1. OVERVIEW When you use the PENALTY BOX® App or Software, or the website with domain name: “penaltyboxtraining.com” (hereinafter “the website”) you agree to be bound by the TERMS AND CONDITIONS stated herein on the website, and any rules, regulations or laws that may apply. If you do not agree with the TERMS AND CONDITIONS stated herein, do not use the website or the PENALTY BOX® Software or App. Any applicable intellectual property rights, including copyright, trademark, and patent, are reserved by PENALTY BOX VENTURES LLC. 2. USES ALLOWED The website is supplied only for general information purposes, and personal use. Content for the website is supplied on Authorized Social Media Pages, the website, by PENALTY BOX® App or Software; and this content cannot be shared, used, or linked subject to legal “Fair Use”. This limited right of personal use may be revoked at any time by PENALTY BOX® VENTURES LLC. 3. DAMAGES LIMITATIONS Neither PENALTY BOX VENTURES LLC nor its successors nor any of its agents, employees, or suppliers, shall be liable to you for any damages or loss, including, without limitation, damages due to business interruption or loss of profits or data, arising from the use or inability to use the website. The above restrictions on PENALTY BOXVENTURES LLC liability to you will govern whether PENALTY BOX VENTURES LLC has been made aware of or should have known of any such losses. If you live in a jurisdiction in which limitations on implied warranties or liability for incidental or consequential damages are not allowed, the maximum possible liability of PENALTY BOX VENTURES LLC shall only be the money paid by you for applicable PENALTY BOX® computer software, services, Apps or goods. 4. CONTENT AND LINKS PENALTY BOX VENTURES LLC does not represent or warrant that the content on the website is up to date, complete, or correct. Changes may be made to the content without notice at any time. PENALTY BOX VENTURES LLC has not reviewed all sites linked to the website and is not responsible in any way for any linked site. 5. POSTING LICENSES If you post content to the website or to the Social Media Page provided by PENALTY BOX VENTURES LLC, you grant PENALTY BOX VENTURES LLC a non-exclusive, perpetual, worldwide, irrevocable, transferable, completely paid-up, free of royalties, without restrictions license, with rights to make derivative works, to use, modify, publicly perform, distribute or display, copy, reproduce, adapt, translate, modify, publish, sub-license, to transmit digitally, store, or perform, such content you provided, and to also modify, and sell, or to include content you provided in any other works in any medium, or any form, whether known now or brought about in the future, for any purpose, commercial or not, without any compensation whatsoever to you. 6. APPLICABLE LAW The laws of the State of New Jersey shall govern any dispute or claim relating to the website, or these TERMS AND CONDITIONS regardless of choice of law or conflict of law provisions. You are prohibited with accessing this website from a jurisdiction where use of this website or the content is illegal. 7. SEVERABILITY Invalidation by law of any portion of these TERMS AND CONDITIONS shall not invalidate the remaining portions of these TERMS AND CONDITIONS. 8. INTEGRATION The entire understanding and agreement between PENALTY BOX VENTURES LLC and you are contained in this TERMS AND CONDITIONS. 9. OWNERSHIP OF INTELLECTUAL PROPERTY PENALTY BOX VENTURES LLC, a limited liability company organized in New Jersey, owns various intellectual property material related to this website, including various copyrighted material, trademarks, and patent applications. PENALTY BOX is a trademarked owned by PENALTY BOX VENTURES LLC. Software used on the website, and any copyrights thereto, is owned by PENALTY BOX VENTURES LLC. PENALTY BOX VENTURES LLC reserves all of its applicable intellectual property rights. If an individual believes content on the website infringes their copyright, notice must be given to PENALTY BOX VENTURES LLC under the Digital Millennium Copyright Act, via info@penaltyboxtraining.com, which is the contact information for the copyright agent of PENALTY BOX VENTURES LLC. 10. LIABILITIES & WARRANTIES The content and information on the website is provided “as is” and “when available”, with no warranty of any kind provided. No warranties, express or implied, are made by PENALTY BOX VENTURES LLC. PENALTY BOX VENTURES LLC hereby negates or disclaims all warranties, including without limitation any conditions of merchantability, implied warranties, fitness for a particular purpose, non-infringement of intellectual property, or any other rights violation. There is only a 30 Day Money Back Guarantee only if product has not been used and is only damaged when received. No refunds on the certification programs, workout routines, and workout videos. You are accepting these TERMS AND CONDITIONS and thereby agreeing that use of the website, the products of PENALTY BOX VENTURES LLC, or the use of the website together with the products of PENALTY BOX VENTURES LLC, even if used in accordance with instructions provided by PENALTY BOX VENTURES LLC, does not result in any liability to PENALTY BOX VENTURES LLC. We do not cover international return postage and the buyer will be responsible for all associated costs. International shipments may or may not be charged with a customs tax and duty, vat charges. The customer is responsible for any charges. 11. CHANGES TO TERMS AND CONDITIONS PENALTY BOX VENTURES LLC may change these TERMS AND CONDITIONS without notice at any time. You agree to the current TERMS AND CONDITIONS each time you use the website. 12. PRIVACY POLICY PENALTY BOX VENTURES LLC provides reasonable measure to safeguard privacy of users. 13. PRODUCTS USED AT USER’S OWN RISK You should consult with a doctor or physician before doing any exercise program including any use of products of PENALTY BOX VENTURES LLC. Exercise, generally, may result in injury. You assume the risk of injury when performing any exercise associated with products of PENALTY BOX VENTURES LLC or based on information on this website. Individuals under 18 years of age are specifically prohibited from using this website and from performing any exercises related to this website or to any product of PENALTY BOX VENTURES LLC. 14. TRAINERS PROGRAM; FURTHER GENERAL LIMITATIONS APPLICABLE TO ALL USERS OF PENALTY BOX VENTURES LLC PRODUCTS AND SERVICES 14a. Trainers using PENALTY BOX VENTURES LLC products are responsible for their own actions and are not compensated by or affiliated with PENALTY BOX VENTURES LLC. 14b. Neither PENALTY BOX VENTURES LLC nor any of its successors nor any of its agents, employees, or suppliers are liable, directly or indirectly for an injuries, to any individuals or any trainers, for use of the products of PENALTY BOX VENTURES LLC. 14c. PENALTY BOX VENTURES LLC does not guarantee trainers any particular amount of money in the use of PENALTY BOX VENTURES LLC products, and all trainers are responsible for the income they make. If a Trainer purchases the trainers program with PENALTY BOX VENTURES LLC, and does not pay ongoing license fees, the trainer’s program and account can be terminated by PENALTY BOX VENTURES LLC. 14d. LICENSE TERMS FOR TRAINER PROGRAM Products and services made available to trainers, under a trainers program by PENALTY BOX VENTURES LLC are licensed, and not sold, to the TRAINER, subject to the terms of this Agreement and the TRAINER’S timely payment of any fees due and payable by the TRAINER to PENALTY BOX VENTURES LLC. The TRAINER’S license to use PENALTY BOX LLC products and services is subject to the TRAINER’S prior acceptance of this Agreement and the TRAINER agrees that these terms will apply to each service and product of PENALTY BOX VENTURES LLC, including any modifications thereto. You, the TRAINER, are not authorized to transfer or assign this license or your access username, password, and/or code to any other person or entity. Other than the rights granted to you in this Agreement, the PENALTY BOX VENTURES LLC grants you, the TRAINER no other rights. You agree not to copy, sell, modify, rent, lease, loan, sublicense, sell, distribute, disassemble, decompile, reverse engineer, or create any derivative works or translations of or based on the PENALTY BOX VENTURES LLC’S products and services (except as and only to the extent that the foregoing restrictions is not permitted under applicable law or to the extent permitted by the license terms of any open-source components included with the Company’s products and services). You agree to use the products and services of PENALTY BOX VENTURES LLC only as permitted under this Agreement and any terms delivered with the Company’s products and services. Any violation of these terms may subject you to civil and criminal penalties, prosecution, monetary damages, and the immediate termination of your license to use PENALTY BOX VENTURES LLC products and services. If PENALTY BOX VENTURES LLC reasonably suspects that you have violated this Agreement, or if you have not paid the fees that are due and payable by you to PENALTY BOX VENTURES LLC, then, without notice to you, PENALTY BOX VENTURES LLC may terminate this Agreement, the license, and your Account and deny you further access to PENALTY BOX VENTURES LLC products and services. Upon termination of this license, you shall cease all use of PENALTY BOX VENTURES LLC’S products and services and remain liable for paying all amounts that may be due and payable by you, the TRAINER to PENALTY BOX VENTURES LLC. PENALTY BOX VENTURES LLC reserves the right to modify, suspend, remove, or disable access to any PENALTY BOX VENTURES LLC products or services at any time without notice and in no event will the PENALTY BOX VENTURES LLC be liable for making any such changes. 14e. EXPORT LAW, ETC. TRAINER agrees to comply with all applicable federal, state, and local laws, including without limitation, all applicable laws in the jurisdiction where you reside, in your use of the PENALTY BOX VENTURES LLC products or services. You will not use the PENALTY BOX VENTURES LLC products or services in any way that is prohibited by U.S. law or that would violate U.S. export regulations. You may not use or otherwise export or re-export the PENALTY BOX VENTURES LLC products or services except as is permitted under U.S. laws and the laws of the jurisdiction where you reside. Neither the PENALTY BOX VENTURES LLC products nor its services may be exported into any U.S. embargoed countries or to anyone on the U.S. Government’s list of specially designated nationals or denied persons or entities. You warrant that you are not located in any such country or on any such list 14f. RESALE PROHIBITED PENALTY BOX VENTURES LLC products and services are not provided for redistribution or resale under this Agreement. 14g. WARRANTIES DISCLAIMER PENALTY BOX VENTURES LLC products and services are provided “AS AVAILABLE” and “AS IS”, without any warranties, and PENALTY BOX VENTURES LLC disclaims all warranties with regards to all services and products, whether implied or expressed, including, but not limited to, fitness for a particular purpose, satisfactory quality or title, implied warranties of merchantability, quiet enjoyment, and non-infringement. No oral or written statement by any Company representative or employee of PENALTY BOX VENTURES LLC shall modify this section or create a warranty. Some jurisdictions do not allow exclusion of implied warranties, so the forgoing exclusion may not apply in your situation. You agree expressly that your use of, or your inability to use, the products or services of PENALTY BOX VENTURES LLC is at your sole risk. PENALTY BOX VENTURES LLC does not warrant for the completeness or accuracy of any text, information, graphic, links or other information contained within the products or services of PENALTY BOX VENTURES LLC or for any errors, omissions, or any outcomes related to your use of the products and services of PENALTY BOX VENTURES LLC. PENALTY BOX VENTURES LLC employes measures to protect itself against, but makes no warranties regarding, harms that may be caused by computer virus transmissions, worms or other computer system or computer network attacks or issues. PENALTY BOX VENTURES LLC does not guarantee that anyone’s use of the products or services of PENALTY BOX VENTURES LLC will be free from error or continuous. 14h. No Endorsement or Affiliation Without limiting the previous provisions, PENALTY BOX VENTURES LLC makes no warranties or representations and assumes no liability regarding the background, qualifications, or suitability of who may participate in Penalty Box® Trainers Program, whether as providers (independent contractors who serve as instructors or trainers, staff of the facility or other non-employees of the PENALTY BOX VENTURES LLC) or as recipients of the products or services of PENALTY BOX VENTURES LLC. Participants are completely responsible for making their own inquiries in terms of suitability of said persons. 14j: LIABILITY LIMITATIONS PENALTY BOX VENTURES LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, PRINCIPALS, CONTRACTORS, OR LICENSORS, SHALL NOT, IN ANY SCENARIO, BE LIABLE FOR ANY INDIRECT, DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOSS OF DATA, OR BUSINESS DISRUPTION, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE PRODUCTS AND SERVICES OF PENALTY BOX VENTURES LLC, INCLUDING SERVICES, AND INCLUDING BUT NOT LIMITED TO, ANY OMISSIONS OR ERRORS IN ANY DOCUMENTATION OR ITEMS OR ANY LOSS OR DAMAGE OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH JURISDICTIONS, PENALTY BOX VENTURES LLC’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.