Terms and Conditions

ACCEPTANCE OF TERMS OF USE AND CONDITIONS

FORE FITNESS PHYSICAL THERAPHY, P.C. (dba FORE FITNESS GOLF PERFORMANCE)

(together with our affiliates, partners, licensors, subsidiaries, and /or related companies, “FORE

FITNESS”, “we”, “us” or, “our”) provides an online subscription Physical Fitness Education and

related products, services, content and features through the FORE FITNESS website (“Site”), the

interface on the website, mobile applications and desktop applications and FORE FITNESS

controlled social media pages (including but not limited to Facebook, Instagram, Twitter)

(Collectively “FORE FITNESS Service”).

These terms and conditions are entered into by and between You and FORE FITNESS. The

following terms and conditions, together with any policies, notices, or guidelines which are

expressly incorporated by reference, govern your access to and use of the FORE FITNESS websites

(each, a “FORE FITNESS Site,” and, collectively the “FORE FITNESS Sites”), along with any

downloadable applications, services, content (as hereinafter defined), or interface provided by us,

FORE FITNESS-controlled social media pages (including Facebook, Instagram, and Twitter),

(individually, a “FORE FITNESS Service,” and collectively, the “FORE FITNESS Services”). Certain

FORE FITNESS Services may be subject to supplemental terms and conditions; your use of those

FORE FITNESS Services is subject to such additional terms and conditions, which are hereby

incorporated by reference.

BY SUBSCRIBING TO FORE FITNESS SITES OR FORE FITNESS SERVICES, OR BY USING,

VISITING, BROWSING THE FORE FITNESS SITES AND SERVICES IN ANY WAY, YOU AS A

USER ACCEPT THESE TERMS OF USE AND CONDITIONS (THE “AGREEMENT”), AGREE

TO BE BOUND BY THESE TERMS OF USE AND CONDITIONS, AND/OR ANY OTHER

POLICY REFERENCED HEREIN. IF YOU DO NOT WISH TO BE BOUND, YOU CAN NOT USE

OR ACCESS THE FORE FITNESS SITES AND FORE FITNESS SERVICES.

MODIFICATIONS TO TERMS OF USE AND CONDITIONS

We expressly reserve the right to change these Terms of Use and Conditions from time to time

without notice to you. You acknowledge and agree that it is your responsibility to review the FORE

FITNESS Sites and these Terms of Use and Conditions periodically and to familiarize yourself with

any modifications. Your continued use of a FORE FITNESS Site or Service after such modifications

will constitute acknowledgement and agreement to the modified Terms of Use and Conditions.

CHANGES TO SITES AND SERVICES ACCESS

We expressly reserve the right, in our sole discretion, to modify, discontinue, terminate, change,

suspend, or make improvements to any aspect of the FORE FITNESS Site or any products

available through or outside of the FORE FITNESS Site, temporarily or permanently, including the

availability of any features of the FORE FITNESS Site or access to any parts of the Site, at any time

with or without notice to you. You agree FORE FITNESS will not be liable to you or any third-

party. Any new features that alter, modify, augment, enhance, or otherwise impact FORE FITNESS

Services on the FORE FITNESS Sites shall also be subject to these Terms and Conditions.

You understand that temporary interruptions of FORE FITNESS Services available through the

FORE FITNESS Sites may occur as normal events and agree that we have no control over third-

party networks you may access during your use of the FORE FITNESS Sites. You agree that any

delay and disruption of any network transmissions are completely beyond our control and we will

not be liable for such.

LICENSE TO USE

Subject to your acceptance and compliance with these Terms of Use and Conditions, FORE

FITNESS grant you a non-exclusive, non-sublicensable, revocable, non-transferable, non-

assignable and limited personal license to use the FORE FITNESS Sites and the FORE FITNESS

Services for your own personal and non-commercial use. This limited license is personal to you

and allows you to view programs and contents available on the Site and Application. No FORE

FITNESS Site, or any portion of a FORE FITNESS Site, may be reproduced, duplicated, copied,

modified, sold, distributed, visited, or otherwise exploited for any commercial purpose without our

express written consent. Except as expressly set forth herein, these Terms of Use and Conditions

grant you no rights in or to our intellectual property. The license granted in this section is

conditioned on your compliance with these Terms of Use and Conditions. In the event that you

breach any provision of these Terms of Use and Conditions, your rights under this section will

immediately terminate.

INTELLECTUAL PROPERTY

The FORE FITNESS Sites and FORE FITNESS Services, including all information, data,

communications, software, photos, video, graphics, music, sounds, and other material that can be

viewed by users on the FORE FITNESS Sites, including message boards, chat, and other original

content (“Content”) are protected by laws, and are the sole property of FORE FITNESS or its

licensors. You are only permitted to use the Content as expressly authorized by us or the specific

Content provider. Subject to your compliance to this Agreement, you may download copies of

applications associated with the FORE FITNESS Service to devices you own or control for your

personal, non-commercial use of the FORE FITNESS Service. You may not copy, reproduce,

perform, display, modify, upload, post, or distribute any portion of any Content or information

from any FORE FITNESS Site in any form or by any means without prior written consent from us

or the specific Content provider, and you are solely responsible for obtaining consent before

reusing any copyrighted material that is available on an FORE FITNESS Site. Any unauthorized

use of Content appearing on a FORE FITNESS Site may violate copyright, trademark and other

applicable laws and could result in criminal or civil penalties. We do not warrant or represent that

your use of Content displayed on, or obtained through, a FORE FITNESS Site will not infringe the

rights of third-parties.

Nothing in these Terms of Use and Conditions grants you any right to use any trademark, service

mark, logo, and/or the name of FORE FITNESS.

AGE OF USERS AND SUBSCRIBERS

The FORE FITNESS Sites are intended for users who are at least eighteen (18) years old. Any use of

or access to the FORE FITNESS Sites or FORE FITNESS Services by anyone under eighteen (18)

years old without the express written consent of their parent or legal guardian is unauthorized,

unlicensed and in violation of these Terms of Use and Conditions. By using any FORE FITNESS

Site or Service, you represent and warrant that you are eighteen (18) or older, or that your parent or

guardian has registered you on such FORE FITNESS Site and has expressly given you consent and

that you and your parent/guardian agree to abide by these Terms of Use and Conditions.

Subject to the laws of your country of residence, children between Thirteen (13) and Seventeen (17)

years old may establish and utilize an account with parent or guardian approval provided we

receive the express written consent of such minor’s parent or legal guardian. Parent or guardian

hereby agree to these Terms of Use and Conditions on behalf of yourself and your Child, and you

understand and agree that you will be responsible for all uses of the account by your Child whether

or not such uses were authorized by you.

SUBSCRIPTION AND PRIVACY.

To obtain access to FORE FITNESS Services on the FORE FITNESS Sites, you will be required to

create an account and password that can be obtained by completing our online Subscription

Agreement. You are responsible to assure all information provided in the Subscription Agreement

is true and accurate and that you will maintain and update this information as required to keep it

current, complete, and accurate. Subscription is void where prohibited. Such Subscription allows

you to access to our live and on-demand classes, Content and features (“Subscription”)

You are solely responsible for maintaining the confidentiality of your password and account and

for any and all statements made and acts or omissions that occur through the use of your password

and account, whether or not permitted or authorized by you. Therefore, you but no one else are

responsible to ensure that others do not gain access to your password and account.

All information we obtain through your use of a FORE FITNESS Site, including without limitation,

your information provided in Subscription Agreement, will not be shared to any third parties.

THIRD-PARTY SITES AND INFORMATION

The FORE FITNESS Sites may contain links to third-party websites which supply certain goods,

services, or equipment not owned or controlled by us (“Third-Party Sites”). FORE FITNESS does

not control or endorse content from such Third-Party Sites and any access by you to Third-Party

Sites from a FORE FITNESS Site shall be entirely at your own risk. Links and access to these sites

are provided for your convenience only. When you leave a FORE FITNESS Site to access Third-

Party Sites you do so entirely at your own risk and subject to the terms and conditions for such

Third-Party Sites. We are not responsible or liable to you, or any third-party, for the content or

accuracy of any Third-Party Sites.

UNAUTHORIZED USE OF MATERIALS

Any communication or material that you transmit to a FORE FITNESS Site or to us, whether by

electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-

proprietary. While you retain all rights in such communications or material, you grant us and our

agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute,

display, perform, publish, translate, adapt, modify, and otherwise use such material for any

purpose regardless of the form or medium (now known or not currently known) in which it is used.

Please do not submit confidential or proprietary information to us unless we have mutually agreed

in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do

not submit them to us in any circumstance.

We respect the intellectual property of others, and we ask you to do the same. If you or any user of

a FORE FITNESS Site believes its copyright, trademark or other property rights have been

infringed by a posting on any FORE FITNESS Site, you or the user should provide us with a

written notice containing the following information:

- Your name, address, phone number, and email address

- Describe the copyrighted work that has been infringed

- Point out where on the Site the material you claim is infringing may be found

- Statement from you that you have a good faith belief that the use is not authorized by law,

owner or agent.

- Statement from you UNDER PENALTY OF PERJIURY that you provide accurate notice

and you are the copyright owner or act on behalf of the copyright owner

- Your signature whether electronically or physically

- Send your written information to us

Attn: Customer Service

Fore Fitness

16787 Beach Blvd., Huntington Beach

California, CA 92647

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we

may immediately remove the identified materials from our Site without liability to you or any other

party and that the claims of the complaining party and the party that originally posted the

materials will be referred to the United States Copyright Office for adjudication as provided in the

Digital Millennium Copyright Act.

MOBILE SERVICES AND COMMUNICATIONS

The FORE FITNESS Sites may include certain FORE FITNESS Services that are available via your

mobile phone, including without limitation (i) the ability to receive and reply to messages, and to

write comments using text messaging (“Mobile Texts”), (ii) the ability to browse the FORE

FITNESS Sites from your mobile phone (“Mobile Web”), and (iii) the ability to access certain FORE

FITNESS Services through a mobile application you have downloaded and installed on your

mobile phone, if applicable, (collectively the “Mobile Services”). We do not charge for these Mobile

Services, if any, it’s included in your subscription. However, your carrier’s normal messaging, data

and other rates and fees will still apply. You should check with your carrier to find out what plans

are available and how much they cost. In addition, downloading, installing, or using certain Mobile

Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with

all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile

Services are available for your mobile devices, and what restrictions, if any, may be applicable to

your use of such Mobile Services. By using the Mobile Services, you agree that we may

communicate with you regarding FORE FITNESS Services by SMS, MMS, text message or other

electronic means to your mobile device and that certain information about your usage of the

Mobile Services may be communicated to us. In the event you change or deactivate your mobile

telephone number, you agree to promptly update your account and Subscription Agreement to

ensure that messages are sent to the right person.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND SERVICES IS AT YOUR SOLE RISK.

YOU UNDERSTAND AND AGREE THAT ALL MATERIALS AND SERVICES ON THE FORE

FITNESS SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT

WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT

LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A

PARTICULAR PURPOSE, OR THE WARRANTIES OF TITLE OR NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE FORE

FITNESS SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE FORE FITNESS SERVICES

WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT

MAY BE OBTAINED FROM THE USE OF THE FORE FITNESS SERVICES WILL BE

EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS,

SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM AN FORE

FITNESS SITE FROM US, OUR AFFILIATES, OR THIRD-PARTIES WILL MEET YOUR

EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THE FORE FITNESS SITES COULD INCLUDE TECHNICAL OR OTHER ERRORS, MISTAKES,

OR INACCURACIES. WE CAN CHANGE AT ANY TIME, INCLUDING, BUT NOT LIMITED TO,

THE PRICES AND ANY FORE FITNESS SERVICES, WITHOUT NOTICE TO YOU. THE

SERVICES ON THE FORE FITNESS SITES MAY BE OUT OF DATE, AND WE MAKE NO

COMMITMENT TO UPDATE SUCH SERVICES.

THE USE OF FORE FITNESS SERVICES OR THE DOWNLOADING OR OTHER

ACQUISITION OF ANY CONTENT THROUGH ANY FORE FITNESS SITE IS DONE AT YOUR

OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE

SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF

DATA THAT RESULTS FROM SUCH ACTIVITIES.

WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR

IN CONNECTION WITH ANY FORE FITNESS SITE, AND YOU UNDERSTAND AND AGREE

THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY

WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES,

CONTENTS, OR INFORMATION AVAILABLE ON OR THROUGH ANY FORE FITNESS SITE

FROM A THIRD-PARTY IS PROVIDED SOLELY BY SUCH THIRD-PARTY, AND NOT BY US

OR ANY OTHER OF OUR AFFILIATES.

LIMITATIONS ON LIABILITY

WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND TERMS TO

THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT, INCLUDING WITHOUT

LIMITATION NEGLIGENCE, SHALL FORE FITNESS BE LIABLE TO YOU OR ANY THIRD-

PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION THOSE

RESULTING FROM LOSS OF USE, DATA OR PROFITS, GOODWILL, OR OTHER

INTANGIBLE LOSSES, HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY

ARISING IN CONNECTION WITH THE SITE, THE USE OR INABILITY TO USE THIS SITE,

THE USE OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE

SITE, THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE SITE,

UNAUTHORIZED ACCESS TO OR ALTERNATION OR LOSS OF YOUR TRNASMISSIONS OR

DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED, ERRORS, SYSTEM DOWN

TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE

INTERRUPTIONS, ANY TERMS AND CONDITIONS UNDER THIS AGREEMENT, WHETHER

OR NOT RESONABLY FORESEEABLE. FORE FITNESS’S TOTAL LIABILITY TO YOU FOR

ALL CLAIMS, IN THE AGGREGATE, WILL NOT EXCEED THE AMOUNT ACTUALLY PAID

BY YOU TO FORE FITNESS OVER THE LAST NINETY (90) DAYS PRECEDING THE DATE

YOUR FIRST CLAIM AROSE.

FORE FITNESS WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY

OBLIGATION UNDER THESE TERMS AND CONDITIONS IF SUCH FAILURE IS CAUSED BY THE

OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND ITS REASONABLE CONTROL,

INCLUDING WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES,

FIRE, FLOOD, ,WAR OR ACT OF GOD.

IF ANY PROVISION OF THESE LIABILITY LIMITATION SHALL BE UNLAWFUL, VOID OR

UNENFORCEABLE, THEN THAT PROVISION SHALL BE DEEMED SEVERABLE AND SHALL NOT

AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS. THESE

DISCLAIMERS AND EXCLUSIONS SHALL BE GOVERNED BY THE LAW OF THE UNITED

STATES OF AMERICA, STATE OF CALIFORNIA.

ASSUMPTION OF RISK

THE FORE FITNESS SITES ENCOURAGE USERS TO PARTICIPATE IN CERTAIN PHYSICAL

ACTIVITIES. BY USING A FORE FITNESS SITE AND/OR FORE FITNESS SERVICES, OR

PARTICIPATING IN SUCH ACTIVITIES, YOU ACKNOWLEDGE THAT YOU HAVE

CAREFULLY READ AND AGREED TO THESE TERMS. YOU FURTHER ACKNOWLEDGE

AND AGREE THAT YOU UNDERSTAND THE SAFETY HAZARDS, RISKS, DANGERS, AND

POTENTIAL FOR INJURY OR EVEN DEATH ASSOCIATED WITH ANY PHYSICAL OR

RECREATIONAL ACTIVITY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU ARE

IN GOOD HEALTH AND PHYSICALLY FIT TO PARTICIPATE IN THE ACTIVITIES MADE

AVAILABLE THROUGH THE FORE FITNESS SITES, THAT YOU HAVE NOT BEEN ADVISED

OF ANY ADVERSE HEALTH CONDITIONS BY A PHYSICIAN, MEDICAL PRACTITIONER, OR

OTHER HEALTH CARE PROVIDER, THAT YOU WILL NOT PARTICIPATE IN ANY OF THE

ACTIVITIES MADE AVAILABLE THROUGH ANY FORE FITNESS SITE OR SERVICE UNDER

THE INFLUENCE OF ALCOHOL, DRUGS, OR ANYTHING THAT COULD IMPAIR YOUR

ABILITY TO SAFELY ENGAGE IN THE ACTIVITIES, AND THAT YOU WILL ONLY USE FORE

FITNESS SERVICES IN ACCORDANCE WITH THEIR RECOMMENDED USES AND HEED

ANY WARNINGS ASSOCIATED WITH ALL FORE FITNESS SERVICES AND PRODUCTS. BY

USING THE FORE FITNESS SITES, THE FORE FITNESS SERVICES, OR PHYSICALLY

PARTICIPATING IN SUCH ACTIVITIES YOU AGREE TO ASSUME THE RISKS ASSOCIATED

WITH SUCH ACTIVITIES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU

FOREVER RELEASE, WAIVE AND DISCHARGE US, OWNERS, AGENTS,

REPRESENTATIVES, OFFICERS, SHAREHOLDERS, AND EMPLOYEES FROM ANY AND ALL

LIABILITY FOR LOSS OR DAMAGE, AND FOR EVERY CLAIM OR CAUSE OF ACTION OF

ANY KIND INCLUDING, BUT NOT LIMITED TO, BODILY INJURY, DEATH, OR PROPERTY

DAMAGE, ARISING OUT OF YOUR PARTICIPATION IN THE PHYSICAL ACTIVITIES

RECOMMENDED BY THE FORE FITNESS SITES.

HEALTH AND SAFETY WARNING

YOU UNDERSTAND THAT THE FORE FITNESS SERVICES ARE INTENDED TO BE USED IN

CONNECTION WITH ATHLETIC AND FITNESS ACTIVITIES. YOU EXPRESSLY AGREE

THAT ENGAGING IN ATHLETIC OR FITNESS ACTIVITIES AS PART OF THE FORE FITNESS

SERVICES CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY

DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL

KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF

CAUSED IN WHOLE OR IN PART BY THE ACTION, INACTION OR NEGLIGENCE OF FORE

FITNESS OR OTHERS. YOU ALSO EXPRESSLY AGREE THAT FORE FITNESS DOES NOT

ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR

CONDUCT OF ANY COMPETITION, CONTEST, INTERACTION, GATHERING, OR EVENT

THAT UTILIZES THE SERVICES.

YOU SHOULD CONSULT YOUR PHYSICIAN, MEDICAL PRACTIONER, OR OTHER HEALTH

CARE PROVIDER BEFORE ENGAGING IN ANY OF THE PHYSICAL ACTIVITIES

RECOMMEND BY THE FORE FITNESS SITES OR FORE FITNESS SERVICES TO ASSESS

YOUR ABILITY TO SAFELY ENGAGE IN SUCH ACTIVITIES. YOU SHOULD NOT ENGAGE IN

ANY OF THE ACTIVITIES RECOMMENDED BY THE FORE FITNESS SITES IF YOU HAVE

ANY MEDICAL CONDITIONS WHERE EXERCISE COULD INDUCE ADVERSE EFFECTS. IF

YOU ARE PREGNANT, DIABETIC, HAVE A HEART CONDITION, OR HAVE ANY INJURIES,

DISABILITIES, OR OTHER MEDICAL CONDITION, YOU CERTIFY THAT YOU HAVE

PERMISSION FROM YOUR PHYSICIAN, MEDICAL PRACTIONER, OR OTHER HEALTH

CARE PROVIDER TO BEGIN AN EXERCISE PROGRAM. YOU CERTIFY THAT YOU WILL

START SLOWLY AND TAKE CARE NOT TO EXCEED YOUR CAPABILITIES WHEN

EXERCISING. YOU SHOULD IMMEDIATELY STOP ANY ACTIVITY THAT CAUSES YOU TO

BECOME DIZZY, DEHYDRATED, OR OTHERWISE AFFECTS YOUR BODY’S ABILITY TO

FUNCTION NORMALLY. YOU SHOULD ALWAYS WEAR RECOMMENDED SAFETY

EQUIPMENT WHEN PARTICIPATING IN ANY ACTIVITY RECOMMENDED BY THE FORE

FITNESS SITES. FAILURE TO DO SO MAY RESULT IN INJURIES. TO REITERATE YOUR

AGREEMENT ABOVE, YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY

INJURIES YOU SUSTAIN WHILE PARTICIPATING IN ANY ACTIVITIES RECOMMENDED BY

THE FORE FITNESS SITES OR FORE FITNESS SERVICES. YOU AGREE AND UNDERSTAND

THAT IF YOU ARE INJURED WHILE EXERCISING, YOU WILL BE SOLELY RESPONSIBLE

FOR ALL MEDICAL COSTS, DAMAGES, AND OUT-OF-POCKET EXPENSES, AND ANY

CLAIMS MUST BE SATISFIED THROUGH YOUR PERSONAL HEALTH INSURANCE OR

ASSETS.

MEDICAL DISCLAIMER.

The FORE FITNESS Sites and FORE FITNESS Services offers health and fitness information and

is designed for educational and entertainment purposes only and is not intended as medical or

nutritional advice. The information contained in the FORE FITNESS Sites should not be used to

diagnose or treat any illness, metabolic disorder, disease or health problem. Always consult your

physician, medical practitioner, or other health care provider before beginning any nutrition or

exercise program. Use of the programs, advice, and information contained in the FORE FITNESS

Sites is at the sole choice and risk of the user. Nothing stated or posted on the FORE FITNESS Sties

or available through any FORE FITNESS Services is intended to be, and must not be construed to

be, the practice of medical or counseling care.

INDEMNIFICATION AND HOLD HARMLESS

You agree to defend, indemnify, and hold FORE FITNESS and its directors, officers, employees,

representatives, agents, and shareholders harmless from all demands, actions, investigations,

damages, claims, liabilities, whether actual or threatened, and all losses and expenses, including,

but not limited to, attorneys’ fees that FORE FITNESS incurs or is required to pay, arising from

your use or misuse of an FORE FITNESS Site or FORE FITNESS Service, violation of these Terms

of Use and Conditions, or actual or threatened claim of your infringe any patent, trademark, trade

secret, copyright, right of publicity or privacy, or other proprietary or contract right of any party.

We reserve the right, at our own expense, to assume the exclusive defense and control of any

matter otherwise subject to indemnification by you, in which event you will cooperate with us in

asserting any available defenses. This indemnification and hold harmless shall survive the

termination of these Terms of Use and Conditions or FORE FITNESS Services.

ASSIGNMENT AND THIRD-PARTY RIGHTS

We may assign, sell, or transfer our rights and obligations under this Agreement, in whole or in

part, to any person or entity at any time without your consent, including our rights to payment

under this Agreement. You may not assign your rights to use any FORE FITNESS Site or FORE

FITNESS Service without our express written consent. You may not assign your rights and

obligations under these Terms of Use and Conditions to any party, and any purported attempt to

do so will be null and void. We may freely assign our rights and obligations under these Terms of

Use and Conditions. Only You and FORE FITNESS shall be entitled to enforce these Terms and

Conditions. No third party shall be entitled to enforce any of these Terms and Conditions.

ADVERTISEMENTS

From time to time, the FORE FITNESS Sites and FORE FITNESS Services may include

advertisements offered by third-parties. You may enter into correspondence with or participate in

promotions of the advertisers showing their products on the FORE FITNESS Sites. Any such

correspondence or promotions, including without limitation the delivery of and the payment for

goods and services, and any other terms, conditions, warranties or representations associated with

such correspondence or promotions, are solely between you and the advertiser. We assume no

liability, obligation or responsibility for any part of any such correspondence or promotion.

INTERNATIONAL USERS

FORE FITNESS Sites and FORE FITNESS Services are controlled, operated, and administered in

State of California, United States of America. We make no representation that contents on the

FORE FITNESS Sites are appropriate or available for use in locations outside the United States and

accessing them from territories where their contents are illegal is prohibited. Those who choose to

access the FORE FITNESS Sites from other locations do so on their own initiative and are

responsible for compliance with local laws. Any offer for any product, service, and/or information

made in connection with the FORE FITNESS Sites is void where prohibited. You may not use the

Site or export content or products in violation of the U.S. export laws and regulations. If you access

this Site from a location outside of the United States, you are responsible for compliance with all

local laws.

ATTORNEYS’ FEES

In the event any litigation, action, or arbitration is brought by us in connection with these Terms of

Use and Conditions or your use of the FORE FITNESS Services, FORE FITNESS shall be entitled

to recover from you its costs and other expenses, including reasonable attorneys’ fees, incurred by

us in such litigation, action, or arbitration.

TERMINATION

Notwithstanding any of these Terms and Conditions, Fore Fitness reserve es the right, in our sole

discretion, terminate or suspend your access to any or all of the FORE FITNESS Sites with or

without notice and for any reason, including without limitation breach of these Terms of Use. Any

suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship

and may be referred to appropriate law authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the FORE

FITNESS Services and the FORE FITNESS Sites shall immediately cease, and you acknowledge

and agree that we may immediately deactivate or delete your account and all related information

and files in your account and/or bar any further access to such files or the FORE FITNESS Sites.

We shall not be liable to you or any third-party for any claims or damages arising out of any

termination or suspension or any other actions taken by us in connection with such termination or

suspension.

SEVERABILITY

If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason

unenforceable, then that provision shall be deemed severable from these Terms and Conditions

and shall not affect the validity and enforceability of any remaining provision.

APPLICABLE LAW AND JURISDICTION

The FORE FITNESS Sites (excluding any linked sites) and FORE FITNESS Services are controlled

by us from our offices within the State of CALIFORNIA, United States of America. Terms and

Conditions shall be governed by and construed in accordance with the laws of the State of

California, without resort to its conflict of law provisions. You agree that any action arising out of or

relating to the Terms and Conditions or your use of the Site shall that the statutes and laws of the

State of California, without regard to the conflicts of laws principles thereof, will apply to all

matters relating to the use of the FORE FITNESS Sites and the purchase of FORE FITNESS

Services available through the FORE FITNESS Sites. With respect to any disputes or claims not

subject to arbitration (as set forth below), you agree to commence or prosecute any action in

connection therewith in the State of California, Los Angeles County, and you hereby consent to,

and waive all defenses of lack of personal jurisdiction and forum non convenience with respect to,

venue and jurisdiction.

ARBITRATION AND CLASS ACTION WAIVER

You acknowledge and agree that any dispute, claim or controversy arising from or concerning their

interpretation, violation, invalidity, non-performance, or termination, to final and binding

arbitration under the Rules of Arbitration in accordance with the Federal Arbitration Act.

Disputes arising out of or relating to there Terms and Conditions, use of Sites, breach, termination,

enforcement, interpretation or validity or Services or Content (“collectively, “ Disputes”) will be

resolved solely by binding, individual arbitration and not in a class, representative or consolidated

action or proceeding.

A limited exception to Arbitration would be for you to seek to resolve a Dispute in a small claims

court if it qualifies, and such court has to be in Los Angeles County, California; We each retain the

right to seek injunctive or other equitable relief from a court to enjoin or prevent any infringement

or misappropriation o any intellectual property rights.

You acknowledge and agree that you may only resolve disputes with us on an individual basis, and

may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative

action. Class arbitrations, class actions, private attorney general actions, and consolidation with

other arbitrations are not allowed under these Terms of Use.

You may OPT OUT of arbitration entirely and litigate any Disputes if you provide us with written

notice by mail sent to our attention within thirty (30) days following the date you first agree to these

Terms. 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.

ENTIRE AGREEMENT.

These Terms of Use and Conditions constitute the entire agreement between FORE FITNESS and

you with respect to your use of the Site and services through the site, and as applicable to any

products or services of FORE FITNESS. These Terms of Use and Conditions concerning the

subject matter of this agreement and supersede all prior agreements and understandings of the

parties with respect to that subject matter. This agreement incorporates any legal documents and

policies posted on the FORE FITNESS Site from time to time. This agreement represents the entire

understanding between FORE FITNESS and you, and any conflict between any policies posted on

the FORE FITNESS Site and the terms of this Agreement, the terms of this Agreement will control.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in

a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of

the parties, and the remaining portions shall remain in full force and effect.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-

delivery or delay in delivery of products and FORE FITNESS Services available through the FORE

FITNESS Sites arising from any event beyond our reasonable control, whether or not foreseeable

by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather,

inability to secure transportation, governmental act or regulation, and other causes or events

beyond our reasonable control, whether or not similar to those which are enumerated above.

EXHIBIT A