RBL Remote Terms & Conditions

Last Modified: March 2020

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

BY USING THIS WEBSITE OR BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH [THE REBEL WORKOUT], OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

You acknowledge and agree that these Terms of Use are supported by good and valuable consideration including but not limited to permitting your use of the Website and receipt of data and information. The Website is intended for users from the United States only. Users from the European Union or outside of the United States are advised not to disclose personal information to Company.

Acceptance of the Terms of Uses

These terms of use are entered into by and between you and [THE REBEL WORKOUT] (“Company,” “we,” or “us“). The following terms and conditions (“Terms of Use“), apply to the purchase and sale of products and services through [www.RBLREMOTE.com] and any related mobile application or through any third party app store and govern your access to and use thereof, including any content, functionality, and services offered on or through such sites or application (the “Website“), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. If you do not want to agree to these Terms of Use, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Health and Nutrition Information

INFORMATION AND STATEMENTS REGARDING OUR PRODUCTS, SERVICES OR OTHER HEALTH OR NUTRITION INFORMATION HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY AND ALL HEALTH, MEDICAL AND NUTRITION INFORMATION PROVIDED ON THE WEBSITE, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY THE COMPANY OR BY OTHER USERS OR THIRD PARTIES, IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (i) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (ii) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (iii) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. PLEASE CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER IF YOU HAVE HEALTH-RELATED QUESTIONS BEFORE USING ANY OF OUR PRODUCTS OR RELYING ON ANY INFORMATION YOU OBTAIN ON THE WEBSITE. SHOULD YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY.

YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON OR VIA THE WEBSITE AND YOU SHOULD NOT USE THE WEBSITE OR ANY CONTENT AVAILABLE THROUGH OR VIA THE WEBSITE FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF ANY CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND THE COMPANY, ITS AFFILIATES OR ANY THIRD PARTY.

Accessing the Website and Account Security

We reserve the right to withdraw or amend the Website and any portion thereof, and any products, service, or materials we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

To use some of the services or features made available to you on the Website, you will need to create an account. When you register for an account you are required to provide information about yourself that is true, accurate, current and complete in all respects, including your name, address, phone number, and e-mail address. Users who have created an account are able to see and manage their account through the “Account” part of the Website after site login. Should any of your

registration information change, please update your account information or notify us immediately at the following e-mail address RBL@therebelworkout.com. We also reserve the right to change the registration requirements from time to time

If you choose, or are provided with, a user name, password, or any other piece of information as part of our registration and security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Company shall not have any liability for any information submitted by a third party user whether or not authorized to use or access your account. Your use of your account or any content/information therefrom is at your own risk, and Company makes no representation or warranty related to the accuracy or safety thereof. Company specifically disclaims any and all liability in connection with your account. Your submission of personal information through the Sites and use by Company thereof is governed by Company’s privacy policy.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Device Requirements

To enjoy the Website via your smartphone or other device, your device must satisfy certain system requirements. These requirements can be found on the Website and the applicable Patreon, Google, Apple and Android marketplaces.

Eligibility to Purchase Products and Services

In order to make purchases on the Website, you must be 18 years of age or older, be lawfully able to enter into and form contracts on the Internet in accordance with the laws of the State of New York and have a shipping address within the United States, any US Territory or an APO/FPO address with a US zip code. At the present time we do not ship internationally.

In order to make purchases on the Website you will be required to provide payment details that you represent and warrant are both valid and correct and confirm that you are the person referred to in the “Billing” information provided. In order to make purchases on the Website you will also need to have been issued a valid credit/debit card by a bank acceptable to the Company, and have authorized the Company to process a charge or charges on your credit/debit card in the amount of the total purchase price for the product(s) or service(s) that you purchase. Products or services purchased by you must be for personal use or purchased as a gift and may not be re-sold or used for commercial purposes or for any other commercial benefit. In addition, The Rebel Workout reserves the right to restrict multiple quantities of a Product from being shipped to any one customer or postal address.

You agree that we may use personal information that you provide in order to conduct appropriate anti-fraud checks. Personal information that you provide may also be disclosed to a third-party credit reference or fraud prevention agency which may keep a record of that information. Please refer to our Privacy Policy for further information about how we use your personal information and data.

Order Acceptance and Cancellation

You agree that your order is an offer to buy, under these Terms of Use, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders at our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between the Company and you will not take place unless and until you have received your order confirmation email. Before the renewal date of your subscription you will be auto renewed for the following calendar year.

Subscription Terms

Month to Month: Your subscription begins as soon as your initial payment is processed. Your subscription will automatically renew each month without notice until you cancel. You authorize us to store your payment method(s) and to automatically charge your payment method(s) every month until you cancel. We will automatically charge you the then-current rate for your plan, plus applicable taxes, every month upon renewal until you cancel. We may change your plan’s rate each monthly renewal term, and we will notify you of any rate change with the option to cancel. If the applicable tax rate changes during your one-month term, we will accordingly adjust the tax-inclusive price for your plan on your next billing date. If your primary payment method fails, you authorize us to charge any other payment method in your account. If you have not provided us a backup payment method(s) and you fail to provide payment, or if all payment methods in your account fail, we may suspend your subscription. You can edit your payment information anytime on the YOU section of the app page. You can cancel your subscription anytime via your Account page or by contacting RBL@therebelworkout.com. If you cancel, you will have access to the application until the end of your billing cycle and you will no longer be billed. If you cancel your annual or monthly subscription it will continue until the end of that month’s billing period.

Annual: Your subscription begins as soon as your initial payment is processed. You will be charged, in one lump sum, the annual rate stated at the time of purchase, plus applicable taxes. Your subscription will automatically renew on your annual renewal date until you cancel. You authorize us to store your payment method(s) and to automatically charge your payment method(s) every year until you cancel. We will automatically charge you the then-current rate for your plan, plus applicable taxes, every year upon renewal until you cancel. We may change your plan’s rate each annual renewal term, and we will notify you of any rate change with the option to cancel. If the applicable tax rate changes during your one-year term, we will accordingly adjust the tax-inclusive price for your plan mid-term on your next billing date. If your primary payment method fails, you authorize us to charge any other payment method in your account. If you have not provided us a backup payment method(s) and you fail to provide payment, or if all payment methods in your account fail, we may suspend your subscription. You can edit your payment information anytime on your Account page. You can cancel your subscription anytime via your Account page or by contacting RBL@therebelworkout.com. Your payment is non-refundable, and your service will continue until the end of your contracted term.

Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, you may cancel your subscription by cancelling automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify. If you purchase a subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play.

Prices and Payment Terms

All prices posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling.

All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email.

Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

Intellectual Property Rights

This Website and its 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 the 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.

These Terms of Use permit you to use the Website 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 Website, 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 Website 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, noncommercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

· Modify copies of any materials from this Website

· Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website 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 Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, The Rebel Workout, RBL Remote, the RBL Remote logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the 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 this Website are the trademarks of their respective owners.

Copyright

All materials (including software and content whether downloaded or not) contained in the products are owned by the Company (or our affiliates and/or third party licensors, where applicable), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms of Use, and any other relevant terms and conditions provided to you without our prior written permission.

You acknowledge and agree that certain materials on or in the products are the property of third party licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions of Digital Millennium Copyright Act (DMCA) against you.

Audio or video content from the Website not explicitly indicated as downloadable may not be downloaded or copied from the products or services or any device.

The products and services are not intended for your commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. You must not use any part of the materials used in or on the products for commercial purposes without obtaining a written license to do so from us. Material from the products may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the products and may subject you to legal liability. You agree not to use the products for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the products. Appropriate legal action may be taken for any illegal or unauthorized use of the products or services.

Copyright Complaints

Company respects the intellectual property of others and has adopted and implemented a policy that provides for the reporting of any materials, which you believe infringes your copyright. In the event you have a good faith belief that your work has been copied or that any materials infringe your copyrights, please provide Company’s copyright agent listed below with the following information in writing:

· Identification and description of the infringing material or activity along with information sufficient to identify the location on the Website of such material or activity;

· Identification and description of the copyrighted work that you claim has been infringed;

· Your name, address, telephone number and email address;

· A statement by you that you have a good faith belief that the use in the manner complained of is not authorized by the copyright owner, its agent or the law;

· A statement made by you, under the penalty of perjury that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of the exclusive right which is being infringed; and

· An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright.

Company’s copyright agent for notice of claims of copyright infringement for the Website is as follows:

End User License

Subject to the terms of this license agreement (“License Agreement”), as set out in this section, and these other Terms of Use, and your payment of applicable subscription fees, the Company grants you a limited, non-exclusive, revocable license to stream, download and make personal non-commercial use of the products and services.

The products and services contain or embody copyrighted material, proprietary material or other intellectual property of the Company or its licensors. All right, title and ownership in the products and services remain with the Company or its licensors, as applicable. The rights to download and use the products and services are licensed to you and are not being sold to you, and you have no rights in them other than to use them in accordance with this License Agreement and our other Terms of Use.

You agree that you will not and you will not assist or permit any third party to:

Copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble the products or services in any way, or create derivative works of the products or services;

Use the products or services or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever;

Rent, lease, loan, make available to the public, sell or distribute the products or services in whole or in part;

Tamper with the products or services or circumvent any technology used by the Company or its licensors to protect any content accessible through the products or services;

Circumvent any territorial restrictions applied to the products or services; or

Use the products or services in a way that violates this License Agreement or the other Terms of Use.

You may not make the products or services available to the public. The products or services made available (in whole or in part) are owned by the Company or its licensors and your use of them must be in accordance with these Terms of Use.

Prohibited Uses

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

· 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 US 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 these Terms of Use.

· To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.

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

Additionally, you agree not to:

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

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

· Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

· Use any device, software, or routine that interferes with the proper working of the Website.

· 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 Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

· Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

· Otherwise attempt to interfere with the proper working of the Website.

Termination

We have the right to:

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

· Terminate or suspend your access to all or part of this Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully 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 Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.