X⁴ Fitness, LLC TERMS OF SERVICE THE X⁴ Fitness, LLC WEBSITE, INCLUDING ITS SUBSITES THAT DISPLAY THESE TERMS, AND ALL SOFTWARE, PRODUCTS, MOBILE APPLICATIONS, MOBILE SITES, FEATURES AND SERVICES MADE AVAILABLE, DISPLAYED OR OFFERED BY OR THROUGH THE WEBSITE OR SUBSITES (COLLECTIVELY, THIS “SITE’’) IS OWNED AND OPERATED BY OR ON BEHALF OF X⁴ Fitness, LLC WITH OFFICES LOCATED AT 187 OXMOOR ROAD, HOMEWOOD, ALABAMA 35209 (“X⁴ Fitness”). YOUR ACCESS AND USE OF THIS SITE IS SUBJECT TO THE FOLLOWING TERMS OF SERVICE (“TERMS”) AND ALL APPLICABLE LAWS. PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING, BROWSING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, ACCEPTED, AND AGREED TO THESE TERMS WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, DO NOT ACCESS, BROWSE, OR USE THIS SITE OR THE CONTENT OR SERVICES HEREON. CERTAIN PORTIONS OF THE WEBSITE MAY BE SUBJECT TO ADDITIONAL TERMS SPECIFIED BY X⁴ Fitness FROM TIME TO TIME; YOUR USE OF THE WEBSITE IS SUBJECT TO THOSE ADDITIONAL TERMS AND CONDITIONS, WHICH ARE INCORPORATED INTO THESE TERMS OF USE BY THIS REFERENCE. X⁴ Fitness, together with its related entities, are collectively referred to in these Terms as “we,” “us,” “our,” or other similar pronouns.

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‍I. Privacy Policy

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‍Please read the X⁴ Fitness Privacy Policy (“Privacy Policy”) provided at www.X⁴fit.com/privacy carefully to understand how X⁴ Fitness collects, uses, and discloses information, including personally identifiable information. We may revise and update the Privacy Policy from time to time in our sole discretion. All changes are effective immediately when we post them and apply to our collection, use, and disclosure of information thereafter. You acknowledge and agree that it is your responsibility to review the Privacy Policy when accessing the Site so that you are aware of any changes.

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‍II. Passwords and Subscription

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‍You are required to open an account to subscribe, use, or access the X⁴ Fitness app or any of its features or services. You will also be asked to provide a username and password for your account. You agree that we may store and use any registration data, including your username and password, you provide for use in maintaining your account. You are entirely responsible for maintaining the confidentiality and security of your password and account. You may not use the account, username, or password of someone else at any time. You agree to notify X⁴ Fitness immediately of any unauthorized use of your account, username, or password. We shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by X⁴ Fitness, or its affiliates related to or controlled by X⁴ Fitness, employees, and staff due to someone else’s use of your account and password. We reserve the right to refuse registration of, or cancel an account, in our sole discretion. You may not sell or transfer your account or otherwise allow any third party to use your account for any purposes.          

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We will provide information on our then-current in-studio membership and subscription requirements on the Site. Features and prices are subject to change.

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‍III. Age Requirement

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‍You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to register with and use the Site. However, minors may participate in live in-studio classes, provided that:          

a. they and their parent/guardian have signed an X⁴ Fitness waiver and release;            

b. they are at least 16 years old; and          

c. their parent/guardian is on site at X⁴ Fitness’s studio at all times.

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‍IV. Sale of Products

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‍X⁴ Fitness accepts orders for certain products, apparel or accessories that we may offer through the Site or in-studio. Unfortunately, availability of products cannot be guaranteed. Graphics and diagrams are for illustrative purposes only and may not accurately reflect actual product availability. Colors, styles and other variants depicted are for illustration only and are subject to change. Errors will be corrected where discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions.            

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Unless otherwise specified at the time of purchase, you must pay for products when you place the order. All products ordered from the Site will be delivered to the shipping address you provide. We reserve the right to cancel an order placed by you at any time and for any lawful reason prior to the delivery of the product(s) and the receipt of payment in full from you, provided that we will refund any fees that you prepaid for those products if we cancel. We may send an acknowledgement of receipt of your order to the email address you provide and proof of purchase information through the Site or to your email address after your payment has been processed.

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‍V. Medical Disclaimer

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‍You expressly acknowledge and agree that X⁴ Fitness and this Site do not provide medical advice and are not a substitute for professional medical diagnosis, treatment, advice, or a medical examination. The content of this Site may contain general information relating to certain medical conditions and their treatment. Such information is provided for informational purposes only and is not intended to replace or substitute advice provided by a physician or other medical provider. You should not use the information provided on this Site for diagnosing a health problem or disease. Prior to participating in any program, workout, training, course, activity, exercise, diet, or use of any product, program, workout, exercise, or treatment discussed on this Site, or if you have any questions regarding a medical condition, seek the advice of your physician and other qualified healthcare professionals. You understand that the exercises and programs discussed on this Site can be strenuous and should be scaled or done in moderation.            

There is an inherent risk in any exercise that, while providing some health benefits, it can also cause unknown health issues. Application or reliance on the techniques, advice, ideas, and suggestions of any person associated with X⁴ Fitness or this Site are at your sole discretion and risk.          

Never disregard professional medical advice or delay in seeking it because of something you have read on the Site. If you think you may have a medical emergency, call your doctor or 911 immediately. X⁴ Fitness does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by X⁴ Fitness, X⁴ Fitness employees or staff, others appearing on the Site at the invitation of X⁴ Fitness, or other visitors to the Site is solely at your own risk.

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‍V. Use of Site

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‍All content on this Site and otherwise available through this Site, including designs, logos, artwork, test, graphics, images, data, information, software, music, sounds, interactive features, video, audio and other files, and all other copyrightable or otherwise legally protectable elements of the Site, including, without limitation, their selection, compilation and arrangement, is owned by X⁴ Fitness and its licensors. No Site content may be modified, distributed, framed, copied, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, licensed, bartered, leased or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms or as expressly authorized in writing by X⁴ Fitness.

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‍VI. Limited License

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‍Subject to your compliance with these Terms and solely for so long as you are permitted by X⁴ Fitness to access and use the Site, X⁴ Fitness grants you a limited, non-transferable, non-exclusive, revocable right and license to access and use the Site for your own personal, non-commercial purposes, a right which may not be assigned or sublicensed to anyone. This license includes the right to view content available on the Site and the right to download one copy of the application to any single device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. This license will remain in effect unless and until you violate these Terms or this license is terminated by you or X⁴ Fitness.            

All rights of X⁴ Fitness or its licensors that are not expressly granted in these Terms are reserved to X⁴ Fitness and its licensors. If we should enter into a commercial licensing agreement with you, the terms of the licensing agreement govern your license to use the Site and Site content for commercial use.

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‍VII. Links

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‍Unless otherwise notified by X⁴ Fitness, you are free to link to this Site so long as you make it clear that (a) the linked content belongs to X⁴ Fitness; (b) such content is not your own; and (c) the originating website makes no claim of owning, being related to or owned or controlled by, being under common control with, or sanctioned by, approved by, or endorsed by, X⁴ Fitness.            

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The Site may contain links or references to other websites maintained by third parties over whom we have no control. Such links are provided merely as a convenience. Such third party sites and third party content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any third party sites accessed through this Site or any third party content posted on or available through this Site, including the content, accuracy, advice, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the third party sites or the third party content. Inclusion of, linking to or permitting the use of any third party site or any third party content does not imply approval or endorsement thereof by X⁴ Fitness. If you decide to leave this Site and access the third party sites or to access or use any third party content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any third party site to which you navigate from this Site or relating to any applications you use or install from this Site.

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‍VIII. Trademarks

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‍“X⁴ Fitness” is the trademark of X⁴ Fitness, LLC in the United States. Unless expressly authorized by us in writing, you may not use X⁴ Fitness trademark in connection with any product or service in any manner that is likely to cause confusion or create the impression that we endorse any product or service. You may not reproduce or use X⁴ Fitness’s trademark or trade dress without the prior written permission of X⁴ Fitness. Nothing contained on this Site should be understood as granting you a license to use any of the trademarks, taglines, graphics or logos owned or licensed by us or by any third party.

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‍IX. Copyright and Content

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‍The contents of this Site are protected by copyright under United States and foreign laws. Title to the content of this Site remains with X⁴ Fitness or its licensors. Any use of such content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws. Content and features are subject to change or termination without notice in the editorial discretion of X⁴ Fitness. All rights not expressly granted herein are reserved to X⁴ Fitness and its licensors.

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‍X. Other Prohibited Uses

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‍You are prohibited from violating or attempting to violate, and agree not to violate or attempt to violate, any security features of this Site, including, without limitation:            

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(a) accessing or attempting to access any content or data not intended for you, or logging onto a server or account that you are not authorized to access;          

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(b) attempting to probe, scan, or test the vulnerability of this Site, or any associated system or network, or to breach security or authentication measures without proper authorization;            

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(c) interfering or attempting to interfere with service to any user, host, or network;            

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(d) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to human-perceivable form any of the source code used by X⁴ Fitness in providing this Site;          

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(e) use, display, mirror, or frame the Site or any individual element with the Site, X⁴ Fitness‘s name, any X⁴ Fitness trademark, logo or other proprietary information, or the layout and design of the page or form contained on a page, without our express written consent: and            

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(f) imposing (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure.            

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Any violation of system or network security may subject you to civil and/or criminal liability.

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‍XI. Termination

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‍X⁴ Fitness reserves the right to suspend or terminate your use of this Site. To ensure that we provide a high quality experience for you and other users of this Site, you agree that X⁴ Fitness or its representatives may access your account and records on a case-by-case basis to investigate complaints and allegations of infringement on third-party rights or other unauthorized uses of this Site. We do not intend to disclose the existence or occurrence of such an investigation unless required by law, but we reserve the right to suspend or terminate your account or your access to this Site immediately, with or without notice to you, and without liability to you, if we believe that you have violated any of the Terms, furnished X⁴ Fitness with false or misleading information, or interfered with the use of this Site by others.

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‍XII. No Warranties

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‍X⁴ Fitness reserves the right to modify the Site, including, but not limited to updating, adding to, enhancing, modifying, removing, or altering any content or features of the Site, at any time, in its sole discretion. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Site. We have no obligation to screen or monitor any content and do not guarantee that any content available on the Site is suitable for all users or that it will continue to be available for any length of time. X⁴ Fitness and X⁴ Fitness’s related entities, including entities it owns, controls or is under common control with, X⁴ Fitness’s third party providers, any person or entity involved in creating, producing, or distributing any content software or services contained on the Site, and any of their respective directors, officers, employees, staff, representatives, contractors, or agents (collectively, the “X⁴ Fitness Parties”) hereby disclaim all representation, warranties, and conditions. The X⁴ Fitness Parties are making this Site (including without limitation, this Site’s content and any software) available “as is” and “as available” without warranty of any kind. You assume the risk of any and all damage or loss from use of, or inability to use, this Site, including, without limitation, physical injury or death as well as damages to personal property. To the maximum extent permitted by law, the X⁴ Fitness Parties expressly disclaim any and all representation, warranties, or conditions, express or implied, regarding this Site, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or noninfringement, and any warranties that may arise from course of dealing, course of performance or usage of trade. The X⁴ Fitness Parties do not warrant that this Site will meet your requirements or that the operation of this Site will be uninterrupted, secure, bug-free or error-free; nor do the X⁴ FitnessParties make any warranty as to the results that may be obtained from use of the Site or as to the accuracy, reliability, quality, or content of any information, service, or merchandise provided on or through the Site.            

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Subject to any applicable laws which prohibit the following limitations and exclusions, the disclaimers of liability contained in this “No Warranties” section apply to damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of this Site, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.          

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Some states or jurisdictions do not allow the exclusion of statutory or implied warranties, or the exclusion or limitation for certain types of damages, including (as applicable in your jurisdiction), warranties of title, possession, fitness for a particular purpose, quality, correspondence with a description or sample of the applicable goods, and that services will be carried out at a reasonable price, using reasonable skill and within reasonable time. In such states or jurisdictions, the limitations and exclusions set forth in this “No Warranties” section may not apply to you. Consequently, in such states or jurisdictions, the liability of X⁴ Fitness is limited to the extent permitted by law, thereby minimizing the liability of the X⁴ Fitness Parties to you to the lowest amount permitted by applicable law. This limitation is independent of any other limitation set forth in these terms of use.            

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Under no circumstances will the X⁴ Fitness Parties be liable for any loss or damage caused by your reliance on information obtained on or through this Site, it is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through this Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content.            

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X⁴ Fitness does not endorse, warrant or guaranty any product or service offered by a third party through this Site and X⁴ Fitness will not be a party to or in any way monitor any transaction between you and third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.          

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In addition, when visiting or taking classes at any of our studies, please be advised that X⁴ Fitness is not responsible for any lost or stolen items and that visitors, guests and members are required to adhere to then-current policies in place at that studio and the directions of that studio’s employees and representatives.

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‍XIII. Accuracy and Completeness

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‍Due to constant advances in technology, strength and conditioning programs, and medicine, the possibility of typographical error, unexpected scheduling changes of meetings and educational opportunities on this Site, and the wide variety of authors contributing to this Site, readers are encouraged to confirm the information contained herein with other sources. Corrections and additions will be made only as allowed by the availability of time and resources. The accuracy and timeliness of the information on this Site cannot be guaranteed.            

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You acknowledge and agree that X⁴ Fitness does not, as a practice, monitor the accuracy or reliability of content on this Site, nor will X⁴ Fitness have any obligation or liability to do so. Although care has been taken in preparing the content, all information, services and content that is provided here or could be reached by using this Site as a starting point is provided to you “as-is, “with all faults,” and “as available.” You agree that access to and use of this Site and the information, services, and content available thereon is at your own risk. Neither X⁴ Fitness nor any author or supplier contributing to this Site is responsible for any errors or omissions in any information provided or the results obtained from the use of such information, services, or content.

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‍XIV. Limited Liability

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‍Neither X⁴ Fitness, nor any party involved in creating, producing, delivering, or maintaining this Site and any content thereon shall be liable for any damages, including without limitation, direct, incidental, consequential, indirect or punitive damages and physical or bodily harm, injury or death, arising out of or relating to access to (a) the use of, or inability to use this Site or any information, services, or content available thereon or which can be reached using the Site as a starting point, (b) the breach of any representation or warranty, (c) the use or downloading of any software or application owned or operated by X⁴ Fitness or any third party, in connection with this Site, or (d) any errors or omissions in the information, services, or content, whether based on warranty, contract, negligence, tort, or any other legal theory, and whether or not X⁴ Fitness, any participating organization, or any party involved in creating, producing, delivering, or maintaining this Site or any information, services, or content thereon is advised of the possibility of such damages. This limitation includes, but is not limited to, personal injury, including death and disability as well as damages to personal property.          

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In the event any claim relating to the performance or nonperformance by X⁴ Fitness pursuant to these Terms, or in any other way concerning this Site, is made by you, the actual damages to which you may be entitled shall be limited to the fees, if any, paid by you for use of this Site.

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XV. Indemnification

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‍You agree to defend, indemnify, and hold harmless X⁴ Fitness and any other party involved in creating, producing, delivering, or maintaining this Site and each of their respective officers, directors, employees, staff, agents, licensors, licensees, suppliers, and third party partners from and against all losses, expenses, damages and costs, including without limitation, reasonable attorney and accounting fees, resulting from (a) your violation of these Terms, (b) your violation of any third party rights, including without limitation, any copyright, trademark, property, publicity, or privacy right, (c) the breach by you of any representations, warranties, and/or covenants contained herein, or (d) your use of this Site.

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‍XVI. Governing Law

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‍These Terms are governed by the internal and substantive laws of the State of Alabama without respect to its conflict of laws principles.            

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This Site is controlled and operated by X⁴ Fitness from its offices within the State of Alabama, United States of America. We make no representation that materials on or linked to from this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

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‍XVII. Severability and Waiver

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‍If any provision in these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.  The section headings used herein are for convenience only and shall not affect the interpretation of these Terms.            

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X⁴ Fitness’s failure to exercise any right or remedy available upon your breach of these Terms or the failure by X⁴ Fitness to demand the prompt performance of any obligation hereunder, shall not be deemed a waiver of (a) X⁴ Fitness’s rights or remedies, (b) the requirement of punctual performance, or (c) any right or remedy in connection with a subsequent breach or default on your party. No waiver of any of these Terms shall be deemed a further or continuing waiver of such terms and conditions or any other term or condition.

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‍XVIII. Modifications

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‍X⁴ Fitness may, in its sole discretion and without prior notice (a) revise these Terms, (b) modify this Site, or (c) discontinue this Site (in whole or in part) at any time. We shall post any revision to these Terms to the Site, and the revision will be effective immediately on such posting. You agree to review these Terms and other online policies posted on this Site periodically to be aware of any revisions. You agree that, by continuing to use or access this Site following notice of any revision or the posting of any revision, you shall abide by any such revision. When we change the Terms in a material manner, we will update the “last modified” date at the bottom of this document.

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‍XIX. Successors, Assignment, and Third Party Beneficiaries

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‍These Terms are binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer these Terms without X⁴ Fitness‘s prior written consent. We may assign our rights, obligations, and these Terms with or without notice to one or more third parties.

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‍XX. Complete Agreement

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‍Except as expressly provided in any particular “legal notice,” other official Site policy, or end user license agreement found on this Site, and in the case of licensees of X⁴ Fitness’s fitness program(s) any license agreement between you and X⁴ Fitness, these Terms constitute the entire agreement between you and X⁴ Fitness with respect to the use of this Site and the content therein.

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‍XXI. Notices

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‍You consent to receive all communications including notices, agreements, disclosures, or other information from X⁴ Fitness electronically. We may communicate by email or by posting to the Site. For support-related inquiries, please contact info@x4fit.com.For all other notices, write to the following address:

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X⁴ Fitness, LLC            

187 Oxmoor Road            

Homewood, AL 35209

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‍XXII. Force Majeure

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

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‍XXII. Date Last Modified
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‍September 9, 2022

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