Terms of Service

Acceptance of the Terms

By downloading, installing, accessing, or using the Huddle mobile application (the “App”), Huddle web platform (the “Website”) and related services (together with the Website and App, the “Service”) each of which are owned and operated by GloboGym Inc., a Canadian corporation incorporated federally (“GloboGym,” “us,” or “we”), you acknowledge and agree to be bound by these Terms & Conditions of Service, which shall include any additional, expressly applicable terms of service (to some but not all Service and except where we state separate terms shall apply) and any exhibits, attachments or supplements hereto or thereto, each of which is incorporated herein by reference (collectively, the “Terms and Conditions”), which form a legally binding contract between you and GloboGym. By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications. If you do not agree to or agree to abide by these Terms and Conditions, you agree that you are not authorized to use, access, or participate in the Service and shall not access or use the Service.

Eligibility

To use, access, install, download or view the Service, you must be:

• at least 14 years old (or the legal minimum age in your jurisdiction, whichever is higher);

• capable of forming a binding contract; and

• not barred from using the Service under applicable law (including Canadian export or sanctions laws).

Modifications

Globogym may from time to time amend, update, supplement or change these Terms and Conditions (“Amendments”). You hereby agree and accept and be bound by any Amendments and the most current revised Terms and Conditions, which shall become effective immediately as of the time of such Amendments are made publicly available through the Service. If we do this, we will post a notice that we have made changes to these Terms and Conditions on the Websites for at least 7 days after the changes are posted and will indicate at the bottom of the Terms and Conditions the date these terms were last revised. Any revisions to these Terms and Conditions will become effective the earlier of (i) the end of such 7-day period or (ii) the first time you access or use the Service after such changes. If you do not agree to any updated Terms and Conditions or wish to terminate your agreement to these Terms and Conditions, you can do so by deleting your Huddle account and no longer accessing or using any part of the Service.

Account Registration & Security

You agree to provide accurate, current, and complete information; maintain the security of your password; and promptly update any changes. You are responsible for all activities under your account. We reserve the right to suspend or terminate accounts that violate these Terms and Conditions or applicable laws.

Description of Website and Service

The Service allows users to access and use for the legally permissible purpose of fostering a healthy environment of commitment and accountability between you and other users of the Service. GloboGym may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently.

Acceptable Use of the Service

You are responsible for your use of the Service, and for any use of the Service made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Service, you agree to comply with our Community Guidelines which are incorporated to these Terms and Conditions by reference.

Additional Terms

Some of our Service may have additional terms and conditions (“Additional Terms”). Where Additional Terms apply to a Service, we will make them available for you to read through your use of that Service. By using that Service, you agree to the Additional Terms.

Registration

In connection with registering for and using the Service, you agree (i) to provide accurate, current and complete information about you and/or your organization as requested by GloboGym; (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update any registration information you provide to GloboGym, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account.

User Representation and Warranties

You represent and warrant to GloboGym that your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules, and regulations of Canada, the United States and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from Canada, the United States, and/or the jurisdiction in which you reside. You further represent and warrant that you have created or own any material you submit via the Service (including Activity Materials (as defined below) and Content, as defined below) and that you have the right, as applicable, to grant us a license to use that material as set forth above or the right to assign that material to us as set forth below.

You represent and warrant that you are not: (1) organized under the laws of, operating from, or otherwise ordinarily resident in a country or territory that is the target of comprehensive Canadian or U.S. economic or trade sanctions (i.e., an embargo); (2) identified on a list of prohibited or restricted persons, such as the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons; or (3) otherwise the target of Canadian or U.S. sanctions.

Submission of Content

As a condition of submitting any ratings, reviews, information, data, text, photographs, audio clips, audiovisual works, translations, flashcards, designs, graphics, images, software, and other files, and their selection and arrangement or other materials on the Service (collectively, “Content”), you hereby grant to GloboGym a full-paid, royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, monetize or otherwise benefit from, and create derivative works from the Content; incorporate the Content into other works; and sublicense through multiple tiers the Content. You acknowledge that this license cannot be terminated by you once your Content is submitted to the Service. You represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, GloboGym, and others as described and otherwise contemplated in these Terms and Conditions. You understand that other users will have access to the Content and that neither they or GloboGym have any obligation to you or anyone else to maintain the confidentiality of the Content.

You will not upload, display, or otherwise provide on or through the Service any Content that: (i) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive, or otherwise violates, or would reasonably be expected to gives rise to a cause of action against GloboGym under any law, or infringes upon the right of any third party (including copyright, trademark, privacy, publicity, or other personal or proprietary rights); (ii) in GloboGym’s sole judgment, is objectionable, restricts or inhibits any other person from using the Service, or may expose GloboGym or its users to any harm or liability of any kind; or (iii) violates GloboGym’s Community Guidelines.

Indemnification of GloboGym

You irrevocably agree to defend, indemnify and hold harmless GloboGym and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, proceedings, liabilities and damages whatsoever, including attorneys' fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions, or any claim that the Service is inaccurate, inappropriate or defective in any way whatsoever.

License to Apps

Subject to the terms of these Terms and Conditions, GloboGym grants you a non-transferable, non-exclusive, revocable license to download, install, and use one copy of the App in object code form only on an interactive wireless device that you own or control, and for which you employ reasonable and adequate security protections to protect such device from misappropriation. You may not, in any way, derive or attempt to derive the source code of all or any portion of the App, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the App or any part thereof. GloboGym and its licensors own and shall retain all intellectual property rights and other rights in and to the Apps, and any changes, modifications, or corrections thereto. The following terms and conditions apply to you only if you use, download or obtain access to the App from Apple Inc. or any affiliate thereof (“Apple”) and the App Store or other online marketplace maintain thereby (the “Apple App Store”). To the extent the other terms and conditions of these Terms and Conditions are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to the App downloaded from the Apple App Store. You acknowledge and agree that these Terms and Conditions are solely between you and GloboGym, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store terms of service in all respects. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any warranty applicable pursuant to the Apple App store terms of Service, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and Conditions. You and GloboGym acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and GloboGym acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, GloboGym, not Apple, will be solely responsible in accordance with these Terms and Conditions for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms and Conditions. You must comply with applicable third party terms of agreement when using any App. You and GloboGym acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms and Conditions as they relate to your license of the Apps, and that, upon your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof.

In-App Purchases

Automatic Renewal

If you purchase an auto-renewing periodic subscription through the Service, your Huddle account and any banking account particulars connected thereto, if any, will be billed continuously for the subscription until you terminate it as set forth below. After your initial subscription period or subsequent subscription or renewal period, your subscription will automatically renew for an additional equivalent period. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your Huddle account and terminate or change your subscription, even if you have deleted your account.

In-App Items

In the Service, you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency,” solely for use in the Service, and (b) “virtual in-app items” (together with “virtual currency,” “Virtual Items”). You are allowed to purchase Virtual Items through the Service, and not in any other way.

GloboGym may manage, regulate, control, modify, or eliminate Virtual Items at any time, with or without notice. GloboGym may update the pricing of Virtual Items at any time in its sole discretion, and may add new Virtual Items for additional fees. GloboGym shall have no liability to you or any third party in the event that GloboGym exercises any such rights.

The transfer, sale, redemption or other conveyance of Virtual Items to any entity, including but not limited to another user or any third party, is prohibited except where expressly authorized in the Service.

Fees and Taxes

You agree to pay all fees and applicable taxes incurred by you or anyone using the Service, including any Huddle account registered to you in connection therewith. GloboGym may revise the pricing for the goods and services offered through the Service at any time. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

Payment Processors

All financial transactions made in connection with the Service will be processed by a third party in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions. We encourage you to learn about the practices of such third party. In no event will GloboGym be responsible for the actions or inactions of any third party payment processor, including, but not limited to, system downtime or payment service outages.

Refund Policy

All payments are nonrefundable and there are no refunds or credits for Virtual Items or partially used membership periods, unless otherwise required by the law in your jurisdiction. If you cancel your periodic subscription to a paid Service provided by GloboGym, you will continue to have access to the Service through the end of your current billing period. Please note that if you made purchases on Huddle through the Apple App Store, payments and refunds are handled by Apple, and GloboGym cannot issue refunds for those purchases.

Third-Party Links, Sites, and Service

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by GloboGym. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content while using the Service, you understand that these Terms and Conditions and our Privacy Policy do not apply to your use of such sites. You expressly acknowledge and agree that GloboGym shall not be responsible or liable, directly or indirectly, for any damage or loss arising from your use of any third-party website, service, or content.

The Service may include advertisements, which may be targeted to the Content or information on the Service, or other information. The types and extent of advertising by GloboGym on the Service are subject to change. In consideration for GloboGym granting you access to and use of the Service, you agree that GloboGym and its third party providers and partners may place such advertising in connection with the display of content or information submitted by you or others.

No Representations or Warranties by GloboGym

THE SERVICE, INCLUDING ALL IMAGES, AUDIO FILES AND OTHER CONTENT THEREIN, AND ANY OTHER INFORMATION, PROPERTY AND RIGHTS GRANTED OR PROVIDED TO YOU BY GLOBOGYM ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. GLOBOGYM AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, AND ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GLOBOGYM DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO ACCURACY, SERVICE AVAILABILITY, COMPLETENESS, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, OR NON-INFRINGEMENT. ACCESS AND USE OF THE SERVICE MAY BE UNAVAILABLE DURING PERIODS OF PEAK DEMAND, SYSTEM UPGRADES, MALFUNCTIONS OR SCHEDULED OR UNSCHEDULED MAINTENANCE OR FOR OTHER REASONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation on Types of Damages & Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GLOBOGYM BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SERVICE OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO THE LOSS OF USE OF THE SERVICE, INACCURATE RESULTS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR DAMAGES STEMMING FROM LOSS OR CORRUPTION OF DATA OR DATA BEING RENDERED INACCURATE, THE COST OF RECOVERING ANY DATA, THE COST OF SUBSTITUTE SERVICES OR CLAIMS BY THIRD PARTIES FOR ANY DAMAGE TO COMPUTERS, SOFTWARE, MODEMS, TELEPHONES OR OTHER PROPERTY, EVEN IF GLOBOGYM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GLOBOGYM’S LIABILITY TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO GLOBOGYM FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

NOTWITHSTANDING THE FOREGOING, GLOBOGYM DOES NOT PROVIDE MEDICAL ADVICE OR DIAGNOSIS OF ANY KIND. THE CONTENT AND SERVICE, INCLUDING BUT NOT LIMITED TO, ANY EXERCISE- OR FITNESS-RELATED CONTENT SUCH AS ROUTINES, MOTIVATIONAL CONTENT OR OTHER GUIDANCE ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL ADVICE DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR MEDICAL PROFESSIONAL OR OTHER QUALIFIED HEALTH PROVIDER PRIOR TO ENGAGING IN ANY PHYSICAL ACTIVITY IN CONNECTION WITH THE APP OR OTHERWISE AND WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR BEFORE STARTING ANY NEW EXERCISE PROGRAM (“EXERCISE ACTIVITY”). YOU HEREBY ACKNOWLEDGE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THAT ANY EXERCISE ACTIVITY OR PARTICIPATION THEREIN BY YOU IS AT YOUR OWN RISK AND GLOBOGYM SHALL IN NOW WAY BE LIABLE FOR ANY INJURIES, DAMAGES, OR OTHER LOSSES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, INCLUDING ANY EXERCISE ACTIVITY PROMOTED BY THE APP, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE, OR OTHER HARM RESULTING FROM YOUR ENGAGEMENT IN EXERCISE ACTIVITY OR RELIANCE ON ANY CONTENT ACCESSED OR PROVIDED IN THE COURSE OF USING THE SERVICE. BY USING THE SERVICE, YOU AGREE TO ASSUME ALL RISKS ASSOCIATED THE FOREGOING AND YOU FURTHER AGREE TO RELEASE AND HOLD HARMLESS GLOBOGYM AND ITS AFFILIATES IN ACCORDANCE WITH SECTION 11 HEREUNDER.

You understand and agree that we have set our prices and entered into these Terms and Conditions with you in reliance upon the limitations of liability set forth in these Terms and Conditions, which allocate risk between us and form the basis of a bargain between the parties.

Termination

GloboGym may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your GloboGym account at any time by following the instructions available through the Service. Any Section of these Terms and Conditions that, by its nature should survive termination shall survive any termination.

Proprietary Rights in Service Content and Activity Materials

All content created, shared, posted, or made available in connection with the Service, including any data, designs, text, video, graphics, images, information, software, audio and other files, and their selection and arrangement, whether posted or shared publicly, privately, or via a third-party API (“Service Content”), are the proprietary property of GloboGym or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping, or similar data gathering or extraction methods to obtain Service Content. As between you and GloboGym, all data, information, and materials generated from your access and use of the Service, including content generated by you (“Activity Materials”), shall be exclusively owned by GloboGym, and you shall not have any right to use such Activity Materials except as expressly authorized by these Terms and Conditions. By using the Service, you hereby assign to GloboGym any and all rights, title, and interest, including any intellectual property rights or proprietary rights, in the Activity Materials. All rights of GloboGym or its licensors that are not expressly granted in these Terms and Conditions are reserved to GloboGym and its licensors.

Trademarks

“PicPakt” and all other trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or service marks of GloboGym or their respective owners, and certain of them are registered with the United States Patent and Trademark Office, the Canadian Intellectual Property Office, or other trademark authorities. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the PicPakt name or any GloboGym or third-party trademarks, service marks, graphics, or logos.

Privacy

Use of the Service is also governed by our Privacy Policy. By using the Service, you consent to the terms of the Privacy Policy.

Notice for Claims of Copyright Violations and Agent for Notice

The Digital Millennium Copyright Act (“DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. GloboGym also reviews claims of trademark infringement. If you believe in good faith that materials hosted by GloboGym infringe your copyright or trademark rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work or trademark claimed to have been infringed (or, if multiple copyrighted works or trademarks located on the Services are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow GloboGym to locate the material on the Services; (d) the name, address, telephone number, and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please be advised that GloboGym will not respond to complaints that do not meet these requirements. We may share your information with third parties when we forward DMCA compliant notifications, which will be forwarded as submitted to us without any deletions. If GloboGym determines that the materials alleged to infringe your copyright or trademark rights do not require removal, GloboGym will remove those materials only pursuant to a court order declaring the content or use of the materials unlawful.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Counter-notices must include the following information: (a) your name, address, and telephone number; (b) the source of the content that was removed; (c) a statement under penalty of perjury that you have a good-faith belief that the content was removed in error; (d) a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located; or, if your address is outside of the United States, for any judicial district in which Strava may be found, and that you will accept service of process from the person who provided the original complaint; and (e) a physical or electronic signature (for example, typing your full name).

Notices and counter-notices with respect to the Services must meet the then-current statutory requirements imposed by the DMCA (see https://copyright.gov/title17/92appb.html) and should be sent to the GloboGym at the addresses set out below. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there may be penalties for false claims under the DMCA.

If to GloboGym:

GloboGym Inc.

165 Manning Ave.

Toronto, ON, M6J 2K6

Canada

General and safety inquiries: through the in-app Help and Reporting tools, or team@huddlefit.co

Legal notices, intellectual property complaints, and enforcement appeals: legal@huddlefit.co

Privacy and data requests: privacy@huddlefit.co

Governing Law

These Terms and Conditions shall be governed by and construed under the laws of Ontario, and the federal laws of Canada applicable therein, excluding any conflict of laws provisions, regardless of your country of origin or where you access the Service.

Disputes & Choice of Forum

All judicial proceedings relating to or arising out of these Terms and Conditions or the Service shall be brought in the courts sitting in the City of Toronto, Ontario, including to the extent available, such “small claims court,” if the rules of that court will allow it. Both parties hereby consent to the jurisdiction of the courts of the City of Toronto, Ontario, and waive any objections to venue in those courts.

YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED IN ACCORDANCE WITH THE TERMS HEREIN AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE PROCEEDING.

Language

This agreement was originally written in English (Canadian). To the extent any translated version of this agreement conflicts with the English version, the English version controls.

Notice for California Users

If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

Miscellaneous

These Terms and Conditions constitute the entire agreement between GloboGym and you concerning the subject matter hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver by GloboGym or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. GloboGym may assign its rights or obligations under these Terms and Conditions without condition. You may not assign your rights or obligations under these Terms and Conditions. These Terms and Conditions will be binding upon and will inure to the benefit of GloboGym and you, and GloboGym's and your respective successors and permitted assigns.