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Privacy Policy/ Terms of Use

IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS

OF USE BEFORE ACCESSING, USING, OR SUBSCRIBING OVER

GYMLAUNCH.COM . THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES

AND LIMITATIONS OF LIABILITIES (see Sections 6, 9 and 10). THESE TERMS

FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND

RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

The use of gymlaunch.com (along with all subdomains, collectively, hereafter the “Website”),

which is owned and maintained by Gym Launch Secrets LLC (“Gym Launch,” “Gym Launch

Secrets,” “we,” “our,” “us”), is governed by the policies, terms, and conditions set forth below.

Please read them carefully. We offer the Website, including all information, tools, and services

available from the Website to you, the user, conditioned upon your acceptance of all terms,

conditions, policies, and notices stated here. By accessing, using, or subscribing over the

Website, you and your business agree to the terms set forth herein. If you do not agree to these

terms in their entirety, you are not authorized to use the Website.

THIS IS A BINDING AGREEMENT. THESE TERMS OF USE (“TERMS”) TOGETHER

WITH OUR PRIVACY POLICY FORM A LEGALLY BINDING AGREEMENT

(“AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS (“YOU” OR “CUSTOMER”)

AND GYM LAUNCH SECRETS AND SHOULD BE READ CAREFULLY. THIS

AGREEMENT GOVERNS YOUR ACCESS TO AND USE AND ATTEMPTED USE OF THE

WEBSITE AND THE SERVICES PROVIDED BY GYM LAUNCH.

THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER

PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A

JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION.

ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY

AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 11.

Gym Launch reserves the right to update and change, from time to time, these Terms and

all documents incorporated by reference by posting updates and/or changes to our

Website. It is your responsibility to check this page periodically for changes. You can find

the most recent version of these Terms at https://gymlaunch.com/terms-of-use/. Use of the

Website after such changes constitutes acceptance of such changes.

To sign up as a paying Gym Launch client, you will be required to agree to additional

contractual terms.

Table of Contents:

  1. Website Use
  2. Website User Conduct and Restrictions
  3. Our Privacy Policy and Your Personal Information
  4. Prohibited Use of the Site
  5. Information You Provide; Registration; User Names and Passwords
  6. DISCLAIMER – YOUR BUSINESS’ INDIVIDUAL SUCCESS WILL VARY
  7. Your Responsibilities in Running Your Business
  8. Testimonials, Reviews, and Pictures/Videos
  9. DISCLAIMERS OF OTHER WARRANTIES
  10. LIMITATIONS OF LIABILITIES
  11. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND

CLASS ACTION WAIVER

  1. Gym Launch’s Additional Remedies
  2. Indemnification
  3. Notice and Takedown Procedures; Copyright Agent
  4. Third-Party Links
  5. Termination
  6. No Waiver
  7. Governing Law and Venue
  8. Force Majeure
  9. Assignment
  10. Electronic Signature
  11. Changes to the Agreement
  12. Severability
  13. Entire Agreement
  14. Contacting Us

SECTION 1 – WEBSITE USE

The Website is intended for businesses operated by adults. If you use the Website, you are

affirming that you are at least 18 years old or the legal age of majority in your state or province

of residence (whichever is greater), operate a business, have the legal capacity to enter into a

binding contract with us, and have read this Agreement and understand and agree to its terms.

SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS

All aspects of our Website are protected by U.S. and international copyright, trademark, and

other intellectual property laws, including all design elements, text material, logos, taglines,

metatags, hashtags, photographic images, personal stories, icons, video and audio clips, personal

training sessions, marketing tips and strategies, and downloads. No material on or provided

through the Website may be copied, reproduced, distributed, republished, uploaded, displayed,

posted, or transmitted in any way whatsoever. The Gym Launch trademark and logo are

proprietary marks of Gym Launch Secrets LLC, and the use of those marks is strictly prohibited

unless otherwise provided for by these Terms. Nothing herein gives you the right to use, copy,

register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade

name, copyrighted material, patent, trade dress, trade secret, or confidential information owned

by Gym Launch.

Subject to your continued strict compliance with all Terms, Gym Launch provides to you a

revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use

the Website. You acknowledge and agree that you do not acquire any ownership rights in any

material protected by intellectual property laws.

You agree not to use or attempt to use the Website in any unlawful manner. You further agree

not to commit any unlawful act or attempt to commit any unlawful act on or through the Website

including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2)

publishing vulgar, obscene, or defamatory material; or (3) any other unlawful act.

SECTION 3 – OUR PRIVACY POLICY AND YOUR PERSONAL INFORMATION

We respect your privacy and the use and protection of your and your business’s non-public,

personal information. Your submission of personal information through the Website is governed

by our Privacy Policy. Our Privacy Policy may be viewed at

https://gymlaunch.com/privacy-policy/. Gym Launch reserves the right to modify its Privacy

Policy in its reasonable discretion from time-to-time. Our Privacy Policy is incorporated into

this Agreement by reference.

SECTION 4 – PROHIBITED USE OF THE SITE

You agree not to use or attempt to use the Website in any unlawful manner or a manner harmful

to Gym Launch. You further agree not to commit any harmful or unlawful act or attempt to

commit any harmful or unlawful act on or through the Website including, but not limited to,

refraining from:

a. HARMFUL ACTS.

Any dishonest or unethical business practice; any violation of the

law; infliction of harm to Gym Launch’s reputation; hacking and other digital or physical

attacks on the Website; use any device, software or routine that interferes with the proper

functioning of the Website or servers or networks connected to the Website, or take any

other action that interferes with another’s use of the Website; use any “robot,” “spider” or

other automatic or manual device or process for the purpose of compiling information on

the Website for purposes other than for a generally available search engine, including but

not limited to any actions which spam, phish, pretext, spider, or scrape the Website;

otherwise collect or track the personal information of others; any violation of the rights of

Gym Launch or any third party, including but not limited to use of any company name,

service marks, or trademarks without prior written consent, including as metatags or

hidden text.

b. “SPAMMING” AND UNSOLICITED COMMUNICATIONS.

We have zero tolerance

for spam and unsolicited communications. Any communications sent or authorized by

you reasonably deemed “spamming,” or any other unsolicited solicitations (including

without limitation postings on social media or third party blogs) will be deemed a

material threat to Gym Launch’s reputation and to the rights of third parties.

c. OFFENSIVE COMMUNICATIONS.

Any communication sent, posted, or authorized by

you, including without limitation postings on any website operated by you, or social

media or blog, which are: sexually explicit, obscene, vulgar, or pornographic; offensive,

profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory;

graphically violent; solicitous of unlawful behavior; or that violates the intellectual

property rights of another.

SECTION 5 – INFORMATION YOU PROVIDE; REGISTRATION; USER NAMES AND

PASSWORDS

As a Gym Launch user, you may be required to create an account for your business with Gym

Launch Secrets. You warrant that the information you provide us is truthful and accurate, and

that you are not impersonating another person. You are responsible for maintaining the

confidentiality of any password you may use to access your business’s Gym Launch user

account, and you agree not to transfer the password or user name, or lend or otherwise transfer

your use of or access to your business’s user account, to any unauthorized third party. You are

fully responsible for all transactions with, and information conveyed to, Gym Launch under your

business’s user account. You agree to immediately notify Gym Launch of any unauthorized use

of your password or user name or any other breach of security related to your business’s user

account. You and your business agree that Gym Launch is not liable, and you will hold Gym

Launch harmless, for any loss or damage arising from your failure to comply with any of the

foregoing obligations. Please see Section 13 below for additional information.

SECTION 6 – DISCLAIMER – YOUR BUSINESS’S INDIVIDUAL RESULTS WILL

VARY

Every business is different, employing different strategic approaches and organizational

structures, and offering different services and products. Therefore, individual results will vary

from user to user. YOUR BUSINESS’S INDIVIDUAL RESULTS WILL VARY DEPENDING

UPON A VARIETY OF FACTORS UNIQUE TO YOUR BUSINESS, INCLUDING BUT NOT

LIMITED TO YOUR LOCATION, BUSINESS MODEL, STAFF AND FACILITY SIZE, AND

SERVICE AND PRODUCT OFFERINGS.

Gym Launch does not promise, guarantee, or warrant your business’ success, income, or

sales. You understand and acknowledge that Gym Launch will not at any time provide

sales leads or referrals to you or your business. Those businesses who purchase our services

or products will receive access to marketing and operational strategies and tools. However,

we do not guarantee your business’s success and based upon many market factors that we

cannot control, the tools and strategies we provide may or may not be applicable to your

specific business. Further, we do not make claims that our tools, strategies, or other

offerings will make your business any specific amount of money, and it is possible that you

will not earn your investment back. We do not sell a business opportunity, “get rich quick”

program, guaranteed system, franchise system, or a business in a box. You should not

purchase our services or products if that is your expectation. Instead, you should purchase

with the understanding that using the information and tools purchased will take time and

effort and may be applicable in some situations but not others. Also, we do not offer any

tax, accounting, financial, or legal advice. You should consult your business’s accountant,

attorney, or financial advisor for advice on these topics.

SECTION 7 – YOUR RESPONSIBILITIES IN RUNNING YOUR BUSINESS

You are solely and exclusively responsible for complying with any and all applicable laws and

regulations in running your business, including, but not limited to, all laws governing advertising

and marketing claims, subscriptions, refunds, premium offers, tax laws, and all additional laws

applicable to your business. Gym Launch shall have no liability for your or your business’s

violation of any laws. You are solely and exclusively responsible for collecting and reporting

any and all sales and use tax, and any other taxes, which may apply to sales of products or

services by your business. Gym Launch shall not be responsible to collect or report any taxes

which may apply to your business or sales of products or services by your business. You agree

to indemnify Gym Launch as set out in Section 13 below in the event that you and/or your

business violates any law and a claim is threatened or asserted against Gym Launch as a result.

You understand and agree that in running your business, transactions may be subject to sales tax,

and that it is your sole and exclusive responsibility to collect and report such tax for sales to your

customers.

SECTION 8 – TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS

Gym Launch is pleased to hear from users and clients and welcomes your comments regarding

our services and products. Gym Launch may use testimonials and/or product reviews in whole

or in part together with the name, city, and state of the person submitting it. Testimonials may

be used for any form of activity relating to Gym Launch’s services or products, in printed and

online media, as Gym Launch determines in its sole and exclusive discretion. Testimonials

represent the unique experience of the participants and businesses submitting the testimonial, and

do not necessarily reflect the experience that you and your business may have using our services

or products. As set forth above in Section 6, your business’s results will vary depending upon a

variety of factors unique to your business and market forces beyond Gym Launch’s control.

Anything that you or your business submit or post to the Website and/or provide us, or post on

any social media or other site about us, including without limitation, photographs, testimonials,

ideas, know-how, techniques, questions, reviews, biographies, your business’s name, comments,

and suggestions is and will be treated as non-confidential and nonproprietary, and we shall have

the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute,

display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such

submissions by any means and in any form, and to translate, modify, reverse-engineer,

disassemble, or decompile such submissions. You and your business agree that this authorization

and license may be assigned by Gym Launch Secrets to any other party.

Additionally, Gym Launch reserves the right to correct grammatical and typing errors, to shorten

submissions prior to publication or use, and to review all submissions prior to publication or use.

Gym Launch shall be under no obligation to use any, or any part of, any submission.

SECTION 9 – DISCLAIMERS OF OTHER WARRANTIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:

YOU EXPRESSLY AGREE THAT YOUR AND YOUR BUSINESS’S USE OF, OR

INABILITY TO USE, THE WEBSITE IS AT YOUR AND YOUR BUSINESS’S SOLE RISK.

THE WEBSITE AND THE MATERIALS, INFORMATION, AND SERVICES CONTAINED

AND OFFERED ON THE WEBSITE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”

BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,

INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED

WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS

AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY,

AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON

THIS WEBSITE. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR

OR YOUR BUSINESS’S USE OF OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY,

SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY

BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR

RELIABLE. YOU AND YOUR BUSINESS AGREE THAT FROM TIME TO TIME WE

MAY REMOVE THE WEBSITE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE

WEBSITE OR ANY SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU OR YOUR

BUSINESS.

SECTION 10 – LIMITATIONS OF LIABILITIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO

CASE SHALL GYM LAUNCH, OUR DIRECTORS, OFFICERS, EMPLOYEES,

AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, OR

LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT,

INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF

ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE,

LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR

DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE),

STATUTE, STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR OR YOUR

BUSINESS’S USE OR ATTEMPTED USE OF ANY PART OF THE WEBSITE OR ANY

SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR OR YOUR

BUSINESS’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SERVICE,

INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY

CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF

THE USE OF THE WEBSITE OR ANY CONTENT OR SERVICE POSTED,

TRANSMITTED, OR OTHERWISE MADE AVAILABLE, EVEN IF ADVISED OF THEIR

POSSIBILITY.

IF, NOTWITHSTANDING THE LIMITATION OF LIABILITY SET FORTH ABOVE, GYM

LAUNCH IS FOUND LIABLE UNDER ANY THEORY, GYM LAUNCH’S LIABILITY AND

YOUR AND YOUR BUSINESS’S EXCLUSIVE REMEDY WILL BE LIMITED TO THE

LESSER OF (I) USD $1,000.00, OR (II) THE TOTAL AMOUNT OF MONEY YOU OR

YOUR BUSINESS PAID TO GYM LAUNCH IN THE ONE (1) MONTH PERIOD

IMMEDIATELY PRECEDING THE INCIDENT ON WHICH YOUR OR YOUR

BUSINESS’S ALLEGED CLAIM IS BASED. THIS LIMITATION OF LIABILITY SHALL

APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER GYM LAUNCH WAS AWARE

OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH

CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN

WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU

OR YOUR BUSINESS.

SECTION 11 – DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION

AND CLASS ACTION WAIVER

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND

YOUR AND YOUR BUSINESS’S RIGHTS. EXCEPT WHERE PROHIBITED BY LAW,

YOU AND YOUR BUSINESS AGREE THAT ANY CLAIM THAT YOU OR YOUR

BUSINESS MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL

AND BINDING CONFIDENTIAL ARBITRATION. YOU AND YOUR BUSINESS

AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU

OR YOUR BUSINESS WOULD HAVE IF YOU OR YOUR BUSINESS WENT TO

COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE

LIMITED OR MAY NOT EXIST. YOU AND YOUR BUSINESS AGREE TO ONLY

BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF

(LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR

REPRESENTATIVE PROCEEDING. YOU AND YOUR BUSINESS FURTHER AGREE

THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS

OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS

PROCEEDING.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN

ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD

ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT

(INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY

DAMAGES), AND MUST FOLLOW THESE TERMS OF USE AS A COURT WOULD.

If you or your business has a complaint, dispute, or controversy, you and your business agree to

first contact us at legal@gymlaunchsecrets.com to attempt to resolve the dispute or controversy

informally. Any controversy or claim arising out of or related to the use of the Website, any

service, product, or information, or your and your business’s relationship with us that cannot be

resolved through such informal process or through negotiation within 120 days shall be resolved

by binding, confidential arbitration administered by the American Arbitration Association

(“AAA”), and judgment on the award rendered may be entered in any court having jurisdiction

thereof. We agree that any claim we may have against you or your business will also be subject

to this arbitration provision, except as provided in Sections 12 and 13 below. The arbitration will

be conducted by a single neutral arbitrator in the English language in Austin, Texas, unless we

both agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be

selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with

Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the

AAA’s Commercial Arbitration Rules and Mediation Procedures, in effect at the time of

submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by

calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any

dispute relating to the interpretation, construction, validity, applicability, or enforceability of

these Terms of Use, the Privacy Policy, this arbitration provision, and any other terms

incorporated by reference into these Terms of Use. The arbitrator shall have the exclusive and

sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the

exclusive and sole authority to determine whether this arbitration agreement can be enforced

against a non-signatory to this agreement and whether a non-signatory to this agreement can

enforce this provision against you, your business or Gym Launch.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules.

In all other respects, and regardless of which party partially or fully prevails, the parties shall

each pay their own additional fees, costs, and expenses, including, but not limited to, those for

any attorneys, experts, documents, and witnesses.

The arbitrator shall follow the substantive law of the State of Texas without regard to its conflicts

of laws principles. Any award rendered shall include a confidential written opinion and shall be

final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.

Judgment on the award rendered by the arbitrator may be entered in any court of competent

jurisdiction.

You, your business, and Gym Launch agree that disputes will only be arbitrated on an individual

basis and shall not be consolidated on a class wide or other representative basis, nor consolidated

with any other arbitration(s) or other proceedings that involve any claim or controversy of any

other party. You, your business, and Gym Launch expressly waive any right to pursue any class

or other representative action against each other.

Failure or any delay in enforcing this arbitration provision in connection with any particular

claim will not constitute a waiver of any rights to require arbitration at a later time or in

connection with any other claims except that all claims must be brought within 1 year after the

claim arises (the 1 year period includes the 120-day informal resolution procedures described

above).

This arbitration provision sets forth the terms and conditions of our agreement to final and

binding confidential arbitration and is governed by and enforceable under the Federal Arbitration

Act, 9 U.S.C. §§ 1-16, as amended.

This provision survives termination of your account or relationship with Gym Launch,

bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable ( i.e. ,

unenforceability would allow arbitration to proceed as a class or representative action), then this

entire arbitration provision shall be rendered null and void and shall not apply. If a portion of

this arbitration provision (other than the class action waiver) is deemed unenforceable, the

remaining portions of this arbitration provision shall remain in full force and effect.

YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT

TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR

CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER,

YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY

AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN

ACCORDANCE WITH THIS ARBITRATION PROVISION.

Should either party file an action contrary to this provision, the other party may recover

attorney’s fees and costs up to $5,000.00.

SECTION 12 – GYM LAUNCH’S ADDITIONAL REMEDIES

In order to prevent or limit irreparable injury to Gym Launch, in the event of any breach or

threatened breach by you or your business of the provisions of this Agreement or any

infringement or threatened infringement by you or your business of the intellectual property of

Gym Launch or a third-party, Gym Launch shall be entitled to seek a temporary restraining order

and preliminary and permanent injunctions or other equitable relief from a court of competent

jurisdiction located in Austin, Texas enjoining such breach, threatened breach, infringement, or

threatened infringement. Nothing in this Agreement shall be construed as prohibiting Gym

Launch from pursuing in court any other remedies available to it for such breach, threatened

breach, infringement, or threatened infringement, including the recovery of monetary damages

from you and your business. You and your business hereby irrevocably consent to the exclusive

personal jurisdiction of, and exclusive venue in, the courts of Austin, Texas for all such claims,

and forever waive any challenge to said courts’ exclusive jurisdiction or venue.

SECTION 13 – INDEMNIFICATION

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Gym

Launch, its directors, officers, employees, shareholders, licensors, independent contractors,

subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against

any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind,

including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution,

arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or

attempt to use the Website, information, services, or products, (2) information you submit or

transmit through the Website, (3) your breach of these Terms, the documents they incorporate by

reference, the Agreement, or the representations and warranties provided by you in this

Agreement, or (4) your violation of any law or the rights of a third-party.

SECTION 14 – NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT AGENT

If you believe that materials or content available on any Gym Launch Secrets website infringes

any copyright you own, you or your agent may send Gym Launch Secrets a notice requesting

that Gym Launch Secrets remove the materials or content from the Gym Launch Secrets website.

If you believe that someone has wrongly filed a notice of copyright infringement against you,

you may send Gym Launch Secrets a counter-notice. Notices and counter-notices should be sent

to

Gym Launch Secrets

c/o Paracorp Incorporated

3610-2 N. Josey Lane #223

Carrollton, TX 75007

or by email to legal@gymlaunchsecrets.com .

SECTION 15 – THIRD-PARTY LINKS

The Website may contain links to other websites. Gym Launch assumes no responsibility for the

content or functionality of any non-Gym Launch website to which we provide a link. Please see

our Privacy Policy for more details.

SECTION 16 – TERMINATION

This Agreement will take effect (or shall re-take effect) at the time you click “SUBMIT,” “I

ACCEPT,” “I AGREE,” or similar links or buttons, otherwise submit information through the

Website, respond to a request for information, or begin installing, accessing, or using the

Website, whichever is earliest. If, in our sole discretion, you or your business fail, or we suspect

that you or your business have failed, to comply with any term or provision of the Agreement,

we may terminate the Agreement or suspend your and your business’s access to the Website at

any time without notice. Sections 6, 16 through 20, and 25 through 32 of this Agreement, as

well as any representations, warranties, and other obligations made or undertaken by you, shall

survive the termination of this Agreement and/or your account or relationship with Gym Launch.

Sections 6 through 13, 15, and 17 through 24 of this Agreement, as well as any representations,

warranties, and other obligations made or undertaken by you and/or your business, shall survive

the termination of this Agreement and/or your or your business’s account or relationship with

Gym Launch.

Upon termination, you and your business remain responsible for any outstanding payments to

Gym Launch on a non-prorated basis.

SECTION 17 – NO WAIVER

No failure or delay on the part of Gym Launch in exercising any right, power or remedy under

this Agreement may operate as a waiver, nor may any single or partial exercise of any such right,

power, or remedy preclude any other or further exercise of such right, power, or remedy, or the

exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or

obligation under this Agreement shall only be effective if in writing and signed by Gym Launch.

SECTION 18 – GOVERNING LAW AND VENUE

This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or

your or your business’s access to or use of the Website, our Privacy Policy, or any matter

concerning Gym Launch shall be governed exclusively by the laws of the State of Texas without

regard to its conflicts of laws principles. To the extent that any claim or dispute is found by the

arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration

agreement in Section 11 above, the parties agree any such claim or dispute shall be exclusively

brought in and decided by the state or federal courts located in Austin, Texas, and you hereby

irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts,

and forever waive any challenge to said courts’ exclusive jurisdiction or venue. All such claims

must be brought on an individual and non-class, non-representative basis, and you forever waive

any right to bring such claims on a class wide or representative basis. The parties will bear their

own respective costs and attorneys’ fees, regardless of which party prevails.

SECTION 19 – FORCE MAJEURE

Gym Launch Secrets will not be responsible to you for any delay, damage, or failure caused by

or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event”

shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or

civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or

state laws, rules and regulations of any governmental authorities having jurisdiction over the

premises, inability to procure material, equipment, or necessary labor in the open market, acute

and unusual labor, material, or equipment shortages, or any other causes beyond the control of

Gym Launch Secrets. Delays due to any of the above causes shall not be deemed to be a breach

of or failure to perform under this Agreement. Gym Launch Secrets shall not be required against

its will to adjust any labor or other similar dispute except in accordance with applicable law.

SECTION 20 – ASSIGNMENT

Gym Launch may assign its rights under this Agreement at any time, without notice. Your and

your business’s rights and obligations under this Agreement cannot be assigned without Gym

Launch’s (or its assigns’) express written consent.

SECTION 21 – ELECTRONIC SIGNATURE

All information communicated on the Website is considered an electronic communication. You

and your business agree that we may communicate electronically with you and that such

communications, as well as notices, disclosures, agreements, and other communications that we

provide to you electronically, are equivalent to communications in writing and shall have the

same force and effect as if they were in writing and signed by the party sending the

communication.

SECTION 22 – CHANGES TO THE AGREEMENT

You can review the most current version of the Terms at any time at

https://gymlaunch.com/terms-of-use. We reserve the right, at our sole discretion, to update,

change or replace any part of the Agreement, including the Privacy Policy by posting updates

and changes to our Website. It is your responsibility to check our Website periodically for

changes. Your and your business’s continued use of or access to our Website following the

posting of any changes to the Agreement constitutes acceptance of those changes.

SECTION 23 – SEVERABILITY

If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent

jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby

and shall continue in full force and effect and such provision may be modified or severed from

this Agreement to the extent necessary to make such provision enforceable and consistent with

the remainder of the Agreement.

SECTION 24 – ENTIRE AGREEMENT

These Terms, the Agreement, and any policies or operating rules posted by us on the Website or

in respect to the Website constitutes the entire agreement and understanding between you and

your business and Gym Launch, and supersedes and replaces any prior or contemporaneous

agreements, representations, communications, and proposals, whether oral or written. We may

also, in the future, offer new services and/or features through the Website. Such new features

and/or services shall also be subject to these Terms, the Agreement, and any policies or operating

rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the

Agreement shall not be construed against the drafting party.

SECTION 25 – CONTACTING US

We encourage our clients to contact us with questions or comments about our products and

services. Please feel free to do so by sending an e-mail to support@gymlaunchsecrets.com .

If you have any questions or inquiries concerning any of the Terms, you may contact Gym

Launch by e-mail at legal@gymlaunchsecrets.com or by regular mail at:

Gym Launch Secrets

c/o Paracorp Incorporated

3610-2 N. Josey Lane #223

Carrollton, TX 75007

Notices to you may be made by posting a notice (or a link to a notice) on

https://gymlaunch.com/terms-of-use, by e-mail, or by regular mail, at Gym Launch’s discretion.

Copyright 2019 – Gym Launch Secrets LLC – All Rights Reserved

 

PP

 

1. Introduction

This Privacy Policy describes the information and data collection, storage, and use practices and

policies of Gym Launch Secrets LLC (“Gym Launch,” “Gym Launch Secrets,” “we,” “our,”

“us”) on the website at gymlaunch.com (along with all subdomains, collectively, the “Website”).

This Privacy Policy is only applicable to the Website and not to any other websites that you may

be able to access from the Website, each of which may have data collection, storage, and use

practices and policies that differ materially from this Privacy Policy. When you leave the

Website via a link to another website, you are subject to that site’s Privacy Policy, Terms of Use,

and other policies (“Third Party website policies”) applicable to that site and you should review

the Third Party website policies.

2. Information Collection and Use Practices

i. Types of Information Collected

Gym Launch may collect two different types of information, Personally Identifiable Information

(“PII”) and Non-Personally Identifiable Information (“Non-PII”). PII and Non-PII may be

collected anytime you access or use a Gym Launch website, including this Website. PII and

Non-PII may also be collected by Gym Launch during in-person discussions, telephone

conversations, and electronic or other written communications.

Personally Identifiable Information Collected : In order for you to access and use the services

offered through the Websites, we may require you to provide information that identifies you as

an individual ( i.e. , “PII”). PII may include the following categories of information: (1) Contact

Data (such as your name, mailing address, email address, and phone number(s)); (2) Financial

Data (such as your account or credit card number); and (3) Demographic Data (such as your zip

code and age). If you communicate with us by email, post messages to any of our chat groups,

bulletin boards, or forums, or otherwise complete online forms or surveys, any information

provided may be collected as PII.

Non-Personally Identifiable Information Collected : We may automatically track and collect the

following categories of information when you visit our Website: (1) IP addresses; (2) domain

servers; (3) types of computers accessing the Website; and (4) types of web browsers used to

access the Website (collectively “Non-PII”). Non-PII is anonymous information that does not

personally identify you but is helpful for improving your experience on the Website.

ii. Uses of Information Collected

Gym Launch uses PII to respond to your inquiries, provide you with services you have

requested, keep you informed of services and products Gym Launch thinks may be of interest to

you, and otherwise personalize your experience with Gym Launch, among other reasons. Gym

Launch does not sell or lease PII about you to others.

iii. Technology We May Use: Cookies, Web Beacons, and Clear Gifs

Cookies and web beacons are small text files that are stored on your computer when you visit

certain web pages. Gym Launch collects information through cookies and web beacons about

your web browsing activities such as the address of the page you are visiting, the address of the

referrer page you previously visited, the time you are viewing the page, your browsing

environment, and your display settings. We may use cookies and web beacons on our Website

for the following purposes:

  • Understanding traffic patterns and the number of visitors to the Website and other

websites that we partner with;

  • Understanding how you use and interact with the Website;
  • Improving Gym Launch’s services and products;
  • Optimizing your experience on the Website;
  • Providing anonymous individual or aggregate auditing, research, modeling, and reporting

for our advertisers and other partners;

  • Storing your password so you do not have to re-enter it each time you visit the Website;
  • Providing you with relevant advertising and content; and
  • Managing our Website.

Clear Gifs are tiny graphics with a unique identifier, similar in function to cookies, used to track

the online movements of Website visitors.

Please note that cookies, web beacons and clear gifs may be placed by a third party service

provider who performs these functions for us. These third parties may have their own privacy

policies.

Gym Launch does not use cookies, web beacons, or clear gifs to collect or store any PII.

iv. Sharing of Personal Information

Gym Launch may share PII with Gym Launch affiliates, advertisers, and third parties contracting

with Gym Launch to provide services to you. The other parties with whom we share PII may

send information to you about other products or services. We do not share your Financial Data

with these third parties. We may share Financial Data with business partners who assist us by

performing core services (such as hosting, billing, fulfillment, or data storage and security)

related to our operation of the Website and provision of services. Those business partners agree

to uphold the same standards of security and confidentiality described in this Privacy Policy, and

they will only use your Financial Data to carry out their specific business obligations to Gym

Launch.

If you do not want us to share your PII with any third parties, please email us at

itsystems@gymlaunchsecrets.com .

If we or some or all of our assets are acquired by another company, including through a sale in

connection with a bankruptcy, that company will possess the information collected by us, and it

will assume the rights and obligations regarding your PII as described in this Privacy Policy.

We may disclose PII or other data to comply with the law or legal requirements, enforce or apply

our Terms of Use and other agreements, or protect our rights, property, the safety of our users, or

others.

Because Non-PII does not personally identify You, Gym Launch reserves the right to use and

disclose to third parties Non-PII for any purpose.

v. Interest-Based Ads

We may also may share Non-PII with advertisers and other third parties who may use it for

advertising purposes, including to serve targeted advertising on non-affiliated third party sites.

Some of those ads may be personalized, meaning that they are intended to be relevant to you

based on information about your online activities on the Website or other websites over time.

For example, anonymous information collected across multiple sites may enable the ad network

to predict your preferences and show you ads that are likely to be of interest to you. Please note

that we do not share any information that identifies you personally with the third party service

providers who serve ads on our behalf. To opt out of these types of ads, please visit the Network

Advertising Initiative (“NAI”) for information about how to opt-out of interest-based advertising

by their members. See http://www.networkadvertising.org for general information about the NAI

and http://www.networkadvertising.org/managing/opt_out.asp for the opt-out page. You may

also visit http://www.aboutads.info/consumers/ to learn about interest-based advertising and how

to opt-out from online behavioral ads served by some or all participating companies.

vi. Email Marketing

By submitting your email address through the Website, you are expressly consenting to receive

emails from Gym Launch, including from Gym Launch’s affiliates, and from third parties

concerning offers and advertisements unrelated to Gym Launch. To opt-out of receiving email

messages from us, from our affiliates or from other third parties, click on the “Unsubscribe” link

contained in each email. Please allow up to 10 business days for us to process your request.

Please note that if you decide not to receive marketing emails from us, you may still receive

transactional email messages regarding your account. If you have questions or concerns

regarding this provision, please contact us at itsystems@gymlaunchsecrets.com .

3. Confidentiality and Security of Personal Information

i. User Ability to Access, Update, and Correct PII

At any time you may contact Gym Launch via email at itsystems@gymlaunchsecrets.com to

update your PII or request that your PII no longer be shared by Gym Launch. In the case that

your user name or password is lost, stolen, or used without permission, promptly contact Gym

Launch at support@gymlaunchsecrets.com to update the PII we have on file for you.

ii. Your California Privacy Rights

As described in this Privacy Policy, from time to time we may make your personal information

available to third parties for their marketing purposes. California law permits individuals who

are California residents to request certain information about our disclosure of personal

information to third parties for direct marketing purposes. If you are a California resident and

would like to make such a request, please submit your request in writing to

itsystems@gymlaunchsecrets.com . If you do not want us to share your personal information

with third parties, you may opt-out of this information sharing by emailing us at

itsystems@gymlaunchsecrets.com . In accordance with California Civil Code Sec. 1789.3,

California resident users are entitled to know that they may file grievances and complaints with

the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N112,

Sacramento, CA 95834; or by phone at 916-445-1254 or 800-952-5210; or by email to

dca@dca.ca.gov.

iii. Security

Gym Launch maintains reasonable physical, administrative and technical safeguards to protect

PII from loss, misuse, or unauthorized access, disclosure, alteration or destruction. However, no

system is 100% secure. Gym Launch enforces its Privacy Policy via self-assessment.

4. Third-Party Links and Public Information

Except where expressly stated by Gym Launch, Gym Launch is not affiliated or associated with

operators of any third party websites that link to or are linked from any Gym Launch-maintained

website, including this Website. Please review the Third Party website policies of each site you

visit.

Gym Launch disclaims any responsibility for the accuracy or content of information found on

third party websites that link to or are linked from any Gym Launch website, including this

Website. Gym Launch disclaims any responsibility for the security of any information (including

without limitation PII and Financial Data) that you may provide to any third party. We may also

may make chat rooms, forums, message boards, and news groups available to you. Please

understand that any information that is disclosed in these areas becomes accessible to the public.

You should exercise caution when deciding to disclose your PII in a public forum.

5. Updates and Changes to Privacy Policy

We reserve the right, at any time and without notice, to update or modify this Privacy Policy,

simply by posting such update or modification on the Website. Any such change, update, or

modification will be effective immediately upon posting on the Website. You consent to such

changes through your continued use of the Website.

If you have questions about this Privacy Policy or want to contact us, please send an email to

itsystems@gymlaunchsecrets.com or write to us at:

Gym Launch Secrets, LLC

c/o Paracorp Incorporated

3610-2 N. Josey Lane #223

Carrollton, TX 75007

Copyright 2019 – Gym Launch Secrets LLC – All Rights Reserved