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Terms of Service

1. Acceptance of the Terms of Service

These terms of service are entered into by and between you and CCR Enterprises LLC (“Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of chrisryanfitness.com (the “Website”), including any content, functionality, and services offered on or through the Website and any mobile applications to which these Terms of Use are posted (collectively, the “Services”), whether as a guest or a registered user.

If the user engages with the Services under authority from a different party or on another party’s behalf, then “you” (and its variants, including “your”) as used herein refers to that person on whose behalf the Services are used (e.g., an employer or customer of yours). If the person engaging with our Services is an individual, acting in their own individual capacity, then “you” refers to that individual. If you have anyone using the Services on your behalf, you agree that you are responsible for the actions and inactions of all such persons, as they were your own.

Please read the Terms of Service carefully before you start to use the Services. By using the Services, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Services.

The Services are offered and available to users who are 18 years of age or older, and who are not Restricted Persons (as defined herein). By using the Services, you represent and warrant that you are of legal age to form a binding contract with Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use any part of the Services.

2. The Services

The Services may include online media, audiovisual and written content, video streaming services, community forums, subscription services, user interfaces, our own and third-party software, websites, and applications, and/or other features and functionalities relating to fitness, health, and wellness. Company reserves the right to modify all or part of the Services at any time, in its sole discretion.

3. Changes to the Terms of Service

The Company shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms of Service without notice or liability to you. Any changes to these Terms of Service shall be effective immediately following the posting of such changes. You agree to review these Terms of Service from time to time and agree that any subsequent use by you of the Services following changes to these Terms of Service shall constitute your acceptance of all such changes.

4. Access to and Use of the Services

THE SERVICES ARE NOT OFFERED TO PERSONS OR ENTITIES WHO RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE OR PLACE OF BUSINESS IN ANY RESTRICTED JURISDICTION OR COUNTRY SUBJECT TO ANY SANCTIONS OR RESTRICTIONS PURSUANT TO ANY APPLICABLE LAW, INCLUDING (1) ALGERIA, BANGLADESH, BOLIVIA, BELARUS, THE CRIMEA REGION, CUBA, DONETSK,THE DEMOCRATIC REPUBLIC OF CONGO, EGYPT, IRAN, IRAQ, IVORY COAST, LIBERIA, LIBYA, LUHANSK, MALI, MOROCCO, MYANMAR (BURMA), NEPAL, NORTH KOREA, OMAN, QATAR, SOMALIA, SUDAN, SYRIA, TUNISIA, VENEZUELA, YEMEN, ZIMBABWE, (2) ANY OTHER COUNTRY TO WHICH THE UNITED STATES, THE UNITED KINGDOM, THE EUROPEAN UNION OR ANY OTHER JURISDICTION EMBARGOES GOODS OR IMPOSES SIMILAR SANCTIONS, OR (3) ANY JURISDICTIONS IN WHICH THE SERVICES ARE PROHIBITED OR RESTRICTED IN ANY FORM OR MANNER (COLLECTIVELY, THE “RESTRICTED JURISDICTIONS” AND EACH A “RESTRICTED JURISDICTION”) OR ANY PERSON OWNED, CONTROLLED, LOCATED IN OR ORGANIZED UNDER THE LAWS OF ANY RESTRICTED JURISDICTION OR AFFILIATED WITH ANY SUCH PERSON (COLLECTIVELY, “RESTRICTED PERSONS”). THERE ARE NO EXCEPTIONS. IF YOU ARE A RESTRICTED PERSON, THEN DO NOT USE OR ATTEMPT TO USE THE SERVICES. USE OF ANY TECHNOLOGY OR MECHANISM, SUCH AS A VIRTUAL PRIVATE NETWORK (“VPN”), TO CIRCUMVENT OR ATTEMPT TO CIRCUMVENT THE RESTRICTIONS SET FORTH HEREIN IS STRICTLY PROHIBITED.

BY USING THE SERVICES, YOU REPRESENT THAT (1) YOU ARE NOT A RESTRICTED PERSON; AND (2) YOU (INCLUDING, IF APPLICABLE, YOUR INDIVIDUAL OWNERS, REPRESENTATIVES, EMPLOYEES, OR ANY OTHER PERSON WITH ACCESS TO YOUR ACCOUNT) WILL NOT COORDINATE, CONDUCT OR CONTROL (INCLUDING BY, IN SUBSTANCE OR EFFECT, MAKING DECISIONS WITH RESPECT TO) YOUR USE OF THE SERVICES FROM WITHIN ANY RESTRICTED JURISDICTION.

The Company is based in the United States and makes no claims that the Services may be lawfully accessed outside of the United States. Access to the Services may not be legal by certain persons or in certain states or certain countries, or may require government authorization or registration. When you access the Services you are solely responsible for compliance with the laws and regulations of your jurisdiction.

5. Purchase and Refund Terms

Our Services are offered on a subscription basis. Once you sign up, you will be charged automatically for every month thereafter, unless we receive your notice of termination in time before the next charge is made. If your credit card changes, please be sure to update us, or we may be unable to process your next payment, and your subscription will then be canceled.

All payments are in U.S. Dollars. You will be responsible for any charges your bank imposes based on currency exchange or transfers to the United States.

The price for our Services is set forth on our Website, and may change from time to time without notice to you.

All fees are non-refundable. If you think that there are special circumstances that justify a refund, you may contact us at chrisryanfitness@uscreen.support within thirty (30) days of the date on which you placed your order or we processed the applicable charge, and you must provide the information that our customer service team requests in order to evaluate your request, which we may grant or reject in our discretion. If we grant your request for a refund, we will return funds using the same method you used to pay the applicable charge.

6. Your Conduct

You may use the Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Services:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).

• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set forth in these Terms of Service.

• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.

• To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or user names associated with any of the foregoing).

• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Company or users of the Services or expose them to liability.

Additionally, you agree not to:

• Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.

• Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.

• Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.

• Use any device, software, or routine that interferes with the proper working of the Services.

• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.

• Copy, mirror or otherwise attempt to replicate or reproduce the Services.

• Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise attempt to interfere with the proper working of the Services.

Violations of system or network security or inappropriate conduct may result in civil or criminal liability. Company will investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement entities in prosecuting users who are involved in such violations.

7. User Contributions

The Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, information about or provided through the Services, and other features that allow users to communicate with each other (collectively, “Communication Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Services.

All User Contributions must comply with the Content Standards set out in these Terms of Service.

Any User Contribution that a user posts on or through the Services will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, the user hereby grants us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

The user represents and warrants that:

• The user owns or controls all rights in and to the User Contributions and has the right to grant the licenses granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

• All of the user’s User Contributions do and will comply with these Terms of Service.

The user understands and acknowledges that the user is responsible for any User Contributions the user submits or contributes, and the user, not Company, has full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by the user or any other user (including without limitation those derived from submissions to the Services). Further, the user acknowledges and agrees that the Company is not responsible for any claims, injuries, damages, liability, or other harms it endures due to its interactions or actions taken as a result of any User Contribution.

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for Company.

• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

• Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Service.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

8. Content Standards

These “Content Standards” apply to any and all User Contributions and use of Communication Services. User Contributions must in their entirety comply with all applicable laws. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of Company or any other person.

• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or that otherwise may be in conflict with these Terms of Service and our Privacy Policy.

• Solicit the purchase of any good or service (including, without limitation, those related to fitness and wellness).

• Be likely to deceive, defraud, or unduly manipulate any person.

• Promote any illegal activity, or advocate, promote, or assist any unlawful act.

• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
  

9. User Information; Communications

You are solely responsible for the information you input or upload to the Services, and you warrant and represent that you have the right and authorization to register for the Services and User Contributions. Company reserves the right in its sole discretion to decide whether the information you input or upload is appropriate and complies with the Terms of Service, other Company policies, and applicable laws and regulations.

If you register for the Services, you will be asked to provide certain information including a valid email address. You warrant and represent that all such information is current and accurate, and will be kept up-to-date.

Your privacy rights are set forth in our Privacy Policy.

By using the Services you consent to receive electronic communications from the Company and to use your information consistent with our Privacy Policy. These communications may include emails about your account, password and other credentials, access to the Services, marketing, payments, transactional and other information related to the Services and to your account

Company reserves the right to offer Company or third-party services and products to you based on the preferences that you identify in your registration and at any time thereafter. If you wish to learn more about such marketing communications and your options with respect to such communications, please consult our Privacy Policy.

10. Username/Password/Security

You are responsible for maintaining the confidentiality of your information as it relates to the Services, including your username and password, and are responsible for all uses of your username and password whether or not authorized by you. We strongly recommend logging out of the Services at the end of each session.

You agree to immediately notify the Company of any unauthorized use of your username and password.

11. Use of the Services – Licenses, Subscriptions and Purchases

Each user is solely responsible for deciding whether the Services offered are suitable for their own purposes and whether the Services match their needs.

Subject to your compliance with these Terms of Service and payment of all applicable fees, the Company grants you a limited, non-exclusive, non-transferrable, personal, non-sublicensable, revocable right and license to access and use the Services for your own personal and non-commercial purposes. This includes rights to view content on Company’s website and applications.

The Services may allow you to access digital content on a pay-per-view, subscription, rental, or purchase basis. The Company makes no guarantee as to the availability of a specific payment plan. The basis on which you access such digital content will be indicated on the product detail page through which you may purchase the digital content.

If you elect to access any component of the Services for which there is a fee, you agree to pay all fees and charges associated with your account within the timeframe specified by us. All such fees and charges (including any taxes and late fees, as applicable) will be charged to your credit card on file, and you hereby authorize us and/or our service providers to automatically charge such fees to your credit card once they become due. Receipts are sent to the email address that you have provided to us.

If you purchase any subscriptions, your subscription(s) will continue in effect unless and until you cancel your subscription or we terminate it. You must cancel your subscription according to the terms of that specific plan prior to the next charge, in order to avoid your credit card being charged for such subscriptions.

You must maintain valid credit card information on your account, when applicable. You can update or change your credit card information at any time by logging into your video library, and clicking the “settings” tab under your username.

The licenses granted hereunder are valid until the Services are terminated by you or by Company in our sole discretion, whichever is earlier. Your licenses hereunder will terminate automatically and without notice if you violate these Terms of Service. Upon termination for any reason, you shall cease all use of the Services and permanently delete all versions of the Services in your possession or within your control.

12. User Feedback

You acknowledge and agree that we may use any comments, suggestions, or other feedback (collectively “Feedback”) that you submit for any purpose, including for our own commercial purposes and to develop new or enhanced products and services, without any compensation, attribution, or royalties due to you. Any Feedback will be treated in a non-confidential manner and Company shall not be liable for any use or disclosure of the Feedback. You hereby assign to Company all right, title and interest in and to the Feedback that you submit, including all intellectual property rights therein.

You represent and warrant that you own or control all rights in and to any Feedback that you submit and you have the right to grant the rights granted above to us.

13. Intellectual Property Rights and Trademarks

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You agree that the Services, including the specific design and structure, constitute proprietary and confidential information, trade secrets and/or intellectual property of the Company. You agree not to disclose, provide, or otherwise make available such proprietary and confidential information, trade secrets or copyrighted material in any form to any third party, or use the proprietary and confidential information, trade secrets or copyrighted material for your own commercial benefit or for the benefit of any third party.

These Terms of Service permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

• You may store files that are automatically cached by your web browser for display enhancement purposes.

• You may print or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

• If we provide social media features (including Facebook, Instagram, and YouTube) with certain content, you may take such actions as are enabled by such features. If you use such social media features, you are solely responsible for complying with all applicable social media platform terms and conditions.

You must not:

• Modify copies of any materials from the Services.

• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.

You must not access or use for any commercial purposes any part of the Services or materials available thereon.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Service, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Company. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

Company’s name, Company’s logos, and all related names, logos, product and service names, designs, and slogans are trademarks of Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

14. Copyright Policy

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

• Your physical or electronic signature.

• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works.

• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

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

• A statement that the information in the written notice is accurate.

• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated “Copyright Agent” to receive DMCA Notices is:

Chris Ryan

CCR Enterprises LLC

119 Pondfield Rd Suite 999

Bronxville, NY 10708

chris@chrisryanfitness.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

15. Reliance on Information Posted; Changes to the Services

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

This Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

We may update the content on the Services from time to time, but their content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material

16. Risks of Physical Activities

If you engage in any activities relating to physical fitness, performance training, exercise, health, nutrition, and/or wellness in connection with the Services (collectively, “Physical Activities”), you are voluntarily participating in such instruction and training entirely at your own risk.

You acknowledge and agree that such Physical Activities may cause illness, injury, or death to yourself or to others, or damage to property. By engaging in any such Physical Activities, you assume the responsibilities and risks resulting from your participation, including all risk of illness, injury, or death to you or to others, or damage to property. You agree to comply with all rules and conditions of participating in Physical Activities, and with all instructions that may be given by our instructors or trainers. You further acknowledge and understand that you will be responsible for any and all medical, repair, and related bills that may be incurred by you for any illness, injury, or property damage sustained in connection with your participation in the Physical Activities.

17. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.

COMPANY DOES NOT WARRANT THAT THE SERVICES WILL MEET USER REQUIREMENTS, NEEDS OR EXPECTATIONS, OR ACHIEVE USER’S DESIRED RESULTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.

COMPANY MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES CONCERNING ANY PHYSICAL ACTIVITIES, NOR ANY PHYSICAL FITNESS, HEALTH, NUTRITION, AND/OR PERFORMANCE TRAINING GOALS, RESULTS, OR MILESTONES.

THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SERVICES, USER CONTRIBUTIONS, THIRD-PARTY LINKS OR MATERIALS, OR ANY OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES. COMPANY MAKES NO GUARANTEES AS TO THE RESOLUTION, SPEED, AND QUALITY OF STREAMING CONTENT RELATING TO THE SERVICES.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE LINKED TO THEM.

COMPANY TAKES NO RESPONSIBILITY WHATSOEVER FOR THE INFORMATION YOU HAVE UPLOADED TO THE SERVICES AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, DISCLOSURE, CORRECTION, DESTRUCTION, DAMAGE, OR LOSS OF SUCH INFORMATION, OR FAILURE TO STORE OR BACKUP ANY SUCH INFORMATION. COMPANY IS NOT RESPONSIBLE FOR LOSS OF INFORMATION THROUGH THE ACTION OR INACTION OF ANY THIRD PARTY. ALL USERS ARE SOLELY RESPONSIBLE FOR BACKING UP THEIR OWN

INFORMATION.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, USER UNDERSTANDS AND AGREES THAT NEITHER COMPANY NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, REPRESENTATIVES, CONTRACTORS OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM USE OF THE SERVICES, ENGAGING IN PHYSICAL ACTIVITIES (INCLUDING, WITHOUT LIMITATION, ANY INJURIES RESULTING FROM OR RELATED TO THE PREMISES OR SPACE WHERE THE SERVICES ARE OFFERED OR MAY BE UTILIZED, OR ANY EQUIPMENT AT SUCH PREMISES OR SPACE), OR FROM ANY ACTIONS THE COMPANY TAKES OR FAILS TO TAKE. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA, BODILY INJURY, DEATH, DAMAGE TO PROPERTY, EMOTIONAL DISTRESS AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

COMPANY’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE AMOUNT, IF ANY, PAID BY THE USER FOR THE SERVICES IN THE THREE (3) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

19. Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND PARTNERS, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, ACTION, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ARISING FROM OR RELATING TO (I) YOUR USE OF THE SERVICES; (II) ANY USER CONTRIBUTIONS OR COMMUNICATION SERVICES; OR (III) YOUR BREACH OF THESE TERMS SERVICE. COMPANY SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING AND MAY ELECT TO ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING. COMPANY RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION.

20. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

21. Governing Law, Jurisdiction, and Arbitration

All matters relating to the Services and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

At Company’s sole discretion, it may require you to submit any disputes arising under these Terms of Service, or in connection with your use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law. Such arbitration will take place in New York, New York, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country.

IF COMPANY ELECTS TO PURSUE ARBITRATION AS SET FORTH HEREIN, ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THESE TERMS OF SERVICE, OUR SERVICES (OR ANY PORTION OR ALL OF THE FOREGOING), INCLUDING THE BREACH, TERMINATION OR VALIDITY OF THESE TERMS, SHALL BE FINALLY RESOLVED BY ARBITRATION. THE TRIBUNAL SHALL HAVE THE POWER TO RULE ON ANY CHALLENGE TO ITS OWN JURISDICTION OR TO THE VALIDITY OR ENFORCEABILITY OF ANY PORTION OF THE AGREEMENT TO ARBITRATE. THE PARTIES AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS AGREEMENT DOES NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. THE ARBITRAL TRIBUNAL MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

22. Waiver and Severability

No waiver of by Company of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

23. Entire Agreement

The Terms of Service, our Privacy Policy, any other terms which we may make available to you from time to time, and any updates to the foregoing constitute the sole and entire agreement between you and CCR Enterprises LLC regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

24. Relationship of the Parties; No Third-Party Beneficiaries.

Nothing in these Terms of Service is intended to create or will be construed as creating a joint venture, partnership, employer/employee or principal and agent relationship between users and Company.

Except as expressly specified herein, these Terms of Service shall create rights and obligations only between Company and each individual user and it does not create any rights for any other parties.

25. Assignment

You may not assign these Terms of Service or any of your rights or obligations hereunder. Company may assign these Terms of Service, in whole or in part, to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Company's assets or stock, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding.

26. Your Comments and Concerns

The Services are made available by CCR Enterprises LLC 119 Pondfield Rd Suite 999 Bronxville, NY 10708.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.

All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: chrisryanfitness@uscreen.support.