider will have the right (and will be deemed to have accepted the  right) to enforce these Terms as related to your license of the App against you as  a third-party beneficiary thereof. 

• 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; (iii) you are not an individual,  or associated with an entity, designated under the UK’s Terrorist Asset-Freezing  etc. Act 2010 (TAFA 2010); and (iv) you are not otherwise subject to or affected  in any way by any national security or terrorism related rules whether applicable  to you personally or to your location or other circumstances. 

• You must also comply with all applicable third party terms of service when using  the App. 

• 9. General Prohibitions and Peak Golf and Performance LLC’s Enforcement Rights You agree not to do any of the following: 

a) Post, upload, publish, submit or transmit any User Content that: (i) infringes,  misappropriates or violates a third party’s patent, copyright, trademark, trade secret,  moral rights or other intellectual property rights, or rights of publicity or privacy; (ii)  violates, or encourages any conduct that would violate, any applicable law or regulation  or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive;  (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes  discrimination, bigotry, racism, hatred, harassment or harm against any individual or  group; (vi) is violent or threatening or promotes violence or actions that are threatening  to any person, animal, or entity; (vii) exploits minors or (viii) promotes illegal or  harmful activities or substances; 

b) Download and/or install any third party software that is not expressly permitted by  Peak Golf and Performance LLC in writing; 

c) Use, display, mirror or frame the Peak Golf and Performance LLC Service or any  individual element within the Peak Golf and Performance LLC Service, Peak Golf and Performance LLC’s name, any Peak Golf and Performance LLC trademark, logo or other  proprietary information, or the layout and design of any page or form contained on a  page, without Peak Golf and Performance LLC’s express written consent; 

d) Access, tamper with, or use non-public areas of the Peak Golf and Performance LLC Service, Peak Golf and Performance LLC’s computer systems, or the technical delivery  systems of Peak Golf and Performance LLC’s providers; 

e) Attempt to probe, scan or test the vulnerability of any Peak Golf and Performance LLC system or network or breach any security or authentication measures; f) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any  technological measure implemented by Peak Golf and Performance LLC or any of Peak 

Level Performance LLC’s providers or any other third party (including another user) to  protect the Peak Golf and Performance LLC Service or Content; 

g) Attempt to access, scrape or search the Peak Golf and Performance LLC Service or  Content or download Content from the Peak Golf and Performance LLC Service, including  through the use of any engine, software, tool, agent, device or mechanism (including  spiders, robots, crawlers, data mining tools, plugins, add-ons or the like), other than the  software and/or search agents provided by Peak Golf and Performance LLC or other  generally available third-party web browsers; 

h) Send any unsolicited or unauthorized advertising, promotional materials, email, junk  mail, spam, chain letters or other form of solicitation; 

i) Use any meta tags or other hidden text or metadata utilizing a Peak Golf andPerformance  LLC trademark, logo URL or product name without Peak Golf and Performance LLC’s  express written consent; 

j) Use the Peak Golf and Performance LLC Service or Content, or any portion thereof, for  any commercial purpose or for the benefit of any third party or in any manner not  permitted by these Terms or permitted expressly in writing by Peak Golf andPerformance  LLC; 

k) Forge any TCP/IP packet header or any part of the header information in any email  or newsgroup posting, or in any way use the Peak Golf and Performance LLC Service or  Content to send altered, deceptive or false source-identifying information; l) Attempt to decipher, decompile, disassemble or reverse engineer any of the software  used to provide the Peak Golf and Performance LLC Service or Content; m) Interfere with, or attempt to interfere with, the access of any user, host or network,  including, without limitation, sending a virus, overloading, flooding, spamming, or  mail-bombing the Peak Golf and Performance LLC Service; 

n) Collect or store any personally identifiable information from the Peak Golf and Performance LLC Service from other users of the Peak Golf and Performance LLC Service  without their express permission; 

o) Copy, use, disclose or distribute any information obtained from the Peak Golf and Performance LLC Service, whether directly or through third parties (such as search  engines), without Peak Golf and Performance LLC’s express written consent; p) Impersonate or misrepresent your affiliation with any person or entity; q) Violate any applicable law or regulation; or 

r) Encourage or enable any other individual to do any of the foregoing. Although we’re not obligated to monitor access to or use of the Peak Golf andPerformance  LLC Service or Content or to review or edit any Content, we have the right to do so for  the purpose of operating the Peak Golf and Performance LLC Service, to ensure  compliance with these Terms, to comply with applicable law or other legal requirements  and to maintain the integrity and reputation of the Peak Golf and Performance LLC Service  and Peak Golf and Performance LLC’s systems. We reserve the right, but are not obligated,  to remove or disable access to any Content, at any time and without notice, including, 

but not limited to, if we, at our sole discretion, consider any Content to be objectionable  or in violation of these Terms. We have the right to investigate violations of these Terms  or conduct that affects the Peak Golf and Performance LLC Service. We may also consult  and cooperate with law enforcement authorities to prosecute users who violate the law. 

• 10. Dealings with Third Parties 

You should exercise caution and common sense to protect your personal safety and  property, just as you would when interacting with other people you don’t know. Your  participation, correspondence or personal or business dealings with any third party  found on or through the Peak Golf and Performance LLC Service, whether regarding  payment or delivery of specific services, donations or fundraisers, and any other terms,  conditions, representations associated with such dealings, are solely between you and  such third party. You agree that Peak Golf and Performance LLC is not responsible or  liable for any loss, damage, injury, or other matters of any sort incurred as the result of  such dealings.  

11. Indemnification 

You agree to indemnify, defend, and hold harmless Peak Golf and Performance LLC and  its directors, officers, employees, and agents, from and against all claims, damages,  losses and costs that arise from or relate to (i) your activities on the Peak Golf and Performance LLC Service, (ii) any User Content submitted by or on behalf of you or  (iii) your violation of these Terms. 

• 12. Third Party Links and Content 

There may be links on the Peak Golf and Performance LLC Service that let you leave the  particular Peak Golf and Performance LLC Service you are accessing in order to access a  linked site that is operated by a third party. Peak Golf and Performance LLC neither  controls nor endorses these sites, nor has Peak Golf and Performance LLC reviewed or  approved the content that appears on them. Peak Golf and Performance LLC is not  responsible for the legality, accuracy or inappropriate nature of any content, advertising,  products or other materials on or available from any such third party sites. You  acknowledge and agree that Peak Golf and Performance LLC is not responsible or liable,  directly or indirectly, for any damage or loss caused or alleged to be caused by or in  connection with the access or use of any of the links, content, goods or services  available on or through these third party sites. 

• 13. No Warranties 

Peak Golf and Performance LLC reserves the right to modify the Peak Golf andPerformance  LLC Service, including, but not limited to updating, adding to, enhancing, modifying,  removing or altering any Content or features of the Peak Golf and Performance LLC Service, at any time, in its sole discretion. You are responsible for providing your own  access (e.g., computer, mobile device, Internet connection, etc.) to the Peak Golf and Performance LLC Service. Peak Golf and Performance LLC has no obligation to screen or  monitor any Content and does not guarantee that any Content available on the Peak 

Level Performance LLC Service is suitable for all users or that it will continue to be  available for any length of time. 

Peak Golf and Performance LLC provides the Peak Golf and Performance LLC Service on an  “AS IS” and “AS AVAILABLE” basis. You therefore use the Peak Golf andPerformance  LLC Service at your own risk. Without limiting the foregoing, Peak Golf andPerformance  LLC makes no representations: 

• That the Peak Golf and Performance LLC Service is or will be permitted in your  jurisdiction; 

• That the Peak Golf and Performance LLC Service will be uninterrupted or error-free; • Concerning any Content, including User Content; 

• Concerning any third party’s use of User Content that you submit; • That the Peak Golf and Performance LLC Service will meet your personal or  professional needs; 

• That Peak Golf and Performance LLC will continue to support any particular feature  of the Peak Golf and Performance LLC Service. 

• Concerning sites and resources outside of the Peak Golf and Performance LLC Service, even if linked to from the Peak Golf and Performance LLC Service. To the extent that another party may have access to or view Content on your device,  you are solely responsible for informing such party of all disclaimers and warnings in  these Terms. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF  LIABILITY DOES NOT APPLY, TO THE FULLEST EXTENT PERMITTED BY  LAW, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY  WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF 30 DAYS  AFTER THE DATE ON WHICH YOU FIRST USED THE Peak Golf and PERFORMANCE LLC SERVICE, AND NO WARRANTIES SHALL APPLY  AFTER SUCH PERIOD. 

• 14. Limitation of Liability 

To the fullest extent permitted by law: (i) Peak Golf and Performance LLC shall not be  liable for any indirect, incidental, special, consequential, punitive, or exemplary  damages, including but not limited to damages for loss of profits, economic or pure  economic losses, goodwill, use, data, service interruption, computer damage, system  failure, inability to use the Peak Golf and Performance LLC Service or Content or other  intangible losses, even if a limited remedy set forth herein is found to have failed its  essential purpose; and (ii) Peak Golf and Performance LLC’s total liability to you for all  claims, in the aggregate, will not exceed the amount actually paid by you to Peak Golf and Performance LLC over the 12 months preceding the date your first claim(s) arose. If  you live in a jurisdiction that does not allow the exclusion or limitation of liability for  consequential or incidental damages, the above limitation does not apply to you. To the  extent that one or any aspect of Peak Golf and Performance LLC’s limitations set out above  does not apply, all remaining aspects survive. The exclusions and limitations of 

damages set forth above are fundamental elements of the basis of the bargain between  Peak Golf and Performance LLC and you. 

• 15. Safety Warnings 

THE Peak Golf andPERFORMANCE LLC SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN OR GENERAL PRACTITIONER BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN, GENERAL PRACTITIONER OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE Peak Golf andPERFORMANCE LLC SITE OR HEARD ON THE Peak Golf andPERFORMANCE LLC SERVICE. THE USE OF INFORMATION PROVIDED THROUGH THE Peak Golf andPERFORMANCE LLC SERVICE IS SOLELY AT YOUR OWN RISK AND IS NOT MEDICAL OR HEALTHCARE ADVICE. 

NOTHING STATED OR POSTED ON THE Peak Golf andPERFORMANCE LLC SITE OR AVAILABLE THROUGH ANY Peak Golf andPERFORMANCE LLC SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THESE TERMS, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE Peak Golf andPERFORMANCE LLC SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND, TO THE FULL EXTENT PERMITTED BY LAW, Peak Golf andPERFORMANCE LLC MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE Peak Golf andPERFORMANCE LLC SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL. 

In becoming a user of Peak Golf and Performance LLC with the intent of using the Peak  Level Performance LLC Service, you affirm that either (A) all of the following  statements are true: (i) no physician or general practitioner has ever informed you that  you have a heart condition or that you should only do physical activities recommended 

by a physician or general practitioner; (ii) you have never felt chest pain when engaging  in physical activity; (iii) you have not experienced chest pain when not engaged in  physical activity at any time within the past month; (iv) you have never lost your  balance because of dizziness and you have never lost consciousness; (v) you do not  have a bone or joint problem that could be made worse by a change in your physical  activity; (vi) your physician or general practitioner is not currently prescribing drugs  for your blood pressure or heart condition; (vii) you do not have a history of high blood  pressure, and no one in your immediate family has a history of high blood pressure or  heart problems; and (viii) you do not know of any other reason you should not exercise;  or (B) your physician or general practitioner has been specifically consulted by you and  approved of your use of the Peak Golf and Performance LLC Service. 

If applicable, you further affirm that (a) you are not pregnant, breastfeeding or lactating;  unless (b) your physician or general practitioner has been specifically consulted and  approved your use of the Peak Golf and Performance LLC Service. 

Peak Golf and Performance LLC reserves the right to refuse or cancel your membership if  we determine that you have certain medical conditions or that the representations set  forth above are untrue in any respect. 

• 16. Intellectual Property 

You acknowledge that the Peak Golf and Performance LLC Service contains content that  is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights,  and that these rights are valid and protected in all forms, media and technologies  existing now or hereafter developed. All Peak Golf and Performance LLC-generated  content, and content provided to Peak Golf and Performance LLC by its partners and  licensors, is copyrighted individually and/or as a collective work under the U.S.  copyright laws and all applicable international copyright (or equivalent) laws in all  jurisdictions; further, as between you and Peak Golf and Performance LLC, Peak Golf and Performance LLC owns a copyright in the selection, coordination, arrangement and  enhancement of all content in the Peak Golf and Performance LLC Service. Subject to your  compliance with these Terms, and solely for so long as you are permitted by us to access  and use the Peak Golf and Performance LLC Service, you may download one copy of the  application to any single device for your personal, non-commercial home use only,  provided you keep intact all copyright and other proprietary notices, and are in  compliance with these Terms. Subject to your compliance with these Terms, and solely  for so long as you are permitted by us to access and use the Peak Golf andPerformance  LLC Service, Peak Golf and Performance LLC hereby grants you a limited, revocable,  non-exclusive, non-transferable right and license to access and use the content made  available on the Peak Golf and Performance LLC Service for your personal, non commercial use of the Peak Golf and Performance LLC Service and for no other purpose  whatsoever. Unless otherwise specified, copying or modifying any content or using  content for any purpose other than your personal, non-commercial use of the Peak Golf and

Performance LLC Service, including use of any such content on any other website or  networked computer environment, is strictly prohibited. 

The Peak Golf and Performance LLC name, logos and affiliated properties, designs and  marks are the exclusive property of Peak Golf and Performance LLC. and/or its affiliates,  whether registered or unregistered, and may not be used in connection with any product  or service that is not ours, or in any manner that is likely to cause confusion as to our  endorsement, affiliation or sponsorship of any person, product or service. Nothing  contained on the Peak Golf and Performance LLC Service should be construed as granting,  by implication, estoppel or otherwise, any license or right to use any of our trade names,  trademarks or other intellectual property without our express prior written consent. 

Any other trademarks appearing on the Peak Golf and Performance LLC Service are  trademarks of their respective owners. Our partners or service providers may also have  additional proprietary rights in the content that they make available through the Peak  Level Performance LLC Service. All rights not expressly granted in these Terms are  reserved. 

• 17. Copyright / DMCA Policy 

Peak Golf and Performance LLC respects the intellectual property of others, and we ask  our users to do the same. Each user is responsible for ensuring that their User Content  does not infringe any third party copyright or other intellectual property rights. If properly notified that any materials infringe a third party’s copyright, Peak Golf and Performance LLC will promptly remove such materials from the Peak Golf and Performance LLC Site in accordance with the U.S. Digital Millennium Copyright Act  (“DMCA”), the U.K. Copyright Designs and Patents Act 1988 (“CDPA”), the U.K.  Digital Economy Act 2010 (“DEA”), or equivalent laws which are applicable in other  jurisdictions. In addition, Peak Golf and Performance LLC may, when appropriate,  terminate the accounts of repeat copyright infringers. 

Filing a DMCA, CDPA or DEA Notice (or equivalent legal notice), to Remove  Copyrighted Content - for Copyright Holders: 

If you believe that your work has been copied in a way that constitutes copyright  infringement, please provide us with a written notice containing the following  information: 

1. Your name, address, telephone number, and email address. 

2. A description of the copyrighted work that you claim has been infringed. 3. A description of where on the Peak Golf and Performance LLC Site the material that  you claim is infringing may be found, sufficient for Peak Golf and Performance LLC to locate the material (e.g., the URL). 

4. A statement that you have a good faith belief that the use of the copyrighted work  is not authorized by the copyright owner, its agent, or the law. 

5. A statement by you UNDER PENALTY OF PERJURY that the information in  your notice is accurate and that you are the copyright owner or authorized to act  on the copyright owner’s behalf.

6. Your electronic or physical signature. 

You may submit this information, or any counternotice, via: 

• Email, with the subject line “Copyright Notices” to: 

rmilford@peaklevelperformance.com 

• Offline: 

Peak Golf and Performance LLC 

170 Kirkwood Drive 

Aiken, SC 29803 

Attn: Copyright Agent 

Peak Golf and Performance LLC may disclose any communications concerning DMCA,  CPDA, DEA or other applicable copyright notices or other intellectual property  complaints with third parties, including the users who have posted the allegedly  infringing material. 

If you have questions about the legal requirements of a DMCA notice, please contact  an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3),  for more information. If you have questions about the legal requirements of a DMCA  counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S.  Copyright Act, 17 U.S.C. § 512(g)(3), for more information. 

If you have questions about the legal requirements of a CPDA, DEA or other applicable  copyright notice, you should consult a legal advisor such as a solicitor and obtain  professional legal advice and/or representation. 

• 18. ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS MAY AFFECT YOUR LEGAL RIGHTS.  APPLICABLE TO THE FULL EXTENT PERMITTED BY LAW. a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or  controversy arising out of or relating to these Terms or the breach, termination,  enforcement, interpretation or validity thereof or the use of the Services or Content  (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Peak Golf and Performance LLC agree that the U.S. Federal Arbitration Act (or equivalent laws in the  jurisdiction in which the Peak Golf and Performance LLC entity that you have contracted  with is incorporated) governs the interpretation and enforcement of these Terms and  that you and Peak Golf and Performance LLC are each waiving the right to a trial by jury  or to participate in a class action. This arbitration provision shall survive termination of  these Terms. 

b) Exceptions and Opt-out. As limited exceptions to Section 18(a) above: (i) you may  seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the  right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the  infringement or misappropriation of our intellectual property rights. In addition, you 

will retain the right to opt out of arbitration entirely and litigate any Dispute if you  provide us with written notice of your desire to do so by regular mail sent to the attention 

of Peak Golf and Performance LLC’s Legal Department at the Peak Golf andPerformance  LLC address set out below within thirty (30) days following the date you first agree to  these Terms. 

c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by  the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules  (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules  are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start  arbitration must submit a written Demand for Arbitration to AAA and give notice to the  other party as specified in the AAA Rules. The AAA provides a form Demand for  Arbitration at www.adr.org. 

If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will  be conducted solely on the basis of documents submitted to the arbitrator, through a  telephonic or video-conference hearing, or by an in-person hearing as established by  the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be  determined by the AAA Rules. Any arbitration hearings will take place in the county  (or parish) where you live, unless we both agree to a different location. The parties  agree that the arbitrator shall have exclusive authority to decide all issues relating to the  interpretation, applicability, enforceability and scope of this arbitration agreement. 

d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be  governed by the AAA Rules. Peak Golf and Performance LLC will pay for all filing,  administration and arbitrator fees and expenses if your Dispute is for less than U.S.  $10,000, unless the arbitrator finds your Dispute to be frivolous. If we prevail in  arbitration, we will pay all of our attorneys’ fees and costs and won’t seek to recover  them from you. If you prevail in arbitration you will be entitled to an award of attorneys’  fees and expenses to the extent provided under applicable law. 

e) Class Action Waiver. YOU AND Peak Golf andPERFORMANCE LLC AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the  

parties’ dispute is resolved through arbitration, the arbitrator may not consolidate  another person’s claims with your claims and may not otherwise preside over any form  of a representative or class proceeding. If this specific provision is found to be  unenforceable, then the entirety of this Section 18 shall be null and void. 

f) Effect of Changes on Arbitration. Notwithstanding the provisions of Section 25  “Modification”, if Peak Golf and Performance LLC changes any of the terms of this  Section 18 after the date you first accepted these Terms (or accepted any subsequent  changes to these Terms), you may reject any such change by sending us written notice  within 30 days of the date such change became effective, as indicated in the “Last  Updated” date above or the date of Peak Golf and Performance LLC’s email to you  notifying you of such change. By rejecting any change, you are agreeing that you will  arbitrate any Dispute between you and Peak Golf and Performance LLC in accordance 

with the terms of this Section 18 as of the date you first accepted these Terms (or  accepted any subsequent changes to these Terms). 

g) Severability. With the exception of any of the provisions in Section 18(e) above, if  an arbitrator or court of competent jurisdiction decides that any part of these Terms is  invalid or unenforceable, the other parts of these Terms will still apply. • 19. Contracting Entities, Governing Law and Jurisdiction 

Residents of the United Kingdom and Europe are contracting with Peak Golf and Performance LLC Interactive UK Ltd for the Peak Golf and Performance LLC Service.  All other users are contracting with Peak Golf and Performance LLC unless otherwise  specified in these Terms. 

If your contract for the Peak Golf and Performance LLC Service is with Peak Golf and Performance, these Terms shall be governed by the laws of the State of South Carolina,  United States of America, without regard to principles of conflicts of law. If your  contract for the Peak Golf and Performance LLC Service is with another Peak Golf and Performance LLC entity, these terms shall be governed by the laws of the jurisdiction  under which that Peak Golf and Performance LLC entity is incorporated, without regard  to principles of conflicts of law. The Uniform Commercial Code, the Uniform  Computer Information Transaction Act, and the United Nations Convention of Controls  for International Sale of Goods shall not apply. 

Subject to the agreements in Section 18 above, (i) if your contract for the Peak Golf and Performance LLC Service is with Peak Golf and Performance LLC, exclusive jurisdiction  for all Disputes that are not required to be arbitrated will be the state and federal courts  located in Aiken, South Carolina, United States of America, and you consent to the  jurisdiction of those courts, and (ii) if your contract for the Peak Golf andPerformance  LLC Service is with another Peak Golf and Performance LLC entity, exclusive jurisdiction  for all Disputes that are not required to be arbitrated will be the courts located in the  jurisdiction under which that Peak Golf and Performance LLC entity is incorporated, and  you consent to the jurisdiction of those courts. 

• 20. Interpretation; Severability; Waiver; Remedies 

Headings are for convenience only and shall not be used to construe these Terms. If any  term of these Terms is found invalid or unenforceable by any court of competent  jurisdiction, that term will be severed from these Terms. No failure or delay by Peak  Level Performance LLC in exercising any right hereunder will waive any further  exercise of that right. The waiver of any such right or provision will be effective only  if in writing and signed by a duly authorized representative of Peak Golf andPerformance  LLC. Peak Golf and Performance LLC’s rights and remedies hereunder are cumulative and  not exclusive. 

• 21. Successors; Assignment; No Third Party Beneficiaries 

These Terms are binding upon and will inure to the benefit of both parties and their  respective successors, heirs, executors, administrators, personal representatives, and  permitted assigns. You may not assign or transfer these Terms without Peak Golf and

Performance LLC’s prior written consent. Peak Golf and Performance LLC may assign its  rights, obligations and/or these Terms at any time in its sole discretion without notice  to you. 

• 22. Notices 

You consent to receive all communications including notices, agreements, disclosures,  or other information from Peak Golf and Performance LLC electronically. Peak Golf and Performance LLC may communicate by email or by posting to the Peak Golf and Performance LLC Service. For support-related inquiries, you may email support. For  all other notices to Peak Golf and Performance LLC, write to the following addresses: 

Peak Golf and Performance LLC 

331 Footbridge Road

Saint Johns, FL 32259

Nothing in these Terms or otherwise limits Peak Golf and Performance LLC’s right to  object to subpoenas, claims, or other demands. 

• 23. Modification 

We may update these Terms at any time, in our sole discretion. If we do so, we’ll let  you know by, at a minimum, posting the updated Terms (as indicated by a revised “Last  Updated” date at the top of this page) on the Peak Golf and Performance LLC Site and/or through the Peak Golf and Performance LLC Service. Modifications will be effective on  the date that they are posted to the Peak Golf and Performance LLC Site. It’s important  that you review the Terms whenever we update them before you use the Peak Golf and Performance LLC Service. If you continue to use the Peak Golf and Performance LLC 

Service after we have posted updated Terms, you are agreeing to be bound by the  updated Terms. If you don’t agree to be bound by the updated Terms, then, except as  otherwise provided in Section 18(f) “Effect of Changes on Arbitration,” you may not  use the Peak Golf and Performance LLC Service anymore. Because the Peak Golf and Performance LLC Service is evolving over time we may change or discontinue all or  any part of the Peak Golf and Performance LLC Service, at any time and without notice,  at our sole discretion. 

• 24. Entire Agreement 

These Terms incorporate the following legal documents by reference, as well as any  other policies or procedures referenced herein that are posted to the Peak Golf and Performance LLC Site from time to time: 

• Privacy Policy  

• Membership Terms 

In the event of a conflict between any policies posted on the Peak Golf and Performance  LLC Service and these Terms, these Terms will control. These Terms represents the  entire understanding between Peak Golf and Performance LLC and you regarding the Peak  Level Performance LLC Service or Content and supersede all prior agreements and  understandings regarding the same. If any provision of these Terms is held invalid or 

unenforceable by an arbitrator or a court of competent jurisdiction, that provision will  be enforced to the maximum extent permissible and the other provisions of these Terms  will remain in full force and effect. 

• 25. Force Majeure 

Neither Party shall be liable for any failure or delay in performance under these terms  (other than for delay in the payment of money due and payable in accordance with these  terms) for causes beyond the party’s reasonable control and not caused by that party’s  fault, or negligence, including, but not limited to, “acts of God”, acts of government,  flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks  or malicious acts, such as attacks on or through the internet, any internet service  provider, telecommunications or hosting facility, but in each case, only if and to the  extent that the non-performing Party is without fault in causing such failure or delay,  and the failure or delay could not have been prevented by reasonable precautions and  measures and cannot reasonably be circumvented by the non-conforming Party through  the use of alternate sources, workaround plans, disaster recovery, business continuity  measures or other means. Dates by which performance obligations are scheduled to be  met will be extended for a period of time equal to the time lost due to any delay so  caused.

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