Thank you for choosing Just(in)WOW, LLC d/b/a W.O.W. Wonders On Wheels (“W.O.W.” or “we”)) as your virtual fitness provider. Each time you utilize the W.O.W. Virtual Wellness Platform, you are agreeing to the W.O.W. Terms & Conditions of Service, as set forth herein (these “Terms & Conditions”). Please review each item in these Terms and Conditions, as they contain important information regarding your legal rights and obligations.

These Terms & Conditions apply to any use of and access to the services provided by W.O.W. (the “Services” or “W.O.W. Services”). By accessing or using the Services, you are indicating that you have read these Terms & Conditions and agree to be bound thereby. If you do not agree with all the Terms & Conditions, you may not use the Services. Certain elements of the Services may be subject to additional terms and conditions specified from time to time; your use of those elements of the Services will be subject to those additional terms and conditions, which are incorporated into these Terms & Conditions by this reference.

These Terms & Conditions shall become effective on the earlier of (a) the date you accept these Terms & Conditions by clicking the “I Agree” button or otherwise indicate that you accept these Terms & Conditions, or (b) the date that you first access the Services.

The English language version of these Terms & Conditions and any other notice or other document relating to these Terms & Conditions shall prevail if there is a conflict.

1. Who May Use the W.O.W. Services

Age Requirement. 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 W.O.W. Services. However, minors may participate in live-stream classes and on-demand personal training, provided that

a. they and their parent/guardian have signed a W.O.W. waiver and release;

b. they are at least 13 years old

We may, in our sole discretion, (i) refuse to offer the W.O.W. Services to any person or entity, or (ii) change the eligibility criteria at any time. You are solely responsible for ensuring that you are and remain in compliance with all laws, rules and regulations applicable to you, and your right to access and use the W.O.W. Services is revoked where these Terms & Conditions or your use of the W.O.W. Services are prohibited or conflict with any applicable law, rule or regulation. Further, the W.O.W. Services are offered only for your personal, non-commercial use, and not for the use or benefit of any third party.

2. License to Use the W.O.W. Services and Virtual Wellness Platform

License. Subject to your compliance with these Terms & Conditions, and solely for so long as you are permitted by us to access and use the W.O.W. Virtual Wellness Platform, W.O.W. grants you a limited, non-transferable, non-exclusive, revocable right and license to access and use the W.O.W. Services 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 (defined below) available on the W.O.W. Virtual Wellness Platform, and the right to download 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 grant is subject to you agreeing to and abiding by these Terms & Conditions. This license will remain in effect unless and until you violate these Terms & Conditions or this license is terminated by you or W.O.W.

3. Privacy Policy

Your privacy is important and we are committed to maintaining your trust. Just(in)WOW, LLC d/b/a W.O.W. Wonders On Wheels (“W.O.W.” or “we”)) have adopted this Privacy Policy to let you know how we treat the information that we collect from you online and offline, the kinds of information we may collect, how that information is used, with whom we share it and how you can opt-out of a use or correct or change such information.

1.      How We Collect/Treat Information We Collect

This Privacy Policy applies to the personal information we process through the W.O.W. Website, our Social Media Pages, and through other products and services offered through other venues, websites or mobile applications that direct you to this privacy policy. These are collectively referred to as the “W.O.W. Services” or “Services”. “Process” or “Processing” means any operation which is performed upon Personal Information, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.

As a “User” who interacts with the Services, this privacy policy serves as notice on or before the point of collection for all information described below.

2.      Types of Information We Collect

Information that may be obtained during the use of the W.O.W. Services may include:

·        Personal Information - any information relating to an identified or identifiable natural person:

o   Name, email address, mailing address, phone number, emergency contact information, date of birth, education, nationality

·        Location or geolocational data (mobile devices)

·        Financial information or financial and transaction data (e.g., purchase history, account information, shipping and billing information, including credit card information etc.)

·        Online identifiers (e.g. IP address, device IDs, Cookies & Cookie Identifiers, etc.)

·        Other Services-related data (e.g., customer inquiries/requests, customer statistics)

We collect information about you whenever you use the W.O.W. Services, including information you provide directly to us. When you use the Services, contact us directly, or engage in certain activities, such as registering for an account with W.O.W., purchasing W.O.W. products or Services from us, using our fitness equipment or participating in a live stream class, we may ask you to provide some or all of the following types of information:

·        User Profiles. When you use W.O.W. Services, you will be given the opportunity to create a “user profile,” and when you do so we may ask you to provide information about yourself such as a username, email address, weight, height, age, location, birthday, phone number and image or avatar. Only your email address and username are required to set up a user profile; the rest of the information that you may provide is optional. Once your user profile is created, anytime you log in to participate in a member service, we will collect additional information and add it to your User Profile, such as the total number of classes taken, the dates you took those classes, and any other information that may be available from time to time. You acknowledge that your user profile information may be personal to you, and by creating an account and providing such information through the use of our Services, you allow others, including W.O.W., to identify you and therefore you may not be anonymous.

·        Other User Information. W.O.W. may also collect other information from you because of your use of the Services, such as live stream attendance history, purchase history, fitness, and health related information. We may associate this information with other Personal Information that you have provided in order to improve and provide the Services and as otherwise described in this Privacy Policy.

·        Voice and Likeness. We may capture your visual image, likeness, and voice recording (e.g., via photographs and/or video) in live stream classes and/or call our member support or inside sales teams. We record and store member support and sales calls to train support and sales agents to help resolve member questions, for quality purposes and as required by law. Additionally, the W.O.W. Virtual Wellness Platform may contain a camera, microphone, and voice control features. These features are in use only when activated by you, for example, to take a W.O.W. user profile photo, to attend a live stream class, or to initiate or accept a video chat from another user.

·        Communications with Us. We may collect Personal Information from you such as your email address, phone number or mailing address, when you choose to request information about our Services or register to receive W.O.W. communications over email or text messaging, participate in promotions, or loyalty programs that we may offer from time to time, request to receive member or technical support or otherwise communicate with us.

·        Surveys and Reviews. From time to time, we (or third parties acting on our behalf) may contact you to participate in research, surveys, or beta testing or to provide reviews and testimonials. If you decide to participate, you may be asked to provide certain information, which may include Personal Information. All information collected from your participation in our research, surveys, reviews or testimonial process, or beta testing is provided by you voluntarily. We may use such information to improve our products, our Site and/or Services, and in any manner consistent with this Privacy Policy.

·        Posting on the W.O.W. or Third-Party Services. W.O.W. may offer publicly accessible blogs, social media pages, product review pages, private messages, video chat or community forums. You should be aware that, when you disclose information about yourself on W.O.W.’s blogs, social media pages, product review pages, private messages, community forums, and within video chat sessions, W.O.W. will collect the information you provide in such submissions, including any Personal Information. If you choose to submit content, including reviews, to any public area of the Services or on any public sites operated by third parties, such content will be considered “public” and will not be subject to the privacy protections provided in this Privacy Policy.

·        Registration for Contests. Occasionally, W.O.W. may run contests. We ask those who enter contests to provide contact information (e.g., a phone number or an email address). If you participate in a contest, your contact information may be used to reach you about the contest, and, to the extent permitted by law, for other promotional, marketing and business purposes. In compliance with the laws of your jurisdiction, as a participant you may have the opportunity to opt-out of any communications that are not related to awarding prizes.

·        Location Information. Based on your interaction with the Services, the type of device you use to access the Services, and your device’s connectivity, we may collect location-based information including your Internet protocol (IP) address, GPS location, longitude/latitude, city, county, zip code and region, and your location and your smart device’s proximity to “beacons,” Bluetooth networks and/or other proximity systems. We may use this type of information to enhance your user experience to better understand your interaction with our products and services. Unless you provide us with your consent to do otherwise, this information will only be used by us and our third party service providers to provide you with the Services you request or in an aggregated and anonymized format that does not identify you. If you no longer wish to have this location information collected and used by us, you may opt-out by disabling the location and Bluetooth features in the operating system of your device.

·        Automatic Data Collection. We may collect certain information automatically through our Services or other methods of web analysis, such as your IP address, cookie identifiers, mobile carrier, mobile advertising identifiers, MAC address, IMEI, Advertiser ID, and other device identifiers that are automatically assigned to your computer or device when you access the Internet, browser type and language, geo-location information, hardware type, operating system, Internet service provider, pages that you visit before and after using the Services, the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the Services, and other actions taken through use of the Services such as preferences.

·        Information Submitted Via Services. You agree that W.O.W. is free to use the content of any communications submitted by you via the Services, including any ideas, inventions, concepts, techniques, or know-how disclosed as part of that content, for any purpose including developing, manufacturing and/or marketing goods or Services. W.O.W. will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless:

a.   you grant us permission to do so;

b.   we first send notice to you that the materials or other information you submit to a particular part of the Services will be published or otherwise used with your name on it; or

c.   we are required to do so by law.

·        Information from Other Sources. We may receive information about you from other sources, including through third party services and organizations, to supplement information provided by you. For example, if you access our Services through a third party application, such as the Apple App Store or Google Play App Store (together with any similar applications, “App Stores”) or social media sites such as Facebook, we may collect information about you from that third party application that you have made public via your privacy settings. Information we collect through App Stores or social media accounts may include your name, your social media site user identification number, your user name, location, gender, birth date, email, profile picture and your social media contacts. This supplemental information allows us to verify information that you have provided to W.O.W. and to enhance our ability to provide you with information about our business, products, and Services.

3. Cookies, Pixel Tags/Web Beacons, Analytics Information and Internet-Based Advertising

We, as well as third parties that provide content, advertising or other functionality on our Services, may use cookies, pixel tags, local storage and other technologies (“Technologies”) to automatically collect information through the Services. We use Technologies that are essentially small data files placed on your computer, tablet, mobile phone or other devices that allow us to record certain pieces of information whenever you visit or interact with our website, services, applications, messaging and tools, and to recognize you across devices.

·        Cookies. Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Site may not work properly.

·        Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded on the Site that collects information about users’ engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement.

·        Social Media Widgets. Social media features such as links to Facebook, Instagram, Twitter, YouTube and LinkedIn (that might include widgets, such as, the share this button or other interactive mini-programs). These features may collect your IP address, which page you are visiting on the Site and may set a cookie to enable the feature to function properly. These social media features are either hosted by a third party or hosted directly on the Site. Your interactions with these features are governed by the privacy policy of the company providing it.

Our uses of such Technologies fall into the following general categories:

·        Operationally Necessary. We may use Technologies that are necessary to the operation of our Site, Services, applications, and tools. This includes Technologies that allow you access to our Site, Services, applications, and tools; that are required to identify irregular site behavior, prevent fraudulent activity and improve security; or that allow you to make use of functions such as shopping carts, saved search or similar functions;

·        Performance Related. We may use Technologies to assess the performance of our Site, applications, Services and tools, including as part of our analytic practices to help us understand how our visitors use our Site, determine if you have interacted with our messaging, determine whether you have viewed an item or link, or to improve our website content, applications, services or tools;

·        Functionality Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Sites, Services, applications, or tools. This may include identifying you when you sign into our Sites or keeping track of your specified preferences, interests or past items viewed so that we may enhance the presentation of content on our Sites;

·        Advertising or Targeting Related. We may use first-party or third party cookies and web beacons to deliver content, including ads relevant to your interests, on our Sites or on third party sites. This includes using technologies to understand the usefulness to you of the advertisements and content that has been delivered to you, such as whether you have clicked on an advertisement.

·        Opt-out. If you would like to opt-out of the Technologies we employ on our Sites, Services, applications, or tools, you may do so by blocking, deleting, or disabling them as your browser or device permits. Please note that blocking, deleting, or disabling these Technologies will affect the functionality of our Sites, Services, applications, and tools, and may prevent you from being able to access certain features.

4. Third-Party Websites & Social Media Platforms

A “Third-Party” is any company, natural or legal person, public authority, agency, or body other than the Individual, W.O.W. or W.O.W.’s agents. The Service may contain links to other websites and other websites may reference or link to the W.O.W. Site or other Services. These other domains and websites are not controlled by us, and W.O.W. does not endorse or make any representations about third party websites or social media platforms. We encourage you to read the privacy policies of each and every website and application with which you interact. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting other websites or applications is at your own risk. W.O.W.’s Services may include publicly accessible blogs, community forums, message boards, private messaging or live stream features. The Services may also contain links and interactive features with various social media or music platforms (e.g., widgets). If you already use these platforms, their Cookies may be set on your device when using the Services. You should be aware that Personal Information that you voluntarily include and transmit online in a publicly accessible blog, live stream session, social media platform or otherwise online, or that you share in an open forum, may be viewed and used by others without any restrictions. We are unable to control such uses of your information when you interact with a third party platform, and by using such services you assume the risk that the Personal Information provided by you may be viewed and used by third parties for any number of purposes.

THIRD-PARTY PAYMENT PROCESSING

When you make purchases through the Services, we Process your payments through a third-party application, such as an App Store or, in the case of online purchases, via a Third-Party payment processor. In these instances, the third party application may collect certain financial information from you to Process a payment on behalf of W.O.W., including your name, email address, address and other billing information in which case the use and storage of your financial information is governed by the third party app’s terms, conditions and privacy policies. If you apply for or otherwise take part in a financing offer through one of our financing partners, you will be asked to provide information (which may include financial information) to that financing partner, either directly or through the Services. The use of that information by the financing partner will be subject to the financing partner’s terms, conditions and privacy policies. Our treatment of any financial information that we may Process on your behalf, or that we receive from our financing partners or payment processors, is subject to this Privacy Policy.

5.     Opt-Out

EMAIL, TEXT, AND TELEPHONE COMMUNICATIONS

You can unsubscribe from email, text, and phone communications at any time. To stop receiving our promotional emails, follow the unsubscribe instructions in the email messages you receive from us. To opt-out of receiving text messages, follow the opt-out instructions in the text messages that you receive from us. We will process your request within a reasonable time after receipt, in accordance with applicable laws. Note that you will continue to receive transaction-related emails regarding products or services you have requested. We may also send you certain non-promotional communications regarding W.O.W. and our Services and, to the extent permitted by law, you will not be able to opt-out of those communications (e.g., communications regarding updates to our Terms & Conditions or this Privacy Policy).

We maintain “do-not-call” and “do-not-mail” lists as mandated by law. We process requests to be placed on do-not-mail, do-not-phone and do-not-contact lists within 60 days after receipt, or such shorter time as may be required by law.

MOBILE DEVICES

W.O.W. may occasionally send you push notifications through our Apps with updates, achievements and other notices that may be of interest to you. You may at any time opt-out from receiving these types of communications by changing the settings on your device. W.O.W. may also collect location-based information if you use our Apps. You may opt-out of this collection by changing the settings on your device.

“DO NOT TRACK”

Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

COOKIES AND INTEREST-BASED ADVERTISING

As noted above, you may stop or restrict the placement of Cookies on your computer or remove them from your browser by adjusting your web browser preferences. Please note that Cookie-based opt-outs are not effective on mobile applications. However, on many mobile devices, application users may opt-out of certain mobile advertisements via their device settings.

The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from our data partners and our other advertising partners that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, www.youronlinechoices.eu/ or www.youradchoices.ca/, and www.aboutads.info/choices/. You can also choose not to be included in Google Analytics here.

To be clear, whether you are using our opt-out or an online industry opt-out, these Cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. For example, if you have opted-out on your computer browser, that opt-out will not be effective on your mobile device. You must separately opt-out on each device. Advertisements on third party websites that contain the AdChoices link, and that link to this Privacy Policy, may have been directed to you based on anonymous, non-Personal Information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt-out of the advertising partners’ use of this information for interest-based advertising purposes.

6.     How We Share

We may share your information as described in this Privacy Policy (e.g., with our third party service providers; to comply with legal obligations; to enhance the Services, to protect and defend our rights and property) or with your permission. We use vendors and service providers. We may share any information we receive with vendors and service providers. The types of service providers to whom we entrust Personal Information include service providers for:

i.    provision of IT, analytics and related services;

ii.   provision of information and services you have requested;

iii.  payment processing;

iv.  customer service activities such as member support and deliveries; and

·        Business Partners. W.O.W. may share Personal Information with our business partners and affiliates for our and our affiliates’ internal business purposes or to provide you with a product or service that you have requested. W.O.W. may also provide Personal Information to business partners with whom we may jointly offer products or services, or whose products or services we believe may be of interest to you. In such cases, our business partner’s name will appear, along with W.O.W.

·        Displaying to Other Users. Any content you post to the Services may be displayed on the Services. Other users of the Services may be able to see some information about you, such as your name if you submit a review or provide a testimonial to our Site. We are not responsible for the privacy practices of the other users who view and use posted information.

·        Marketing-Interest-Based Advertising and Third-Party Marketing. W.O.W. may allow third-party advertising partners to set tracking tools (e.g., cookies) to collect information regarding your activities on our Sites (e.g., your IP address, page(s) visited, time of day). We may also share such de-identified information as well as selected Personal Information (such as demographic information and past purchase history) we have collected with third party advertising partners. These advertising partners may use this information (and similar information collected from other companies) for purposes of delivering targeted advertisements to you when you visit non-W.O.W. related websites within their networks. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising”. We may allow access to other data collected by the Site to facilitate transmittal of information that may be useful, relevant, valuable, or otherwise of interest to you.

·        Disclosures to Protect Us or Others (e.g., as Required by Law and Similar Disclosures)). We may access, preserve, and disclose your Personal Information, other account information and content if we believe doing so is required or appropriate:

i.    to comply with law enforcement or national security requests and legal process, such as, a court order or subpoena;

ii.   to respond to your requests;

iii.  to protect yours, ours or others’ rights, property or safety;

iv.  to enforce W.O.W. policies or contracts;

v.   to collect amounts owed to W.O.W.;

vi.  to comply with records retention policies;

vii. when we believe access, preservation, or disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or

viii.if we, in good faith, believe that access, preservation, or disclosure is otherwise necessary or advisable. In addition, from time to time, server logs may be reviewed for security purposes – e.g., to detect unauthorized activity on the Services. In such cases, server log data containing IP addresses may be shared with law enforcement bodies in order to allow them to identify users in connection with their investigation of the unauthorized activities.

·        Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing, reorganization, bankruptcy, receivership, sale of company assets or transition of service to another provider, then your information may be sold or transferred as part of such a transaction as permitted by law and/or contract. In such event, W.O.W. will endeavor to direct the transferee to use Personal Information in a manner that is consistent with the Privacy Policy in effect at the time such Personal Information was collected.

INTERNATIONAL DATA TRANSFERS

You agree that all Personal Information collected via or by W.O.W. may be transferred, Processed and stored anywhere in the world, including but not limited to, the United States, Canada, the European Union, in the cloud, on our servers, on the servers of our affiliates or on the servers of our service providers. Your Personal Information may be accessible to law enforcement or other authorities as described above. By providing information to W.O.W., you explicitly consent to the storage of your Personal Information in these locations.

7.     RIGHTS OF ACCESS, RECTIFICATION, ERASURE, AND RESTRICTION

·        Residents of the European Union or the UK may submit a request through the GDPR Request Form.

·        Residents of California may submit a request through the CCPA Request Form.

·        For all other questions related to privacy, please contact wowwondersonwheels@gmail.com.

Although W.O.W. makes good faith efforts to provide Individuals with access to their Personal Information, there may be circumstances in which W.O.W. is unable to provide access, including but not limited to: where the information contains legal privilege, would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the Individual’s privacy in the case in question or where it is commercially proprietary. If W.O.W. determines that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, W.O.W. will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personal Information.

8.     Data Retention

W.O.W. retains the Personal Information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements and comply with applicable laws. When we are no longer required to retain your Personal Information as described above, we will destroy, erase, or de-identify it in accordance with our data retention policies and applicable law. Legal requirements, however, may require us to retain some or all the Personal Information we hold for a period of time that is longer than that for which we might otherwise hold it.

9.     Security of Your Information

We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. We maintain commercially reasonable administrative, technical, and physical safeguards (which vary depending on the sensitivity of the Personal Information) designed to protect against unauthorized use, disclosure, or access of Personal Information. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for unintentional disclosure. By using the Services or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Services. If we learn of a security breach, we may attempt to notify you electronically by posting a notice on the Services or sending an email to you. You may have a legal right to receive this notice in writing.

10.   NON-U.S. Users

By using the Services, you consent to W.O.W.’s transfer of your data to the United States. By choosing to visit the Site, use the Services, or otherwise provide information to us, you agree that any dispute over privacy or the terms contained in this Privacy Policy will, to the extent permitted by law, be governed by the laws of the State of New York, without regard to principles of conflicts of law. Any disputes arising in connection with this Privacy Policy will be handled in accordance with the dispute resolution provisions in the Terms & Conditions.

If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and to the Processing of your data globally. By providing your Personal Information, you consent to any transfer and Processing in accordance with this Privacy Policy.

11.   Children’s Privacy

Our Services are not directed to children under the age of 13. In addition, you are not permitted to use our Services if you do not meet the minimum age requirement applicable to our Services in your jurisdiction. We do not knowingly collect Personal Information from children under the age of 13. If you learn that your child has provided us with Personal Information without your consent, you may alert us at wowwondersonwheels@gmail.com.  If we learn that we have collected Personal Information of a child under the age of 13 (or under the age of 16 in certain jurisdictions, such as EU member countries) we will take steps to delete such information from our files as soon as possible and terminate the child’s account unless we receive verifiable parental consent.

12.   Redress Compliance and Accountability

If you have any questions about our privacy practices, this Privacy Policy, or how to submit a complaint with the appropriate authority, please contact W.O.W. by email at wowwondersonwheels@gmail.com or by mail at the below address. We will address your concerns and attempt to resolve any privacy issues in a timely manner.

WOW Wonder On Wheels

2532 E Adams Street #7

Phoenix, Arizona 85034

Attn: Legal Department

13.   Changes To Our Privacy Policy

This Privacy Policy may change from time to time. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you use the Services after the updated Privacy Policy is posted on the Services (as reflected in the above Effective Date). If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Services.

·        Revisions to the Privacy Policy. We may revise this Privacy Policy in our sole discretion, so please review it periodically. If you continue to visit the Site and use the Services after such changes have been made, you thereby provide your consent to the changes.

·        Posting of Revised Privacy Policy. If there are any material changes to this Privacy Policy, W.O.W. will notify you by email or as otherwise required by applicable law. We will post any adjustments to the Privacy Policy on this web page, and the revised version will be effective immediately when it is posted (or upon notice if applicable). If you are concerned about how your information is used, bookmark this page, and read this Privacy Policy periodically.

·        New Uses of Personal Information. Additionally, before we use Personal Information for any new purpose not originally authorized by you, we will endeavor to provide information regarding the new purpose and give you the opportunity to opt-out. Where consent of the Individual for the Processing of Personal Information is required by law or contract, W.O.W. will endeavor to comply with the law or contract.

4. Membership Registration Requirements

To enjoy full access to the W.O.W. Services, you must register as a member of the W.O.W. Virtual Wellness Platform to access our live and on-demand classes, content, and features (a “Membership”). You must provide complete and accurate registration information to W.O.W., complete the membership process, and notify us if any of your information changes. If you fail to keep your account information up to date, we may have to suspend or terminate your membership.

Profile Information and Picture. You may not use someone else’s name, or any name, location, other public profile information or image that violates any third party rights, is against the law, or that is offensive, obscene or otherwise objectionable (in W.O.W.‘s sole discretion).

Account Security. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You may not allow others to use your account. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using the W.O.W. Services. If you become aware of an unauthorized access to your account, change your password and notify our us immediately at wowwondersonwheels@gmail.com.  

5. Membership Information and Fees

W.O.W. will provide information on its then-current membership requirements on the W.O.W. website and/or by other means through the W.O.W. Services. Features and prices are subject to change.

6. Termination; Account Deletion

W.O.W. may, in W.O.W.’‘s sole discretion, suspend, disable, or delete your account (or any part thereof) or block or remove any User Content (defined below) that you submit, for any lawful reason, including if W.O.W. determines that you have violated these Terms & Conditions or that your conduct or User Content would tend to damage W.O.W.‘s reputation or goodwill. If W.O.W. deletes your account, you may not re-register for or use the W.O.W. Services under any other username or profile. W.O.W. may block your access to the W.O.W. Virtual Wellness Platform to prevent re-registration. Upon termination of these Terms & Conditions, all licenses granted by W.O.W. will terminate. In the event of account deletion for any reason, User Content may no longer be available, and W.O.W. will not be responsible for the deletion or loss of such User Content. For clarity, if you cancel your Membership or it is terminated for any reason, you will lose access to all live and on-demand classes and any other Content or features provided through the W.O.W. Virtual Wellness Platform. W.O.W., in its sole discretion, may make available a very limited amount of Content or features to non-members from time to time, and any use of that Content will be governed by these Terms & Conditions.

7. User Content

“Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the W.O.W. Virtual Wellness Platform. “User Content” means any content that users (including you) provide to be made available through the W.O.W. Virtual Wellness Platform. Content includes, without limitation, User Content.

Any User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with these Terms and with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the W.O.W. Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. To the full extent permitted by law, we make no representations, warranties or guarantees with respect to any Content that you access on or through the W.O.W. Virtual Wellness Platform.

As between you and W.O.W., you represent that you own (or have all rights necessary to grant W.O.W. the rights below to) all User Content that you submit to the W.O.W. Virtual Wellness Platform, and that W.O.W. will not need to obtain licenses from any third party or pay royalties to any third party in order to use such User Content. You hereby grant to W.O.W. a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Content (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content. You further grant all users of the W.O.W. Virtual Wellness Platform permission to view your User Content for their personal, non-commercial purposes. If you make suggestions to W.O.W. or through the W.O.W. Virtual Wellness Platform about improving or adding new features or products to the W.O.W. Virtual Wellness Platform or you otherwise provide feedback, product or service reviews or testimonials, you hereby grant to W.O.W. a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, modify, create derivative works based upon and otherwise exploit your suggestions, feedback, reviews and testimonials for any purpose (including for marketing), without any notice, compensation or other obligation to you.

You may remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed, and copies of your User Content may continue to exist on the W.O.W. Virtual Wellness Platform. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

8. General Prohibitions and W.O.W.‘s Enforcement Rights

You agree not to do any of the following:

1. Post, upload, publish, submit, or transmit any User Content or engage in any activity

that:

i.        infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;

ii.      violates, or encourages any conduct that would violate, any applicable law or

regulation or would give rise to civil liability;

iii.   is fraudulent, false, misleading or deceptive;

iv.   is defamatory, obscene, pornographic, vulgar or offensive;

v.   promotes discrimination, bigotry, racism, hatred, harassment or harm against any

individual or group;

vi.   is violent or threatening or promotes violence or actions that are threatening to any

person, animal, or entity;

vii. exploits minors or

viii. promotes illegal or harmful activities or substances;

2.   Use, display, mirror or frame the W.O.W. Services or any individual element within the W.O.W. Virtual Wellness Platform, W.O.W.‘s name, any W.O.W. trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without W.O.W.’‘s express written consent;

3. Access, tamper with, or use non-public areas of the W.O.W. Virtual Wellness Platform, W.O.W.’s computer systems, or the technical delivery systems of W.O.W.‘s providers;

4. Attempt to probe, scan or test the vulnerability of any W.O.W. Virtual Wellness Platform or network or breach any security or authentication measures;

5. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by W.O.W. or any of W.O.W.’s providers or any other third party (including another user) to protect the W.O.W. Virtual Wellness Platform or Content;

6. Bypass any territorial restrictions, including IP address-based restrictions, that may be

applied to the W.O.W. Virtual Wellness Platform;

7. Attempt to access, scrape or search the W.O.W. Virtual Wellness Platform or Content or download Content from the W.O.W. Virtual Wellness Platform, including through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools, plugins, add-ons or the like), other than the software and/or search agents provided by W.O.W. or other generally available third-party web browsers;

8. Send any unsolicited or unauthorized advertising, promotional materials, email, junk

mail, spam, chain letters or other form of solicitation;

9. Use any meta tags or other hidden text or metadata utilizing a W.O.W. trademark, logo

URL or product name without W.O.W.‘s express written consent;

10. Use the W.O.W. Virtual Wellness Platform or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms or permitted expressly in writing by W.O.W.;

11. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the W.O.W. Virtual Wellness Platform or Content to send altered, deceptive or false source-identifying information;

12. Attempt to decipher, decompile, disassemble or reverse engineer any of the software

used to provide the W.O.W. Virtual Wellness Platform or Content;

13. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the W.O.W. Virtual Wellness Platform;

14. Collect or store any personally identifiable information from the W.O.W. Virtual Wellness Platform from other users of the W.O.W. Virtual Wellness Platform without their express permission;

15. Copy, use, index, disclose or distribute any information or data obtained from the W.O.W. Virtual Wellness Platform, whether directly or through third parties (such as search engines), without W.O.W.‘s express written consent;

16. Alter, replicate, store, distribute or create derivatives from the Content available via the W.O.W. Virtual Wellness Platform except as expressly permitted in writing by W.O.W.;

17. Impersonate or misrepresent your affiliation with any person or entity;

18. Access, use or exploit the W.O.W. Virtual Wellness Platform in any manner (other than as expressly permitted by these Terms), including to build, develop (or commission the development of), replicate, or consult upon any product or Virtual Wellness Platform that may compete (directly or indirectly) with W.O.W. or the W.O.W. Virtual Wellness Platform;

19. Violate any applicable law or regulation; or

20. Encourage or enable any other individual to do any of the foregoing.

Although we are not obligated to monitor access to or use of the W.O.W. Virtual Wellness Platform or Content or to review or edit any User Content, we have the right to do so for the purpose of operating the W.O.W. Virtual Wellness Platform, to ensure compliance with these Terms & Conditions, to comply with applicable law or other legal requirements and to maintain the integrity and reputation of the W.O.W. Virtual Wellness Platform and W.O.W.‘s systems. We reserve the right, but are not obligated, to remove or disable access to any User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any User Content to be objectionable or in violation of these Terms & Conditions. We have the right to investigate violations of these Terms & Conditions or conduct that affects the W.O.W. Virtual Wellness Platform. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

9. Member Interactions, Dealings with Third Parties

When interacting with other W.O.W. members, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other people you do not know. Your participation, correspondence or personal or business dealings with any third party found on or through the W.O.W. Virtual Wellness Platform, whether regarding payment or delivery of specific goods and Virtual Wellness Platforms, donations or fundraisers, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that W.O.W. is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such dealings.

10. Indemnification

You hereby agree to indemnify, defend, and hold harmless W.O.W. and its directors, officers, employees, and agents, from and against all claims, damages, losses and costs that arise from or relate to

i. your activities on the W.O.W. Virtual Wellness Platform,

ii. any User Content submitted by or on behalf of you or

iii. your violation of these Terms & Conditions.

11. Third Party Links and Content

There may be links on the W.O.W. Virtual Wellness Platform that let you leave the particular W.O.W. Virtual Wellness Platform you are accessing in order to access a linked site that is operated by a third party. W.O.W. neither controls nor endorses these sites, nor has W.O.W. reviewed or approved the content that appears on them. W.O.W. is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any such third party sites. You hereby acknowledge and agree that W.O.W. is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access or use of any of the links, content, goods or Virtual Wellness Platforms available on or through these third party sites.

12. No Warranties

W.O.W. reserves the right, but is not obligated, to modify the W.O.W. Virtual Wellness Platform at any time, and from time to time, including, but not limited to, updating, adding to, enhancing, modifying, removing or altering any Content or features of the W.O.W. Virtual Wellness Platform, at any time, in its sole and absolute discretion. You are responsible for providing your own access (e.g., computer, mobile device, internet connection, etc.) to the W.O.W. Virtual Wellness Platform. W.O.W. has no obligation to screen or monitor any Content and does not guarantee that any Content available on the W.O.W. Virtual Wellness Platform is suitable for all users or that it will continue to be available for any length of time.

W.O.W. provides the W.O.W. Virtual Wellness Platform on an “AS IS” and “AS AVAILABLE” basis. You therefore use the W.O.W. Virtual Wellness Platform at your own risk. Other than as expressly provided in writing by W.O.W. in connection with your purchase of a W.O.W. product, to the extent permitted by law, W.O.W. expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment and any other warranty that might arise under any law. Without limiting the foregoing, W.O.W. makes no representations or warranties:

• That the W.O.W. Virtual Wellness Platform is or will be permitted in your jurisdiction;

• That the W.O.W. Virtual Wellness Platform will be uninterrupted or error-free;

• Concerning any Content, including User Content;

• Concerning any third party’s use of User Content that you submit;

• That the W.O.W. Virtual Wellness Platform will meet your personal or professional needs or goals;

• That W.O.W. will continue to support any particular feature of the W.O.W. Virtual Wellness Platform; or

• Concerning sites and resources outside of the W.O.W. Virtual Wellness Platform, even if linked to from the W.O.W. Virtual Wellness Platform.

To the extent that another party may have access to or view Content on your device, you are solely responsible for informing such party of all disclaimers and warnings in these Terms. & Conditions. IF AND TO THE EXTENT THAT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF 30 DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE W.O.W. VIRTUAL WELLNESS PLATFORM, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.

13. Limitation of Liability

To the fullest extent permitted by law:

i. W.O.W. shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, economic or pure economic losses, goodwill, use, data, Virtual Wellness Platform interruption, computer damage, system failure, inability to use the W.O.W. Virtual Wellness Platform or Content or other intangible losses, even if a limited remedy set forth herein is found to have failed its essential purpose; and

ii. W.O.W.‘s total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to W.O.W. over the 12 months preceding the date your first claim(s) arose.

If you live in a jurisdiction that does not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation does not apply to you. To the extent that one or any aspect of W.O.W.‘s limitations set out above does not apply, all remaining aspects survive. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between W.O.W. and you.

14. Safety Warnings

THE W.O.W. VIRTUAL WELLNESS PLATFORM OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN OR GENERAL PRACTITIONER BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN, GENERAL PRACTITIONER OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE W.O.W. WEBSITE OR HEARD ON THE W.O.W. VIRTUAL WELLNESS PLATFORM. THE USE OF INFORMATION PROVIDED THROUGH THE W.O.W. VIRTUAL WELLNESS PLATFORM IS SOLELY AT YOUR OWN RISK AND IS NOT MEDICAL OR HEALTHCARE ADVICE.

NOTHING STATED OR POSTED ON THE W.O.W. WEBSITE OR AVAILABLE THROUGH ANY W.O.W. VIRTUAL WELLNESS PLATFORM IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THESE TERMS, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE W.O.W. VIRTUAL WELLNESS PLATFORM IS CONTINUALLY UNDER DEVELOPMENT AND, TO THE FULL EXTENT PERMITTED BY LAW, W.O.W. MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT ANY HEALTH, FITNESS OR NUTRITIONAL ADVICE THAT APPEARS ON THE W.O.W. WEBSITE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE W.O.W. VIRTUAL WELLNESS PLATFORM WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

In becoming a user of W.O.W. with the intent of using the W.O.W. Virtual Wellness Platform, you hereby affirm, represent, warranty, and certify to W.O.W. that either (A) all of the following statements are true:

i.                  no physician or general practitioner has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician or general practitioner;

ii.                have never felt chest pain when engaging in physical activity;

iii.               you have not experienced chest pain when not engaged in physical activity at any time within the past month;

iv.               you have never lost your balance because of dizziness and you have never lost consciousness;

v.                you do not have a bone or joint problem that could be made worse by a change in your physical activity;

vi.               your physician or general practitioner is not currently prescribing drugs for your blood pressure or heart condition;

vii.              you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and

viii.            you do not know of any other reason you should not exercise;

or (B) your physician or general practitioner has been specifically consulted by you and approved of your use of the W.O.W. Virtual Wellness Platform. If applicable, you further affirm that

i.                  you are not pregnant, breastfeeding or lactating; unless

ii.                your physician or general practitioner has been specifically consulted and approved your use of the W.O.W. Virtual Wellness Platform. W.O.W. reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions or that any of the representations set forth above are untrue in any respect.

15. Intellectual Property Acknowledgment

You hereby acknowledge and agree that your use of the W.O.W. Virtual Wellness Platforms and any Content contained therein is dependent upon you agreeing to and abiding by these Terms & Conditions at all times. You further acknowledge that the W.O.W. Virtual Wellness Platform contains software and other content that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All W.O.W.-generated content, and content provided to W.O.W. by its partners and licensors, is copyrighted individually and/or as a collective work under the U.S. copyright laws and all applicable international copyright (or equivalent) laws in all jurisdictions and protected under other intellectual property laws worldwide; further, as between you and W.O.W., W.O.W. own intellectual property rights in the selection, coordination, arrangement and enhancement of all content in the W.O.W. Virtual Wellness Platform.

16. Intellectual Property Usage and Reporting Infringement

W.O.W. respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that his or her User Content does not infringe any third party’s right or other intellectual property rights. If you believe that the W.O.W. Virtual Wellness Platform or any Content contains elements that infringe or misappropriate your copyrights or other intellectual property rights (or the intellectual property rights of others), please notify us immediately.

17. ARBITRATION REQUIREMENT & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS MAY AFFECT YOUR LEGAL RIGHTS. APPLICABLE TO THE FULL EXTENT PERMITTED BY LAW

1. Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms & Conditions or the breach, termination, enforcement, interpretation or validity thereof or the use of the Virtual Wellness Platforms or Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and W.O.W. agree that the U.S. Federal Arbitration Act (or equivalent laws in the jurisdiction in which the W.O.W. entity that you have contracted with is incorporated) governs the interpretation and enforcement of these Terms & Conditions and that you and W.O.W. are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms & Conditions.

2. Exceptions and Opt-out. As limited exceptions to Section 17(1) above:

i. you may seek to resolve a Dispute in small claims court if it qualifies; and

ii. we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our respective intellectual property rights.

In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by regular mail sent to the attention of W.O.W.‘s Legal Department at W.O.W.’s address set out in Section 21 below within 30 days following the date you first agree to these Terms & Conditions.

3. Initial Dispute Resolution and Notification. You agree that, before initiating any Dispute or arbitration proceeding, we will attempt to negotiate an informal resolution of any dispute. To begin this process, before initiating any arbitration proceeding, you must send a Notice of Dispute (“Notice”) by certified mail to the attention of W.O.W. at the W.O.W. address set out in Section 21 below. In the Notice, you must describe the nature and basis of the Dispute and the relief you are seeking. If we are unable to resolve the Dispute within 45 days after W.O.W.‘s receipt of the Notice, then you or W.O.W. may initiate arbitration proceedings as set out below.

4. Conducting Arbitration and Arbitration Rules. Any arbitration will be conducted by the American Arbitration Association pursuant to its then-current Commercial Arbitration Rules (the “AAA Rules”), except as modified by these Terms & Conditions. The current AAA Rules are available at https://adr.org/sites/default/files/Commercial%20Rules.pdf.

If “AAA” fails or declines to conduct the arbitration for any reason, we will mutually select a different arbitration administrator. If we cannot agree, a court will appoint a different arbitration administrator.

Any arbitration hearings will take place in the county (or other municipality) where you live unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement. During the arbitration, both you and W.O.W. may take one deposition of the opposing party, limited to 4 hours. If we cannot agree on a time and location for a deposition, the arbitrator will resolve any scheduling disputes.

5. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the “AAA” Rules. If you assert a claim against W.O.W., you will be responsible for paying a $250 consumer filing fee. W.O.W. will pay for all other filing, administration and arbitrator fees and expenses. If your Dispute is for less than U.S. $10,000 (including attorneys’ fees and costs) and the arbitrator, upon final disposition of the case, finds your Dispute was not frivolous, W.O.W. will reimburse your initial filing fee. If we prevail in arbitration, we will pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

6. Class Action Waiver. YOU AND W.O.W. AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, neither “AAA” nor the arbitrator may not consolidate another person’s claims with your claims or otherwise preside over any form of a representative or class proceeding for any purpose. If this specific provision is found to be unenforceable, then the entirety of this Section 17 shall be null and void.

7. Effect of Changes on Arbitration. Notwithstanding the provisions of Section 22 “Modification”, if W.O.W. changes any of the terms of this Section 17 after the date you first accepted these Terms & Conditions (or accepted any subsequent changes to these Terms & Conditions), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or the date of W.O.W.‘s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and W.O.W. in accordance with the terms of this Section 17 as of the date you first accepted these Terms & Conditions (or accepted any subsequent changes to these Terms & Conditions).

8. Severability. With the exception of any of the provisions in Section 17(5) above, if an arbitrator or court of competent jurisdiction decides that any part of these Terms & Conditions is invalid or unenforceable, the other parts of these Terms & Conditions will still apply.

18. Contracting Entity and Governing Law

Your contract for the W.O.W. Virtual Wellness Platform is with Just(in)WOW, LLC, an Arizona limited liability company, and these Terms & Conditions shall be governed by the laws of the State of Arizona, United States of America, without regard to principles of conflicts of law.

19. Interpretation; Severability; Waiver; Remedies

Headings are for convenience only and shall not be used to construe these Terms & Conditions. If any term of these Terms & Conditions is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from these Terms & Conditions. No failure or delay by W.O.W. in exercising any right hereunder will waive any further exercise of that right. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of W.O.W. W.O.W.‘s rights and remedies hereunder are cumulative and not exclusive.

20. Successors; Assignment; No Third-Party Beneficiaries

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 & Conditions without W.O.W.‘s prior written consent. W.O.W. may assign its rights, obligations, and/or these Terms & Conditions at any time in its sole discretion without notice to you.

21. Notices

You consent to receive all communications including notices, agreements, disclosures, or other information from W.O.W. electronically. W.O.W. may communicate by email or by posting to the W.O.W. Virtual Wellness Platform. For support-related inquiries, you may email us at wowwondersonwheels@gmail.com. For all other notices to W.O.W., write to the following addresses: W.O.W. Wonders On Wheels 2532 E. Adams St. #7 Phoenix, AZ 85034

22. Modification

We may update these Terms & Conditions at any time, in our sole discretion. If we do so, we’ll let you know by, at a minimum, posting the updated Terms (as indicated by a revised “Last Updated” date at the top of this page) on the W.O.W. Website and/or through the W.O.W. Virtual Wellness Platform. Modifications will be effective on the date that they are posted to the W.O.W. Website. It is important that you review these Terms & Conditions whenever we update them before you use the W.O.W. Virtual Wellness Platform. If you continue to use the W.O.W. Virtual Wellness Platform after we have posted updated Terms & Conditions, you are agreeing to be bound by the updated Terms & Conditions. If you do not agree to be bound by the updated Terms & Conditions, then, except as otherwise provided in the “Effect of Changes on Arbitration,” section, you may not use the W.O.W. Virtual Wellness Platform anymore. Because the W.O.W. Virtual Wellness Platform is evolving over time, we may change or discontinue all or any part of the W.O.W. Virtual Wellness Platform, at any time and without notice, in our sole and absolute discretion.

23. Entire Agreement

These Terms & Conditions incorporate the Privacy Policy and any other policies or procedures that are posted on the W.O.W. Virtual Wellness Platform from time to time. In the event of a conflict between any such and these Terms & Conditions, these Terms & Conditions will control. These Terms & Conditions represent the entire understanding between W.O.W. and you regarding the W.O.W. Virtual Wellness Platform and Content and supersede all prior agreements and understandings regarding the same. If any provision of these Terms & Conditions is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms & Conditions will remain in full force and effect.

24. Force Majeure

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 that 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, 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 Virtual Wellness Platform 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 of time equal to the time lost due to any delay so caused.

25. Sale of Products

W.O.W. accepts orders for equipment, apparel, or accessories that we may offer through the W.O.W. Website. Unfortunately, availability of products cannot be guaranteed. Please note that product and other information provided is subject to corrections and changes without notice. 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.

Unless otherwise specified at the time of purchase, you must pay for products when you place the order. All products ordered 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 our delivery of the product(s) and 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 acknowledgment of receipt of your order to the email address you provide and/or proof of purchase information through the W.O.W. website or to your email address after your payment has been processed.

Any items purchased online, excluding final sale items, may be returned for a full refund within 30 days after the original purchase date. Please note that, due to how quickly our inventory moves, we are unable to offer exchanges.

For a full refund, within 30 days of the purchase, items must be unwashed and unworn. The original shipping fee is non-refundable. If any items were purchased with a referral code, your order will be refunded in the form of a new code for the amount of the returned items. Please contact us for your referral refund.

Once your package has been received, a refund will be issued to the original payment method within 5-7 business days.

26. Membership Policy

By purchasing or using a W.O.W. membership, you agree to the following Terms & Conditions, which supplement and form a part of the W.O.W. Terms & Conditions. Capitalized terms not defined here have the meaning given to them in the W.O.W. Terms & Conditions.

A “Member” is any individual who has a W.O.W. account. A “Membership Holder” is any Member who activates and pays the monthly fees for a Membership. A “Membership” is a Fitness Pass, as defined below.

27. Membership Coverage

Purchasing a membership referred to as a “Fitness Pass” provides you with full access to W.O.W.‘s available live stream classes and W.O.W.‘s on-demand personal training content.

As a Membership Holder, you may possess one or more Memberships. We may impose restrictions on the number of streams that can occur simultaneously under a single Membership or the maximum number of users per Membership. The Membership Holder is responsible for all activity under their Membership.

28. Billing Cycles and Auto-Renewal

Any Membership recurs on a monthly basis until it is canceled in accordance with these Terms & Conditions. Billing occurs at the beginning of the Membership cycle and provides access for twelve months thereafter. By purchasing a Membership, you acknowledge that your Membership has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Membership by you or W.O.W.

29. Prepaid Periods

You may be given the opportunity to prepay for a period of one or more months of your Membership. At the conclusion of a prepaid period, unless you cancel prior to renewal, and to the extent permitted by applicable law, your Membership will automatically continue on a month-to-month basis at the then-existing non-promotional price for your Membership.

30. Other Offers

W.O.W. may offer additional promotions or discounts related to Memberships from time to time. Please read the details of those offers carefully, as any additional terms presented to you during the signup process will form part of these Terms & Conditions. Unless specified in writing, all discount offers that require a payment are non-refundable. Any free trial or other promotion must be used within the specified time frame of the trial or promotion. You may be required to have a valid payment method on file in order to initiate a free trial; in this case, if you do not cancel before your free trial period ends, your account will be converted to a paid Membership and will be charged in accordance with these Terms & Conditions.

31. Account Registration

You can register by creating an account on the W.O.W. Website. All information that you provide must be accurate, including your name, address, credit, debit or charge card numbers and expiration dates, and any other payment information. You are responsible for keeping such information up-to-date and must provide changes promptly to your account page. W.O.W.‘s use of your information is governed by our Privacy Policy. YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSORS IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USERNAME OR PASSWORD.

32. Termination, Cancellation or Suspension of Membership

If you terminate your Membership, you may use your Membership until the end of the then-current period and your Membership will not be renewed after that period expires. However, you will not be eligible for a prorated refund of any portion of the Membership fee paid for the then-current Membership period.

To cancel your membership, you must give written notice to W.O.W. at least 7 days prior to your next billing date so that payment can be stopped. Email: wowwondersonwheels@gmail.com  

W.O.W. may immediately terminate or suspend your account, and all or a portion of your Membership, without notice if:

a. your payment is overdue (provided that we will use reasonable efforts to notify you of the overdue payment before we terminate or suspend);

b. you provide false or inaccurate information;

c. you violate these Terms & Conditions or any other W.O.W.

rules or agreements then in effect;

d. you engage in conduct that is a violation of any applicable law or tariff (including,

without limitation, copyright, and intellectual property laws); or

e. if you engage in conduct that is threatening, abusive or harassing to W.O.W. employees, agents, or other W.O.W. users, including, for example, making threats to physically harm or damage property.

If we terminate or suspend your Membership, your license to use any software or content provided in connection with the Membership is also terminated or suspended (as applicable). If your Membership is terminated, W.O.W. has the right to immediately delete all data, files, and other information stored in or for your account without further notice to you. You must pay all charges up to and including the date of termination. Should you wish to resume your Membership after any suspension, a restoration of service fee may apply. This fee is in addition to all past due unpaid charges and other fees.

33. Payment

You agree to pay the monthly fee specified when you purchase your Membership (plus any applicable taxes and other charges). If the amount to be charged varies from the amount you pre-authorized (other than due to the imposition of, or change in, applicable sales tax), you have the right to receive, and we will provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction, unless applicable law requires you to expressly consent to the change in price. Any agreement you have with your payment provider governs your use of your specified payment method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle. Your failure to terminate and/or continued use of your Membership reaffirms that we are authorized to charge you for that Membership. We may submit those charges for payment, and you will be responsible for such charges. This does not waive our right to seek payment directly from you.

34. Billing Authorization

You may be asked to provide a payment method (such as a credit, charge, or debit card number) that we accept in order to activate your Membership, along with other payment information. You represent and warrant that you have the legal right to use all payment method(s) that you provide to us. Your authorizations in this Section 33 also apply to our payment processors and any other companies who act as billing agents for us. You hereby authorize us to charge your specified payment method on a monthly basis, in advance, for your Membership(s) and/or to place a hold on your payment method with respect to any unpaid charges for your Membership(s). You authorize the issuer of your selected payment method to pay any amounts described herein without requiring a signed receipt, and you agree that these Terms & Conditions shall be accepted as authorization to the issuer of the payment method to pay any amounts described herein, without requiring a signed receipt from you. You authorize us to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your payment method until such amounts are paid in full. You agree to provide updated payment information upon request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither W.O.W., nor any W.O.W. agent, will have any liability whatsoever for any insufficient funds or other charges incurred by you as a result of attempts to charge, and/or place holds on, your specified payment method as contemplated by these Terms & Conditions. If you provide a debit card number instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number.

35. Third-Party Payment Processors

You agree to pay us, through our payment processors or financing partners (as applicable), all charges at the prices then in effect for any purchase in accordance with the applicable payment terms presented to you at the time of purchase. You agree to make payment using the payment method you provide when you set up your account. We reserve the right to correct, or to instruct our payment processors or financing partners to correct, any errors or mistakes, even if payment has already been requested or received.

36. Assumption of Risk

You agree that if you engage in any physical exercise or activity, including live stream fitness classes, fitness videos, or personal training, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any live stream fitness classes, fitness videos, or personal trainings videos including injuries or damages arising out of our negligence, whether active or passive, or any of our affiliates, employees, agents, representatives, successors, and assigns.

Your assumption of risk includes, but is not limited to, your use of any live stream fitness classes, fitness videos, personal training services or exercise equipment (mechanical or otherwise). You assume the risk of your participation in any activity, class, program, instruction, or event, including, but not limited to, aerobic activities, dance fitness, weightlifting, or any other sporting or recreational endeavor. You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you.

Release. You hereby agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge W.O.W. (and W.O.W.’s affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of W.O.W., whether active or passive, or any of W.O.W.’s affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any of any fitness services including live stream fitness classes, fitness videos, and/or personal training services, (b) your use of exercise equipment that may malfunction or break, (c) negligent instruction or supervision, including personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or falling while traveling to or from any fitness services including live stream fitness classes, fitness videos, and/or personal training services.

37. Indemnification

By agreeing to these Terms & Conditions, you hereby agree to indemnify and hold harmless W.O.W. from any loss, liability, damage, or cost that W.O.W. may incur due to the provision of Services by W.O.W. to you.

38. Acknowledgements

You expressly acknowledge and agree that the foregoing release, waiver, assumption of risk and indemnification Terms & Conditions are intended to be as broad and inclusive as permitted by applicable law in the State of Arizona and that, if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. You hereby acknowledge and agree that W.O.W. offers a service to its clients encompassing the entire recreational and/or fitness spectrum. This release is not intended as an attempted release of claims of gross negligence or intentional acts. You hereby acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk and indemnification agreement. You are aware and agree that, by agreeing to these Terms & Conditions, you are giving up your right to bring a legal action or assert a claim against W.O.W. for W.O.W.’s negligence, or for any defective product used while receiving any fitness services from W.O.W. You have read and voluntarily agreed to these Terms & Conditions and further agree that no oral representations, statements, or inducement apart from the foregoing written Terms & Conditions have been made