Service Agreement

BridgeAthletic Software as a Service Agreement

This Software as a Service Agreement (the "Agreement") is entered into by and between Bridge Platform Holdings, Inc. ("BridgeAthletic", "we" or "us") and You ("Customer" or "You", together with BridgeAthletic, the "Parties", and each, a "Party") By using or accessing any of the services offered through BridgeAthletic You agree to be bound by these terms of service. If You do not agree to this Agreement, You must not use or access BridgeAthletic services. If You are accepting this Agreement on behalf of an Organization (and not for You as individual), You represent and warrant that You have legal authority to bind that Organization, and You hereby enter into this Agreement on behalf of that Organization. "You" or "Your" means the entity accepting this Agreement and the individual accepting this Agreement on behalf of the entity. Terms used in the Agreement are defined throughout the Agreement and in this Section below.

1. Definitions

• 1.1.   Customer Data means all electronic data or information submitted or uploaded by Customer or End Users to the Service. This includes information such as team rosters, performance statistics, or any information entered by Customer or End User into the Service.
• 1.2.   End Users means those individual(s) who are authorized by Customer to use the Service and to whom Customer has provided access to the Service having registered Accounts with user identification name and password.
• 1.3.   Enhancements means any update or release of the Service that BridgeAthletic may provide to Customer from time to time during the term, that may contain, among other things, error corrections or other changes to the user interface, functionality, compatibility, capabilities, performance, efficiency or quality of the Service, but does not constitute a new version.
• 1.4.   Intellectual Property Rights means all (a) patents, patent disclosures and inventions (whether patentable or not), (b) trademarks, service marks, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, (c) copyrights and copyrightable works (including computer programs), mask works and rights in data and databases, (d) trade secrets, knowhow and other confidential information, and (e) all other intellectual property rights, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights, and all similar or equivalent rights or forms of protection provided by applicable law, regulations or rules in any jurisdiction throughout the world.
• 1.5.   Open-source Components means any software component that is subject to any open-source copyright license agreement, including without limitation any GNU General Public License or GNU Library or Lesser Public License, or other obligation, restriction or license agreement that substantially conforms to the Open Source Definition as prescribed by the Open Source Initiative or otherwise may require disclosure or licensing to any third party of any source code with which such software component is used or compiled.
• 1.6.   Service means the Website, web widgets, feeds, Mobile Software, BridgeStrength, BridgeTracker, the Basic Service and any other mobile or web services or applications owned, controlled, or offered by BridgeAthletic, together with any Enhancements provided to Customer or an End User pursuant to this Agreement.
• 1.7.   User Content as outlined within the Definitions from Section 4.
• 1.8.   Service Content means any and all exercise and learning videos, exercise and learning images, exercise cues, exercise phases, workout blocks, workout plans, and any content provided through any of our learning, insight or strength content to the Customer by BridgeAthletic.
• 1.9.   Website means the website at http://www.bridgeathletic.com.

2. Customer Acknowledgment

You acknowledge that you have read, understand and accept this Agreement and agree that you are legally bound by its terms. When you enter into this Agreement on behalf of End Users, you represent and warrant that you are an authorized representative of End Users with the authority to bind End Users to this Agreement, and that you agree to this Agreement on such End Users' behalf. Except where the context so requires, any references in this Agreement to "Customer" or "You" shall include the End Users, if any, on behalf of whom you enter into this Agreement.

3. Use of the Service

The services provided under this agreement pertain to those purchased by you and/or the organization you represent (collectively referred to as "You"). The use of the services outlined below is strictly governed by the terms and conditions set forth in this agreement such as services only available to the extent they have been purchased.

The provisions outlined in 3.1 - 3.4 may only apply to the specific services in this agreement. These sections are not applicable to all services but are outlined within the agreement to provide both the end user and/or organization with clarity and awareness regarding the potential applicability of these provisions and to ensure that "You" are fully informed of the terms governing each service provided by BridgeAthletic.

3.1. Eligibility

1. You represent and warrant to us that: (a) you are at least thirteen (13) years of age; (b) you have not previously been suspended or removed from the Service; and (c) your use of the Service is in compliance with all applicable laws and regulations in relation to the use of the Service; and (d) you will at all times comply with any terms of Open-Source Components.
2. You acknowledge and agree that the Service is intended for use only by individuals healthy enough to perform strenuous exercise. If you are older than thirty five (35) years of age, or if you have not been physically active for more than 1 year, or if you have any medical history that may put you at risk, including, without limitation, one or more the following conditions, you are required to seek approval from a qualified health care practitioner prior to using the Service: heart disease, high blood pressure, family history of high blood pressure or heart disease, chest pain caused by previous exercise, dizziness or loss of consciousness caused by previous exercise, bone or joint problems, diabetes, high cholesterol, obesity, arthritis.
3. YOU ACKNOWLEDGE AND AGREE THAT BRIDGEATHLETIC IS NOT A MEDICAL ORGANIZATION, AND ITS RECOMMENDED WORKOUT PLANS, SPECIFIC EXERCISES AND EDUCATIONAL CONTENT DO NOT CONSTITUTE MEDICAL ADVICE, PRESCRIPTIONS, OR DIAGNOSES.
4. You should discontinue exercise in cases where it causes pain or severe discomfort, and should consult a medical expert prior to returning to exercise in such cases. We reserve the right to deny you access to the Service for any reason or no reason, including if we determine, in our sole discretion, that you have certain medical conditions.

3.2. Accounts

1. In order to use the Service, you agree to create an account ("Account") with us ("Registration"). You agree: (i) not to use another Account without permission from the holder of such Account; (ii) to provide accurate and complete information and to keep this information accurate and up-to-date at all times; (iii) that you are solely responsible for the activity that occurs on your Account; (iv) that you must keep your Account password secure; (v) that you must notify BridgeAthletic immediately of any breach of security or unauthorized use of your Account; (vi) to use the Service only in accordance with the Agreement, applicable laws and government regulations. BridgeAthletic will not be liable for any losses caused by any unauthorized use of your Account.
2. You may control your profile and how you interact with the Service by changing the settings of your Account. By providing BridgeAthletic your email address you consent to using your email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change the preferences of your Account. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

3.3. Service Rules

1. You acknowledge and agree that the Service is not for use in emergency or urgent situations. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
2. You should be aware that there are inherent physical and mental health risks to exercise, including risk of injury or illness. By accessing the Service, you acknowledge and agree that your performance of any and all exercises or activities recommended by the Service is wholly at your own risk. BridgeAthletic, its employees and its agents will not be liable for any physical or mental injury or illness that may result, whether directly or indirectly, from any of our recommended workout plans or exercises. While we may provide guidelines such as written descriptions, pictures, or videos describing how to perform specific exercises or activities, you assume sole responsibility for performing those exercises or activities with proper form, as risk of injury or illness increases with improper form. We encourage you to seek multiple sources of information regarding how to perform each exercise correctly and to consider consulting with a qualified coach, instructor, personal trainer, or physical therapist, especially if you are new to any of the forms of training or activity you seek to perform. We highly recommend you seek guidance from a physical therapist or other qualified health care practitioner if you have any preexisting injuries or conditions that may compromise the joints, muscles, or other tissues involved in your workouts, or that might otherwise interfere with recommended activities.
3. BridgeAthletic may, at any time, permanently or temporarily terminate, modify, suspend (including by limiting or discontinuing certain features of the Service), or otherwise refuse to permit your access to the Service with prior written notice if in BridgeAthletic's sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
4. All aspects of the Service are subject to change or elimination at BridgeAthletic's sole discretion. BridgeAthletic reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that BridgeAthletic will not be liable to you for any interruption of the Service, delay, or failure to perform.
5. You are solely responsible for your interactions with other individuals using the Service. We reserve the right, but have no obligation, to monitor disputes between you and such other individuals. BridgeAthletic shall have no liability for your interactions with other individuals using the Service, or for the action or inaction of any individual using the Service.
6. By accessing or using BridgeInsight services, student - athletes will be surveyed once annually for each team as it relates to the End of Season Survey. Additional surveys may be designed and distributed for an additional fee negotiated and set forth by this agreement. Data will be available as part of a comparative data set that will not disclose the identity of the End User. Customer consents to the use of anonymized and de-identified aggregate survey data for benchmarked comparative analysis. Data will be retained from year to year for the purpose of trend analysis.
7. Any information that the customer's student athlete authorizes BridgeAthletic to disclose will be handled in the most confidential manner and in the strict use of assisting the athlete in their career search, including in accordance with all applicable privacy laws, rules or regulations including the Family Education Rights and Privacy Act (FERPA).

3.4. Prohibited Conduct

1. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the BridgeAthletic servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that BridgeAthletic grants the operators of public search engines revocable permission to use spiders to copy materials from BridgeAthletic.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any Personally Identifiable Information ("PII" as defined in the Privacy Policy), including Account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; or (xiii) attempting to do any of the acts described in this Section 3, or assist or permit any person in engaging in any of the acts described in this Section 3.
2. Accessing the audiovisual content available on the Service for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited. "Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Service to your device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by you.

4. User Content

• 4.1.   Some areas of the Service may allow you to post content such as feedback, comments, questions, and other information ("User Content"). For the avoidance of doubt user content does not include PII. You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, "post") on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand that whether or not such User Content is published, BridgeAthletic does not guarantee any confidentiality with respect to any User Content.
• 4.2.   You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), rights of publicity and privacy. BridgeAthletic reserves the right, but is not obligated, to reject and/or remove any User Content that BridgeAthletic believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer's Guild of America, or any other rights organization.
• 4.3.   BridgeAthletic takes no responsibility and assumes no liability for any User Content that you or any other End User or third party posts or sends over the Service. You shall be solely responsible for your own User Content and the consequences of posting or publishing it. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. In connection with your User Content, you affirm, represent and warrant the following:
  1. You have the written consent of each and every identifiable natural person in the User Content to use such person's name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
  2. You own or otherwise have and will have the necessary rights and consents in and relating to User Content so that User Content and BridgeAthletic's use thereof as contemplated by this Agreement does not and will not: (i) infringe, violate, or misappropriate any Intellectual Property Rights, privacy rights, rights of publicity, or any proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause BridgeAthletic to violate any law or regulation.
  3. BridgeAthletic may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
• 4.4. BridgeAthletic is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, objectionable, or inappropriate for children. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against BridgeAthletic with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If we are notified or otherwise determine (in our sole discretion) that User Content allegedly does not conform to this Agreement, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice.

5. User Content License Grant

You retain all your ownership rights in your User Content. By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to BridgeAthletic a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to host, store, transfer, use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service. You also hereby grant each End User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.

6. End User License Grant

6.1. BridgeAthletic Service

Subject to the terms and conditions of this Agreement, BridgeAthletic hereby grants you a non-exclusive, limited, non-transferable, freely revocable license to use the Service. BridgeAthletic reserves all rights in the Service not expressly granted herein. BridgeAthletic may terminate this license at any time for any reason or no reason.

6.2. Mobile Software

We may make available software to access the Service via a mobile device ("Mobile Software"). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Service. BridgeAthletic does not warrant that the Mobile Software will be compatible with your mobile device. BridgeAthletic hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Account on multiple mobile devices owned or leased solely by you, for your personal use. You may not:

• modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law;
• rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party;
• make any copies of the Mobile Software;
• remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software;
• delete the copyright and other proprietary rights notices on the Mobile Software.

You acknowledge that BridgeAthletic may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and as between the parties, all right, title, and interest in and to the Mobile Software (and any copy thereof) are vested and shall remain vested in BridgeAthletic or its third party partners or suppliers.

Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Mobile Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the BridgeAthletic Service.

7. Our Proprietary Rights

• 7.1.   As between the parties, all rights, title and interest, including any Intellectual Property Rights, in and to the Service are vested and shall remain vested in BridgeAthletic and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
• 7.2.   You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place BridgeAthletic under any fiduciary or other obligation, and that we are free to use the Idea in any manner and without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, BridgeAthletic does not waive any rights to use similar or related ideas previously known to BridgeAthletic, or developed by its employees, or obtained from sources other than you.

8. Billing

8.1. Billing

You will pay all fees specified in Order Forms. Except as otherwise specified herein or in an Order Form (Example in Appendix A), (i) fees are based on Services and Content subscriptions purchased and not actual usage, (ii) payment obligations are non-cancelable and fees paid are non-refundable, and (iii) quantities purchased cannot be decreased during the relevant subscription term.

8.2. Payment Method

You will provide Us with valid and updated credit card information, or with a valid purchase order or alternative document reasonably acceptable to Us. We accept credit cards for any payments of $15,000 USD or less. If you wish to use a credit card for payment and the payment is more than $15,000 a 2.9% credit card fee will apply. If You provide credit card information to Us, You authorize Us to charge such credit card for all Purchased Services listed in the Order Form for the initial subscription term and any renewal subscription term(s) as set forth in Section 16.2 (Term of Purchased Subscriptions). Such charges shall be made in advance, either annually or in accordance with any different billing frequency stated in the applicable Order Form. If the Order Form specifies that payment will be by a method other than a credit card, We will invoice You in advance and otherwise in accordance with the relevant Order Form. Unless otherwise stated in the Order Form, invoiced charges are due net 30 days from the invoice date. You are responsible for providing complete and accurate billing and contact information to Us and notifying Us of any changes to such information.

8.3. Invoicing

If Your Order Form specifies that payment will be by a method other than a credit card, Provider will invoice Customer. Unless otherwise stated in the Order Form, invoiced charges are due net 30 days from the invoice date. Customer is responsible for providing complete and accurate billing and contact information to Stripe and notifying them of any changes to such information.

8.4. Fee Changes

If BridgeAthletic changes the fees for the Service, including by adding additional fees or charges, BridgeAthletic will provide you advance notice of those changes. If you do not accept the changes, BridgeAthletic may discontinue providing the Service to you.

8.5. Billing Cycle

Unless noted in your Order Form, the fee will be billed at Registration and at the beginning of each billing period thereafter unless and until you terminate this Agreement in accordance with Section 16.3 below. We automatically bill your payment method each billing period on the calendar day corresponding to the commencement of your Registration. Membership fees are fully earned upon payment. You agree to pay all invoiced fees within thirty (30) days of the invoice date.

8.6. Upsells

Customer may increase their number of users and/or product at any time throughout the annual period. Customers will be charged a prorated amount for the remaining months in the then-current annual term.

8.7. Overdue Charges

All late payments shall (a) bear interest at the lesser of the rate of 1.0% per month or the highest rate permissible under applicable law, calculated daily and compounded monthly and (b) BridgeAthletic may condition future renewals on payment terms shorter than those specified in this Agreement.

8.8. Suspension of Service and Acceleration

If any amount owed by you under this Agreement is thirty (30) or more days overdue (or ten (10) or more days overdue in the case of amounts you have authorized BridgeAthletic to charge to your credit card), BridgeAthletic may, without limiting your other rights and remedies, accelerate your unpaid fee obligations so that all such obligations become immediately due and payable, and suspend Services to you until such amounts are paid in full. BridgeAthletic will give you at least ten (10) days prior notice that account is overdue, before suspending the Service to you.

8.9. Taxes

BridgeAthletic's fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, "Taxes"). You are responsible for paying all taxes associated with the Service hereunder. If BridgeAthletic has a legal obligation to pay or collect taxes for which you are responsible then, following any such payment, BridgeAthletic will invoice you and you will pay that amount unless you provide a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, BridgeAthletic is solely responsible for taxes assessable against BridgeAthletic based on its income, property and employees.

8.10. No Refunds

ALL PAYMENTS ARE FINAL AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Except as specified in Section 16.4.

9. Privacy

We care about your privacy. Click here to view our Privacy Policy. By using the Service, you are consenting to have your personal data and PII collected, used, transferred to, and processed in the United States.

10. Security

We have implemented commercially reasonable technical and organizational measures designed to secure your personal information or PII from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information or PII for improper purposes. You acknowledge that you provide your personal information and PII at your own risk.

11. DMCA (Digital Millennium Copyright Act) Notice

11.1.

BridgeAthletic will respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (DMCA). The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When a valid DMCA notification is received, the service provider responds under this process by taking down the offending content. On taking down content under the DMCA, we will take reasonable steps to contact the owner of the removed content so that a counter-notification may be filed. On receiving a valid counter-notification, we generally restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. BridgeAthletic may provide copies of such notices to the participants in the dispute or to any other third parties, at our discretion and as required by law. BridgeAthletic’s Privacy Policy does not protect information provided in these notices.

11.2. Notification

• If you believe that your work was copied or posted on the Website in a way that constitutes copyright infringement, please contact our designated agent ("Designated Agent") at the email address below:

Bridge Athletic
Email: info@bridgeathletic.com

• If your concern is with content you posted to the Website, please note that by submitting, posting, or displaying your content on the Website, you grant BridgeAthletic a worldwide, royalty-free, non-exclusive license.

• If your content has not been previously posted to any BridgeAthletic site, your notification must include the following information:

  • A description of the copyrighted work you claim has been infringed. If you are not the owner of the copyrighted work, you must also include your electronic or digital signature as a person authorized to act on behalf of the copyright owner;
  • A detailed description of where the material that you claim is infringing is located on the Website;
  • Information reasonably sufficient to permit BridgeAthletic to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
  • A statement that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

• Under Section 512(f) of the DMCA, any person who knowingly misrepresents that material or activity is infringing is subject to liability.

• Upon receipt of the written notification containing the information as outlined in 1 through 5 above:

  • BridgeAthletic shall remove or disable access to the material that is alleged to be infringing;
  • BridgeAthletic shall forward the written notification to such alleged infringer;
  • BridgeAthletic shall take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material; and
  • BridgeAthletic shall take steps to promptly remove the material that is alleged to be infringing.

11.3. Account Termination

BridgeAthletic may, in appropriate circumstances, terminate an Account if the holder of such Account is a repeat infringer. If you believe that an individual using the Service is a repeat infringer, please follow the instructions above to contact the Designated Agent and provide information sufficient for us to verify that such individual is a repeat infringer.

12. Third-Party Links

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by BridgeAthletic. BridgeAthletic does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that this Agreement and BridgeAthletic's Privacy Policy do not apply to your use of such sites. You expressly relieve BridgeAthletic from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that BridgeAthletic shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

13. Indemnity

You agree to defend, indemnify and hold harmless BridgeAthletic and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's' fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your Account; (vi) any other party's access and use of the Service with your unique username, password or other appropriate security code; or (vii) physical or mental injury or death occurring, whether to you or a third party, in connection with your use of the Service.

We agree to defend, indemnify and hold harmless You and Your subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's' fees) arising from: (i) the misuse by us or any of our agents of any User Content; (ii) Our violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; or (iii) Our violation of any law, rule or regulation of the United States or any other country.

14. No Warranty

• 14.1.   THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BRIDGEATHLETIC OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, BRIDGEATHLETIC, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
• 14.2.   BRIDGEATHLETIC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND BRIDGEATHLETIC WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
• 14.3.   BRIDGEATHLETIC MAKES NO CLAIM THAT RECOMMENDED WORKOUT PLANS OR SPECIFIC EXERCISES ARE MEDICALLY SAFE FOR ANY INDIVIDUAL TO PERFORM AND HEREBY EXPLICITLY DISCLAIM ALL WARRANTIES THEREFOR. BRIDGEATHLETIC MAKES NO WARRANTY OR GUARANTEE THAT USE OF THE INFORMATION OR CONTENT PROVIDED BY THE SERVICE WILL RESULT IN ANY HEALTH RESULT, IMPROVEMENT OR BENEFITS, INCLUDING WITHOUT LIMITATION PHYSICAL, MENTAL OR EMOTIONAL HEALTH BENEFITS. OUR TRAINING AND LEARNING RECOMMENDATIONS ARE INTENDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. YOU ARE REQUIRED TO SEEK MEDICAL ADVICE FROM A QUALIFIED HEALTH CARE PRACTITIONER PRIOR TO BEGINNING ANY NEW EXERCISE OR TRAINING PROGRAM.
• 14.4.   SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

15. Limitation of Liability

• 15.1.   TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BRIDGEATHLETIC, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL BRIDGEATHLETIC BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
• 15.2.   TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRIDGEATHLETIC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY, PHYSICAL INJURY, MENTAL INJURY, DEATH, OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL BRIDGEATHLETIC, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO BRIDGEATHLETIC HEREUNDER.
• 15.3.   EXCEPT AS PROVIDED IN SECTION 19.3, THE AGGREGATE LIABILITY OF BRIDGEATHLETIC TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO BRIDGEATHLETIC FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT(S) OR CIRCUMSTANCES GIVING RISE TO CLAIM; OR (B) $100.
• 15.4.   EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 16 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
• 15.5.   THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BRIDGEATHLETIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
• 15.6.   The Service is controlled and operated from BridgeAthletic facilities in the United States. BridgeAthletic makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

16. Term and Termination

16.1. Commencement and Renewal

This Agreement commences on the date You first accept it and continues until all subscriptions hereunder have expired or have been terminated.

16.2. Term of Purchased Subscriptions. Term of Subscriptions

The term of each subscription shall be as specified in the applicable Order Form. Except as otherwise specified in an Order Form, subscriptions will automatically renew for additional periods equal to the expiring subscription term or one year (whichever is shorter), unless either party gives the other notice of non-renewal at least 30 days before the end of the relevant subscription term. The per unit pricing during any renewal term will increase by up to 7% above the applicable pricing in the prior term, unless We provide You notice of different pricing at least 60 days prior to the applicable renewal term. Except as expressly provided in the applicable Order Form, renewal of promotional or one-time priced subscriptions will be at Our applicable list price in effect at the time of the applicable renewal. Notwithstanding anything to the contrary, any renewal in which subscription volume for any Services has decreased from the prior term will result in re-pricing at renewal without regard to the prior term's per-unit pricing.

16.3. Termination

Either party may terminate this Agreement without cause upon thirty (30) days' written notice to the other party. BridgeAthletic may terminate this Agreement immediately upon your breach of any terms or conditions of this Agreement.

16.4. Refund or Payment Upon Termination

If the Service is terminated by you in accordance with Section 16.3., all amounts owed to BridgeAthletic at the time of such termination will become immediately due and payable. For avoidance of doubt, this includes all amounts on the applicable Order Form, inclusive of any agreed upon payments for future periods or years. If the Service is terminated by BridgeAthletic without cause, BridgeAthletic will provide you with a pro-rated refund of any prepaid fees covering the period from the date of termination through the end of the term in accordance with your Order Form. In no event will termination relieve your obligation to pay any fees payable to BridgeAthletic for the period prior to the effective date of termination.

16.5. Your Data Portability and Deletion

Upon request by You made within 30 days after the effective date of termination or expiration of this Agreement, We will make Your Data available to You for export or download as provided in the Documentation. After such 30-day period, we will have no obligation to maintain or provide any Your Data, and as provided in the Documentation will thereafter delete or destroy all copies of Your Data in Our systems or otherwise in Our possession or control, unless legally prohibited.

16.6. Surviving Provisions

Sections 8, 5, 7, 13, 14, 16.4 and 18 will survive any termination or expiration of this Agreement.

17. Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BridgeAthletic without restriction.

18. General

18.1. Governing Law

You agree that: (i) the Service shall be deemed to be solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over BridgeAthletic, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any claim or dispute between you and BridgeAthletic that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in San Francisco County, California, unless submitted to arbitration as set forth in Section 19 below.

18.2. Notification Procedures

BridgeAthletic may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on the Website, as determined by BridgeAthletic in our sole discretion. BridgeAthletic reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Agreement. BridgeAthletic is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add info@bridgeathletic.com to your email address book to help ensure you receive email notifications from us.

18.3. Entire Agreement/Severability

This Agreement, together with any amendments and any additional agreements you may enter into with BridgeAthletic in connection with the Service, shall constitute the entire agreement between you and BridgeAthletic concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

18.4. No Waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and BridgeAthletic's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Please contact us at info@bridgeathletic.com with any questions regarding this Agreement.

19. Dispute Resolution and Arbitration

19.1. Generally

In the interest of resolving disputes between you and BridgeAthletic in the most expedient and cost effective manner, you and BridgeAthletic agree that every dispute arising in connection with this Agreement will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of this Agreement, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND BRIDGEATHLETIC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

19.2. Exceptions

Despite the provisions of Section 19.1, nothing in this Agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.

19.3. Arbitrator

Any arbitration between you and BridgeAthletic will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting BridgeAthletic.

19.4. Notice; Process

A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail ("Notice"). BridgeAthletic's address for Notice is: Bridge Platform Holdings, Inc., PO Box 610123, Redwood City, CA 94061. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within thirty (30) days after the Notice is received, you or BridgeAthletic may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or BridgeAthletic must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, BridgeAthletic will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by BridgeAthletic in settlement of the dispute prior to the arbitrator's award; or (iii) $1,000.

19.5. Fees

If you commence arbitration in accordance with this Agreement, BridgeAthletic will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in San Francisco County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse BridgeAthletic for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

19.6. No Class Actions

YOU AND BRIDGEATHLETIC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and BridgeAthletic agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

19.7. Modifications to this Arbitration Provision

If we make any future change to this arbitration provision, other than a change to our address for Notice, you may reject the change by sending us written notice within 30 days of the change to our address for Notice, in which case your Account with us will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

19.8. Enforceability

If Section 19.6 is found to be unenforceable or if the entirety of this Section 19 is found to be unenforceable, then the entirety of this Section 19 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 18 will govern any action arising out of or related to this Agreement.

20. Public Announcements

BridgeAthletic may, with your consent, issue or release any announcement, statement, press release, or marketing materials relating to this Agreement, which may include the use of your trademarks, service marks, trade names, logos, domain names, or other indicia of source; prepare and utilize testimonials made by you; and use your name or other indicia of source in our lists of our current, or as the case may be, former customers in promotional and marketing materials.

21. Manner of Giving Notice

• 21.1.   All notices to Customer or to BridgeAthletic shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at info@bridgeathletic.com., if by email, or at Bridge Platform Holdings, Inc., PO Box 610123 Redwood City, CA 94061, if by conventional mail. Notices to Customer may be sent to the email address supplied by Customer when registering or updating his or her Account. In addition, BridgeAthletic may broadcast notices or messages through the Service to inform you of changes to the Service or other matters of importance, and such broadcasts shall constitute notice to you.
• 21.2.   Any notices or communication under this Agreement will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by facsimile; (5) on the delivery date if transmitted by email.

22. Notice Regarding Apple

If you are using our mobile applications on an iOS device, the terms of this Section 22 apply. You acknowledge that this Agreement is between you and BridgeAthletic only, not with Apple, and Apple is not responsible for the Service or its content. Apple has no obligation to furnish any maintenance or support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claim by you or any third party relating to the Service or your possession or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement or discharge of any third party claim that the Service or your possession and use of the mobile application infringe that third party's Intellectual Property Rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple's subsidiaries are third party beneficiaries of Section 22 of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Section 22 of this Agreement against you. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.