Terms & Conditions

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• Article 1 - Definitions
• Article 2 - The Entrepreneur’s identity
• Article 3 - Applicability
• Article 4 - The offer
• Article 5 - The agreement
• Article 6 - Right of withdrawal
• Article 7 - Consumer’s obligations during the reflection period
• Article 8 - Exercising the Consumer’s right of withdrawal and the costs
• Article 9 - Entrepreneur’s obligation in case of withdrawal
• Article 10 - Exclusion of the right of withdrawal
• Article 11 - The price
• Article 12 - Compliance and extra guaranty
• Article 13 - Delivery and execution
• Article 14 - Continuing performance contract: duration, termination and extension
• Article 15 - Payment
• Article 16 - Complaints procedure
• Article 17 - Disputes
• Article 18 - Additional or varying provisions

In these Terms and Conditions, the following terms shall have the following meanings:

1. Additional agreement: an agreement in which the Consumer acquires products, digital content and/or services with respect to a distance agreement and these goods, digital content and/or services are delivered by the Entrepreneur or a third party on the basis of an arrangement between this third party and the Entrepreneur
2. Reflection period: the period during which the Consumer may use his right of withdrawal;
3. Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Continuing performance contract: a contract serving to deliver goods, services and/or digital content in a given period;
7. Sustainable data carrier: any means, including email, that allow the Consumer or the Entrepreneur to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information
8. Right of withdrawal: the Consumer’s option not to proceed with the distance agreement within the cooling-off period;
9. Entrepreneur: the natural of legal person who is a member of Mad Dogg Athletics Europe and who provides products, (access to) digital content and or services to Consumers at a distance;
10. Distance contract: a contract concluded by the Entrepreneur and the Consumer within the scope of an organised system for distance selling products, digital content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract;
11. Standard form for withdrawal: the European standard form for withdrawal included in Appendix 1;
12. Technology for distance communication: a means to be used for concluding an agreement without the Consumer and the Entrepreneur being together in the same place at the same time.

Mad Dogg Athletics Europe B.V.
Scheldeweg 3
3144 ES Maassluis – Nederland

Phone: +31 1059 04508
Emailadres: [email protected]
Chamber of Commerce: 24371262
VAT number: NL814173652B01

If the Entrepreneur’s activity is subject to a relevant licensing regime: information about the supervising authority;

If the Entrepreneur practices a regulated profession:

• the professional association or professional organisation of which he is a member;
• the title of his profession, the place in the EU or in the European Economic Area where it is awarded;
• a reference to the rules of professional practice which are applicable in the Netherlands and information about where and how these rules of professional practice can be accessed.
  

1. These General Terms and Conditions apply to any offer from the Entrepreneur and to any distance contract concluded by the Entrepreneur and the Consumer.
2. Before concluding a distance contract, the Entrepreneur shall make the text of these General Terms and Conditions available free of charge and as soon as possible. If this is reasonably impossible, the Entrepreneur shall indicate in what way the General Terms and conditions can be inspected and that they will be sent free of charge if so requested before the distant contract is concluded.
3. If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a long-term data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically and that they will be sent to at the Consumer´s request free of charge, either via electronic means or otherwise, before concluding the distance contract;
4. In the event that a specific product or service condition applies in addition to these General Terms and Conditions, the second and third paragraphs shall apply accordingly, and in the event of contradictory terms and conditions, the Consumer may always appeal to the applicable provision that is most favourable to him/her. 
   

1. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
2. The offer contains a full and accurate description of the products, digital content and/or services offered. The description is suitably detailed to enable the Consumer to assess the products, or services and/or digital content adequately. If the Entrepreneur makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer do not bind the Entrepreneur.
3. All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer.
   

1. Subject to the provisions in paragraph 4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
2. If the Consumer accepted the offer via electronic means, the Entrepreneur shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may repudiate the contract.
3. If the contract is concluded electronically, the Entrepreneur will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, the Entrepreneur shall observe appropriate security measures.
4. The Entrepreneur may, within the limits of the law, gather information about Consumer’s ability to fulfil his payment obligations, and all facts and factors relevant to responsibly concluding the distance contract. If acting on the results of this investigation, the Entrepreneur has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request supported by reasons, or to attach special terms to the implementation.
5. Before delivering the product, the Entrepreneur shall send the following information along with the product, the service or the digital content in writing or in such manner that the Consumer can store it in an accessible manner on a long-term data carrier:
   • 1. the visiting address of the Entrepreneur´s business establishment where the Consumer may get into contact with any complaints;
   • 2. the conditions on which and the manner in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about his being exempted from the right of withdrawal;
   • 3. the information corresponding to existing after-sales services and guarantees;
   • 4. the price including all taxes of the product, service or digital content, where applicable the delivery costs and the way of payment, delivery or implementation of the distance contract;
6. the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time.
7. the standard form for withdrawal if the Consumer has the right of withdrawal.
8. In the case of a continuing performance contract, the stipulation in the previous paragraph only applies to the first delivery.
   

In case of products:

1. The Consumer can repudiate a purchase contract for a product without giving reasons for a period of reflection of at least 14 days. The Entrepreneur may ask the Consumer about the reason for the withdrawal but cannot force him to state his reason(s).
2. The reflection period referred to in sub-clause 1 starts on the day the product is received by the Consumer or by a third party appointed by him in advance and who is not the carrier, or
   • 1. if the Consumer ordered several products in the same order: the day on which the Consumer or a third party appointed by him received the last product. The Entrepreneur may refuse an order of several products with different delivery dates provided that he clearly informs the Consumer prior to the order process.
   • 2. in case the delivery of a product consists of several batches or parts: the day on which the Consumer or a third party appointed by him received the last batch or the last part.
   • 3. in case of an agreement about regular delivery of products during a given period: the day on which the Consumer or a third party appointed by him received the first product.
   In case of services and digital content that is not delivered on a physical carrier:
3. The Consumer can terminate an agreement for services or an agreement for delivery of digital content that is not delivered on a physical carrier without giving reasons for at least 14 days. The Entrepreneur may ask the Consumer about the reason for the withdrawal but cannot force him to state his reason(s).
4. The reflection period referred to in Article 3 starts on the day following the conclusion of the agreement.
   Extended reflection period for products, services and digital content that has not been delivered on a physical carrier in case no information is given about the right of withdrawal:
5. If the Entrepreneur has not provided the Consumer with the legally required information about the right of withdrawal or has not provided the standard form for withdrawal, the reflection period expires twelve months after the end of the original reflection period in accordance with the reflection period determined in the previous sub-clauses of this Article.
6. If the Entrepreneur provided the Consumer with the information referred to in the previous article within twelve months after the starting day of the original period of reflection, the period of reflection expires 14 days after the day on which the Consumer received the information.
   

1. During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent necessary for establishing the nature, the characteristics and the effect of The guiding principle is that the Consumer may only handle and inspect the product in the manner in which one is allowed to handle a product in a shop.
2. The Consumer is only liable for the decrease in value of the product that is caused by the way of handling the product which went further than allowed in sub-section
3. The Consumer is not liable for the decrease in value of the product if the Entrepreneur has not provided him with all legal information about the right of withdrawal before concluding the Agreement.
   

1. If the Consumer exercises his right of withdrawal he shall notify the Entrepreneur unambiguously with the standard form for withdrawal within the period of reflection.
2. The Consumer shall return the product or deliver it to (the authorized representative of) the Entrepreneur as soon as possible but within 14 days counting from the day following the notification referred to in sub-clause 1. This need not be done if the entrepreneur offered to collect the product The Consumer observed the period of returning the product in any event if the product is returned before the expiration of the period of reflection.
3. The Consumer shall return the product with all delivered accessories and if reasonably possible in the original state and packing and in conformity with reasonable and clear instructions given by the Entrepreneur.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the Consumer.
5. The Consumer shall bear the direct costs of returning the product. If the Entrepreneur has not reported that the Consumer has to bear these costs or if the Entrepreneur pointed out that he will bear the costs himself, the Consumer need not pay the cost of returning the product.
6. If the Consumer withdraws after having first explicitly requested that the performance of a service or the supply of gas, water or electricity having not been made ready for sale not be started in a limited volume or given quantity during the period of reflection, the Consumer shall pay the Entrepreneur an amount that is equal to the part of the obligation already performed at the time of withdrawal as compared with the full compliance of the
7. The Consumer does not bear the costs for performing services for the supply of water, gas or electricity that had not been made ready for sale in a limited volume or quantity, or for the supply of district heating if
   • 1. the Entrepreneur has not provided the Consumer with the statutorily required information about the right of withdrawal, the compensation of costs in case of withdrawal or the standard form for withdrawal, or
   • 2. if the Consumer has not explicitly requested that the performance of the service or the supply of gas, water and electricity or district heating be started during the period of reflection.
   • 3. The Consumer does not bear any cost for the full or partial delivery of digital content not stored on a physical carrier if
   • 4. prior to the delivery, he has not explicitly consented to start performance of the agreement before the end of the period of reflection;
   • 5. he did not acknowledge to lose his right of withdrawal when giving consent; or
   • 6. the Entrepreneur failed to confirm the Consumer’s statement.
8. If the Consumer exercises his right of withdrawal, all additional agreements end by operation of law.
   

1. If the Entrepreneur makes the notification of withdrawal by electronic means possible, he shall promptly send a return receipt.
2. The Entrepreneur shall reimburse all payments made by the Consumer, including any delivery costs that the Consumer may charge for the returned product, as soon as possible but within 14 days following the day on which the Consumer notified him of the withdrawal. Unless the Entrepreneur offers to collect the product himself, he can wait with paying back until having received the product or until the Consumer proved that he returned the product, whichever occurs first.
3. The Entrepreneur shall make use of the same means of payment that the Consumer used unless the Consumer consents to another method. The reimbursement is free of charge for the Consumer.
4. If the Consumer opted for a more expensive method of delivery instead of the cheapest standard delivery, the Entrepreneur need not reimburse the additional costs for the more expensive method.
   

The Entrepreneur can exclude the following products and services from the right of withdrawal but only if the Entrepreneur notified this clearly when making the offer or at any rate in good time before concluding the agreement:

1. Products or services with a price that is subject to fluctuations in the financial market on which the Entrepreneur has no influence and which may occur within the period of withdrawal;
2. Agreements that are concluded during a public auction. A public auction is defined as a selling method whereby the Entrepreneur offers products, digital content and/or services to the Consumer who is personally present or has the possibility to be personally present at the auction under the direction of an auctioneer and whereby the successful bidder is obliged to purchase the products, the digital content and/or the services.
3. Services agreements, after full performance of the service, but only if
4. the performance started with the Consumer’s explicit prior consent; and
5. the Consumer stated that he will lose his right of withdrawal as soon as the Entrepreneur has fully performed the agreement.
6. Services agreements for making accommodation available when a certain period of implementation is provided and other than for residential purposes, goods transports, car rental services and catering;
7. Agreements related to leisure activities when a certain date or period of performance is arranged in the agreement;
8. Products manufactured in accordance with the Consumer’s specifications which are not prefabricated and which are produced on the basis of a Consumer’s individual choice or decision or which are intended for a specific person;
9. Perishable products or products with limited durability.
10. Sealed products which are for health or hygiene reasons not suitable for being returned and of which the seal was broken;
11. Products which for their nature are irreversibly mixed with other products;
12. Alcoholic drinks of which the price has been agreed upon at the conclusion of the agreement but of which the delivery can take place only after 30 days, and whose real value depends on fluctuations in the market which the Entrepreneur cannot affect.
13. Sealed audio and video recordings and computer programs of which the seals were broken after delivery;
14. Newspapers, periodicals or magazines, with the exception of subscriptions to them;
15. The delivery of digital content other than on a physical carrier, but only if: the performance was started with the Consumer’s explicit prior consent;
16. the Consumer stated that he will lose his right of withdrawal by doing so.
    

1. The prices of the products and/or services provided shall not be raised during the validity period given in the offer, subject to changes in price due to changes in VAT rates.
2. Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.
3. Price increases within 3 months after concluding the contract are permitted only if they are the result of new legislation.
4. Price increases from 3 months after concluding the contract are permitted only if the Entrepreneur has stipulated it and
5. they are the result of legal regulations or stipulations, or
6. the Consumer has the authority to cancel the contract before the day on which the price increase starts.
7. All prices indicated in the provision of products or services are including VAT.
   

1. The Entrepreneur guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded. If agreed, the Entrepreneur also guarantees that the product is suitable for other than normal use.
2. An extra guarantee offered by the Entrepreneur, his Supplier, Manufacturer or Importer shall never affect the rights and claims the Consumer may exercise against the Entrepreneur about a failure in the fulfilment of the Entrepreneur’s obligations if the Entrepreneur has failed in the fulfilment of his part of the agreement.
3. ‘Extra guarantee’ is taken to mean each obligation by the Entrepreneur, his Supplier, Importer or Manufacturer in whom he assigns certain rights or claims to the Consumer that go further than he is legally required in case he fails in the compliance with his part of the agreement.
   

1. The Entrepreneur shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of services.
2. The place of delivery is at the address given by the Consumer to the Entrepreneur.
3. With due observance of the stipulations in Article 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders with convenient speed but at least within 30 days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within one month after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge and with the right to possible compensation.
4. After repudiation in conformity with the preceding paragraph, the Entrepreneur shall return the payment made by the Consumer promptly but at least within 30 days after repudiation.
5. The risk of loss and/or damage to products will be borne by the Entrepreneur until the time of delivery to the Consumer or a representative appointed in advance and made known to the Consumer unless explicitly agreed otherwise.
   

Termination

1. The Consumer may at all times terminate a contract that was concluded for an indefinite time and which extends to the regular delivery of products (including electricity) or services, with due observance of the termination rules and subject to not more than one month’s notice.
2. The Consumer may at all times terminate a contract that was concluded for a specific time and which extends to the regular delivery of products (including electricity) or services at the end of the specific period, with due observance of the termination rules and a subject to not more than one month’s notice.
3. The Consumer can cancel the agreements mentioned in the preceding paragraphs:
   - at any time and not be limited to termination at a particular time or in a given period;
   - at least in the same way as they were concluded by him;
   - at all times with the same notice as the Entrepreneur stipulated for himself.

Extension

1. An agreement concluded for a definite period that extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.
2. Notwithstanding the preceding paragraph, a contract for a definite period which extends to the regular delivery of dailies, newspapers, weekly newspapers and magazines, may tacitly be renewed for a specific period of three months at the most if the Consumer can terminate this extended agreement towards the end of the extension with a notice of one month at the most. 
3. An agreement concluded for a definite period and which extends to the regular delivery of products or services may only be extended tacitly for an indefinite period if the Consumer can cancel it at any time with a notice of one month. The notice is three months at the most in vase the contract is about a delivery of dailies, newspapers and weeklies and magazines occurring regularly but less than once a month.
4. An agreement with a limited duration of regular delivery of trial dailies, newspapers, weeklies and magazines (trial or introductory subscription) is not renewed tacitly and ends automatically after the trial or introductory period.

Duration

1. If the duration of a contract is more than one year, the Consumer may terminate the contract at any time after one year with a notice of not more than one month, unless reasonableness and fairness resist the termination before the end of the agreed term.
   

1. Unless otherwise stipulated in the agreement or in the additional conditions, the amounts to be paid by the Consumer must be settled within 14 days after the period of reflection, or if there is no period of reflection within 14 days after concluding the agreement. In case of an agreement to provide a service, this period starts on the day that the Consumer received the confirmation of the agreement.
2. When selling products to Consumers, it is not permitted to negotiate an advance payment of more than 50% in the General Terms and Conditions. If an advance payment was agreed upon, the Consumer may not assert any right regarding the execution of the order in question or the service(s) in question before making the agreed advance payment.
3. The Consumer has the duty to inform the Entrepreneur promptly of possible inaccuracies in the payment details that were given or specified.
4. In case the Consumer has not complied with his payment obligation(s) in time, and the Entrepreneur has pointed out to him that the payment was late and allowed the Consumer a period of 14 days to comply with the payment obligations, the Consumer is to pay the statutory interest on the amount payable and the Entrepreneur is entitled to charge the Consumer with any extrajudicial collection costs. These extrajudicial collection costs amount to no more than 15% for outstanding amounts up to € 2,500, 10% for the following € 2,500 and 5% for the following € 5000, with a minimum of € 40. The Entrepreneur may deviate from the aforementioned amounts and percentages in favour of the Consumer.
   

1. The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
4. A dispute will only be dealt with if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
5. No later than twelve months after the dispute arises, the dispute must be submitted in writing.
   

1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.
2. The Vienna Sales Convention does not apply.
   

Additional provisions or deviating from these terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium. 

1. Who May Use the Spinning® app Service.
2. License to Use the Spinning® app Service.
3. Privacy Policy
4. Subscription Requirements Registration
5. Subscription Structure and Fees
6. Term and Termination; Account Deletion
7. Indemnification
8. Third Party Links and Content
9. Disclaimers
10. Limitation of Liability
11. Professional Advice Disclaimer / Medical Disclaimer
12. Medical Disclaimer
13. Intellectual Property
14. Arbitration Clause & Class Action Waiver
15. Governing Law
16. Interpretation; Severability; Waiver; Remedies
17. Successors; Assignment; No Third Party Beneficiaries.
18. Notices
19. Modification
20. Entire Agreement

PLEASE READ THIS LEGAL DOCUMENT CAREFULLY.

These Terms of Service (“Terms”) are entered into between you and Mad Dogg Athletics, Inc., a Nevada corporation (“MDA”) and its subsidiaries and affiliates (referred to collectively as “,” “we,” “our” or “us”). The Terms govern (a) your use of connected fitness devices (the “Products”), (b)your use of our websites, including www.spinning.com and www.spinning.eu, and (c) your access to and use of our virtual and on demand workouts, and mobile, desktop, or device applications Buy Now, Pay Over Time with Affirm for the Products, and other services, including MDA-controlled social media pages and any SMSs,APIs, email notifications, buttons, widgets, features, ads, commerce services, and anyinformation, text, links, graphics, photos, audio, videos, or other materials or arrangements ofmaterials uploaded, downloaded or appearing on or through the Sites (collectively with the Sites,the “Services”).

Mad Dogg Athletics, Inc. (“MDA”) provides an online fitness video library through the Spinning®app website located at dashboard.Spinning.com (the “Spinning® app Service”). By registering asa member or by visiting, browsing, or using the Spinning® app Service in any way, you (as a“user”) accept these Terms of Service (“Agreement”), which forms a binding agreement between you and MDA.

PLEASE READ: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASSACTION WAIVER (SECTION 13). READ CAREFULLY, INCLUDING YOUR RIGHT, IF APPLICABLE, TOOPT OUT OF ARBITRATION. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION13 BELOW, BY ENTERING INTO THIS AGREEMENT YOU EXPRESSLY AGREE THAT DISPUTESBETWEEN YOU AND MDA WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, ANDYOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

If you do not wish to be bound by this Agreement, you may not access or use the Spinning® appService. Certain elements of the Spinning® app Service may be subject to additional terms andconditions specified from time to time; your use of those elements of the Spinning® app issubject to those additional terms and conditions, which are incorporated into this Agreement bythis reference.

Age Requirement. You must be at least 18 years old to register with and use the Spinning® appService. MDA may, in its sole discretion, refuse to offer the Spinning® app Service to any personor entity and change the eligibility criteria at any time. You are solely responsible for ensuringthat this Agreement is in compliance with all laws, rules and regulations applicable to you, andthe right to access and use the Spinning® app Service is revoked where this Agreement or use ofthe Spinning® app Service is prohibited or conflicts with any applicable law, rule or regulation.Further, the Spinning® app Service is offered only for your personal use, and not for the use orbenefit of any third party.

License. Subject to your compliance with this Agreement, Spinning® app grants you a limited,non-transferable, non-exclusive, revocable license to access and use the Spinning® app Servicefor your personal, non-commercial use only in the manner provided for in this Agreement. Thislicense includes the right to view licensed content available on the Spinning® app Service for thepurpose of providing fitness, health and exercise instruction to you. This license is personal toyou and may not be assigned, sublicensed or shared with anyone else.

Restrictions. Except as expressly permitted in writing by an authorized representative of MDA,you will not reproduce, redistribute, sell, create derivative works from, decompile, reverseengineer, or disassemble the Spinning® app Service, nor will you take any measures to interferewith or damage the Spinning® app Service or the Spinning® app website. All rights notexpressly granted by Spinning® app in this Agreement are reserved to MDA.

Our Privacy Policy (https://spinning.com/pages/privacy-policy) forms a part of this Agreementand is incorporated herein by reference. Please review the Privacy Policy to learn about:

• What information we may collect about you;
• What we use that information for; and
• With whom we share that information.

To enjoy full access to the Spinning® app Service, you must register as a subscriber of theSpinning® app Service and enter into a subscription agreement for access to our library of pre-recorded content and features (a “Subscription”). You must provide complete and accuratepersonal information and registration information to Spinning® app, complete the Subscriptionprocess, and notify us promptly if any of your information changes.

Account Security.  You are responsible for all activity that occurs under your account, includingany activity by unauthorized users. You may not allow others to use your account. You mustsafeguard the confidentiality of your password, and if you are using a device that others haveaccess to, log out of your account after using the Spinning® app Service to ensure nounauthorized users access your account. If you become aware of unauthorized access to youraccount, change your password and notify us immediately at info@Spinning®.com.

You may register for or log-in to your account via a third-party network, such as Apple. If you doso, you hereby authorize MDA to pre-populate the registration and other relevant informationfields of your account and/or to use such third-party credentials to log you into your account. Ifyou connect your account to a third-party network, you agree to comply with the terms andconditions and policies applicable to such third party.

By virtue of certain of the Services connecting to the Google Maps API, you hereby agree to bebound by the Google Maps/Google Earth Additional Terms of Service (including the GooglePrivacy Policy) in connection with your use of such Services.

MDA will provide information on its then-current Subscription requirements on the Spinning®app Site and/or by other means through the Spinning® app Service. Features and prices are subject to change without notice.

We offer certain products and services on an automatic or subscription basis, so you can enjoy allthe benefits of our products or services on a continuous basis. If you choose this option at thetime of your purchase, you agree such products/services will automatically renew at thefrequency disclosed to you at the time of your initial purchase (i.e., monthly, quarterly or annualbasis, etc.). By choosing the automatic subscription option, you acknowledge and agree yoursubscription will automatically renew, and unless and until you cancel, you authorize us tocharge your payment method for the products/services you continue to purchase, plusapplicable shipping and handling, and taxes. If you purchased a subscription with a free trialperiod, you authorize us to charge your payment method when the free trial period ends, unlessyou cancel your subscription before the free trial period ends, and you will not receive a noticefrom us that your free trial period has ended. The charges will typically occur on or around thesame day of the month as your initial purchase, although some charges may be delayed forbusiness or legal reasons. Physical products will be delivered to the address you provided duringyour initial purchase. Certain subscription services, such as the Spinning® app, Spinning®Connect and Spinning® Studio Connect are not physical products, and thus, are not shippable.Your automatic subscription will continue until you or Spinning® cancels your order. If there areany changes to your subscription terms, such as pricing, frequency, date of charge or any otheritems, we will take commercially reasonable efforts to inform you in writing of such change. Anymodifications or cancellation of your subscription must be received by us at least three (3) daysprior to the next scheduled payment/ship date in order to take effect for that period. If you cancelless than three (3) days prior to the automatic renewal day for your subscription, yoursubscription will continue as scheduled and your cancellation will take effect in the following period.

All fees for app subscriptions, memberships, in-app purchases, and any other digital content arenon-refundable, except in cases of a verified billing error (e.g., duplicate or unintended charge).By completing your purchase, you acknowledge and agree that you are waiving any statutoryright to cancel or receive a refund for digital content that is delivered immediately.

If the Subscription has been made through an In-app purchase, the Application Store’s refundpolicy will apply. If you wish to request a refund, you may do so by contacting the ApplicationStore directly.

Term. This Agreement begins on the date you first use the Spinning® app Service and continuesas long as you have an account with MDA and/or continue to use the Spinning® app Service.

Termination for Breach. MDA may, in MDA’s sole discretion, suspend, disable, or delete youraccount (or any part thereof) or block or remove any User Content (defined below) that yousubmitted if MDA determines that you have violated this Agreement or that your conduct orcontent would tend to damage MDA’s reputation and goodwill. If MDA deletes your account forthese reasons, you may not re-register for or use the Spinning® app Service under any other username or profile. MDA may block your access to the Spinning® app Service to prevent re-registration.

Effect of Termination / Account Deletion.  Upon termination of this Agreement all licensesgranted by MDA will terminate. The following sections survive termination: Indemnification,Limitation of Liability, Professional Advice Disclaimer, Medical Disclaimer, Intellectual Propertyand Sections 10-19. In the event of account deletion for any reason, User Content may no longerbe available and MDA is not responsible for the deletion or loss of such User Content. For clarity,if you cancel your Subscription or it is terminated for any reason, you will lose access to all liveand on-demand classes and any other content or features provided through the Spinning® appService. MDA may, in its sole discretion, make available a very limited amount of content orfeatures to non-subscribers from time to time.

When interacting with other Spinning® app Service members, you should exercise caution andcommon sense to protect your personal safety and property, just as you would when interactingwith other people you don’t know. Your participation, correspondence or personal or businessdealings with any third party found on or through the Spinning® app Service, whether regardingpayment or delivery of specific goods and services, donations or fundraisers, and any otherterms, conditions, representations or warranties associated with such dealings, are solelybetween you and such third party. You agree that MDA is not responsible or liable for any loss,damage, injury, or other matters of any sort incurred as the result of such dealings.

You agree to indemnify, defend, and hold harmless MDA 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 Spinning® app Service, (ii) any User Content submitted by or on behalf ofyou, or (iii) your violation of this Agreement.

8. THIRD PARTY LINKS AND CONTENT. There may be links on the Spinning® app Service that let you leave the particular Spinning® appService content you are accessing in order to access a linked site that is operated by a third party.MDA neither controls nor endorses these sites, nor has MDA reviewed or approved the contentthat appears on them. MDA is not responsible for the legality, accuracy or inappropriate nature ofany content, advertising, products or other materials on or available from any such third partysites. You acknowledge and agree that MDA is not responsible or liable, directly or indirectly, forany damage or loss caused or alleged to be caused by or in connection with the access or use ofany of the links, content, goods or services available on or through these third party sites.

MDA reserves the right to modify the Spinning® app Service, including, but not limited toupdating, adding to, enhancing, modifying, removing or altering any content or features of theSpinning® app Service, at any time, in its sole discretion. You are responsible for providing yourown access (e.g., computer, mobile device, Internet connection, etc.) to the Spinning® appService. MDA has no obligation to screen or monitor any content and does not guarantee that any content available on the Spinning® app Service is suitable for all users or that it will continueto be available for any length of time.

MDA provides the Spinning® app Service on an “AS IS” and “AS AVAILABLE” basis. You thereforeuse the Spinning® app Service at your own risk. MDA expressly disclaims any and all warrantiesof any kind, whether express or implied, including, but not limited to implied warranties ofmerchantability, fitness for a particular purpose, non-infringement, and any other warranty thatmight arise under any law. Without limiting the foregoing, MDA makes no representations or warranties:

• That the Spinning® app Service is or will be permitted in your jurisdiction;
• That the Spinning® app Service will be uninterrupted or error-free;
• That the Spinning® app Service will meet your personal or professional needs;
• That Spinning® app will continue to support any particular feature of the Spinning® app Service; or
• Concerning sites and resources outside of the Spinning® app Service, even if linked to fromthe Spinning® app Service.

To the extent that another party may have access to or view content on your device, you aresolely responsible for informing such party of all disclaimers and warnings in this Agreement. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, ALL APPLICABLEEXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO APERIOD OF 30 DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE SPINNING® APP SERVICE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.

To the fullest extent permitted by law: (i) MDA shall not be liable for any indirect, incidental,special, consequential, punitive, or exemplary damages, including but not limited to damages forloss of profits, goodwill, use, personal injury, loss of data or other intangible losses; and (ii) MDA’stotal liability to you for all claims, in the aggregate, will not exceed the amount actually paid byyou to MDA over the 12 months preceding the date your first claim(s) arose.

Professional Advice Disclaimer. THE SPINNING® APP SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNEDFOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOURPHYSICIAN BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON THISINFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICALADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUTYOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CAREPROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTHRELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU
MAY HAVE READ ON THE SPINNING® APP SITE OR HEARD ON THE SPINNING® APP SERVICE.THE USE OF INFORMATION PROVIDED THROUGH THE SPINNING® APP SERVICE IS SOLELY ATYOUR OWN RISK.

NOTHING STATED OR POSTED ON THE SPINNING® APP SITE OR AVAILABLE THROUGH ANYSPINNING® APP SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICEOF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OFMEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY,PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS,PROGNOSIS OR ADVICE. THE SPINNING® APP SERVICE IS CONTINUALLY UNDERDEVELOPMENT AND MDA MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TOITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD,DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS ANDNUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICECONTAINED IN THE SPINNING® APP SERVICE WILL ALWAYS INCLUDE THE MOST RECENTFINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

Medical Disclaimer.  In becoming a user of Spinning® app with the intent of using the Spinning® app Service, youaffirm that either: (A) all of the following statements are true, namely, (i) no physician has everinformed you that you have a heart condition or that you should only do physical activitiesrecommended by a physician, (ii) you have never felt chest pain when engaging in physicalactivity, (iii) you have not experienced chest pain when not engaged in physical activity at anytime within the past month, (iv) you have never lost your balance because of dizziness and youhave never lost consciousness, (v) you do not have a bone or joint problem that could be madeworse by a change in your physical activity, (vi) your physician is not currently prescribing drugsfor 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 hasspecifically approved of your use of the Spinning® app Service. If applicable, you further affirmthat (a) you are not pregnant, breastfeeding or lactating, or (b) your physician has specificallyapproved your use of the Spinning® app Service. MDA reserves the right to refuse or cancel yourmembership if it determines that you have certain medical conditions or that therepresentations set forth above are untrue in any respect.

You acknowledge that the Spinning® app Service contains software and other content that isprotected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and thatthese rights are valid and protected in all forms, media and technologies existing now orhereafter developed. All Spinning® app-generated content, and content provided to MDA by itspartners and licensors, is copyrighted individually and/or as a collective work under the U.S.copyright laws; further, as between you and MDA, MDA owns a copyright in the selection,coordination, arrangement and enhancement of all content in the Spinning® app Service.

Subject to your compliance with this Agreement, and solely for so long as you are permitted byus to access and use the Spinning® app Service, you may download one copy of the applicationto any single device for your personal, non-commercial home use only, provided you keep intactall copyright and other proprietary notices, and are in compliance with this Agreement. Subjectto your compliance with this Agreement, and solely for so long as you are permitted by us toaccess and use the Spinning® app Service, MDA hereby grants you a limited, revocable, non-exclusive, non-transferable right and license to access and use the content made available onthe Spinning® app Service for your personal, non-commercial use of the Spinning® app Servicefor the purpose of providing fitness, health and exercise instruction to you, and for no otherpurpose whatsoever. Unless otherwise specified, copying or modifying any content or usingcontent for any purpose other than your personal, non-commercial use of the Spinning® appService, including use of any such content on any other website or networked computerenvironment, is strictly prohibited.

The Spinning® app name, logos and affiliated properties, designs and marks are the exclusiveproperty of Mad Dogg Athletics, Inc., and/or its affiliates, whether registered or unregistered, andmay not be used in connection with any product or service that is not ours, or in any mannerthat is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person,product or service. Nothing contained on the Spinning® app Service should be construed asgranting, by implication, estoppel or otherwise, any license or right to use any of our tradenames, trademarks or other intellectual property without our express prior written consent.

Any other trademarks appearing on the Spinning® app Service are trademarks of theirrespective owners. Our partners or service providers may also have additional proprietary rightsin the content that they make available through the Spinning® app Service. All rights notexpressly granted in this Agreement are reserved.

Arbitration. YOU AND WE AGREE THAT ALL DISPUTES BETWEEN YOU AND MDA OR ITSOFFICERS, DIRECTORS OR EMPLOYEES IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCHDISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US,INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THIS AGREEMENT, YOUR USE OF THESPINNING® APP SERVICE, AND/OR RIGHTS OF PRIVACY OR PUBLICITY, WILL BE RESOLVED BYBINDING, INDIVIDUAL ARBITRATION UNDER THE JAMS, INC. (“JAMS”) RULES FOR ARBITRATIONOF CONSUMER-RELATED DISPUTES IN EFFECT AT THE TIME OF DISPUTE, AND YOU AND WEHEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT EITHER PARTY MAYSEEK INJUNCTIVE OR OTHER APPROPRIATE EQUITABLE RELIEF IN ANY U.S. COURT HAVINGJURISDICTION TO PROTECT AGAINST AN INFRINGEMENT OR MISAPPROPRIATION OF THATPARTY’S INTELLECTUAL PROPERTY RIGHTS. DISCOVERY AND RIGHTS TO APPEAL INARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THATYOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

Small Claims Court. As an alternative, you or MDA may bring a claim in your local “small claims”court, if permitted by that small claims court’s rules and within such court’s jurisdiction, unless the action is transferred, removed or appealed to a different court. You may bring such claimsonly on your own behalf.

Class Action Waiver. Neither you nor MDA or its affiliates and business partners will participatein a class action or class-wide arbitration for any claims covered by this agreement to arbitrate.YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASSMEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US, INCLUDING ANY RIGHT TO CLASSARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not toparticipate in claims brought in a private attorney general or representative capacity, orconsolidated claims involving another person’s account, if we are a party to the proceeding. Thisdispute resolution provision is governed by the Federal Arbitration Act and not by any state lawconcerning arbitration. If JAMS is unwilling or unable to set a hearing date within 160 days offiling, then either we or you can elect to have the arbitration administered instead by theAmerican Arbitration Association. Judgment on the award rendered by the arbitrator may beentered in any court having competent jurisdiction. Any provision of applicable lawnotwithstanding, the arbitrator will not have authority to award damages, remedies or awardsthat conflict with this Agreement.

Time Limitation. You agree that regardless of any statute or law to the contrary, any claim orcause of action arising out of, related to or connected with your relationship with us, includingthe use of the Spinning® app Service or this Agreement, must be filed within one year after suchclaim or cause of action arose or be forever banned.

Opt-Out. If you do not wish to be bound by the arbitration and class action waiver provisions inthis Section 13, you must notify us in writing within 30 days of the date that you first use theSpinning® app Service or 30 days from the date this Section 13 was last updated (unless a longerperiod is required by applicable law). Your written notification must include your name andmailing address, your username and the email address you used to set up your Spinning® appaccount (if you have one), and a statement that you do not wish to resolve disputes with usthrough arbitration and demonstrating compliance with the 30-day time limit to opt out. You must mail your opt-out notice to this address: Mad Dogg Athletics, Inc., Attn: Dispute Resolution Opt-out, 2111 Narcissus Court, Venice, CA 90291. If you do not notify us in accordance with this Section 13, you agree to be bound by the arbitration and class-action waiver provisions set outabove, including any revisions we make to this Agreement after the date of your acceptance. Ifwe make any changes to this Section (other than a change to the address at which we will receive notices), you may reject the change by sending us written notice to the above address within 30 days of the effective date of the change. Any opt-out notice affects this Agreement only; if you previously entered into other arbitration agreements or class action waivers with usor enter into other such agreements in the future, your notification that you are opting out of thedispute resolution provision in this Agreement will not affect the other agreements between youand us.

Fees. Your arbitration fees will be limited to those fees set forth in the JAMS Rules for Arbitratio nof Consumer-Related Disputes with the remainder paid by Spinning® app.

Survival. This Section 13 will survive the termination of your relationship with us. If any of theprohibitions against class actions and other claims brought on behalf of third parties containedabove is found to be unenforceable under applicable law, then such provisions will be null andvoid and severed from this Agreement.

This Agreement shall be governed by the laws of the State of California, United States of America,without regard to principles of conflicts of law. The Uniform Commercial Code, the UniformComputer Information Transaction Act, and the United Nations Convention of Controls forInternational Sale of Goods shall not apply. Subject to the foregoing agreements in Section 13,any other action arising out of or relating to this Agreement or your use of the Spinning® appService must be commenced in the state or federal courts located in Los Angeles, California,United States of America, and you consent to the jurisdiction of those courts.

Headings are for convenience only and shall not be used to construe the terms of thisAgreement. If any term of this Agreement is found invalid or unenforceable by any court ofcompetent jurisdiction, that term will be severed from this Agreement. No failure or delay byMDA in exercising any right hereunder will waive any further exercise of that right. MDA’s rightsand remedies hereunder are cumulative and not exclusive.

This Agreement is binding upon and will inure to the benefit of both parties and their respectivesuccessors, heirs, executors, administrators, personal representatives, and permitted assigns. Youmay not assign or transfer this Agreement without MDA’s prior written consent. No third partyhas any rights hereunder. MDA may assign its rights, obligations and/or this Agreement at anytime in its sole discretion without notice to you.

You consent to receive all communications including notices, agreements, disclosures, or otherinformation from MDA electronically. MDA may communicate by email or by posting to theSpinning® app Service. For support-related inquiries, you may email info@Spinning®.com. For all other notices to MDA, write to the following address:
Mad Dogg Athletics, Inc
2111 Narcissus Court
Venice, California 90291
Attn: Legal Department

Nothing in this Agreement or otherwise limits MDA’s right to object to subpoenas, claims, orother demands.

This Agreement may be modified at any time by MDA. Any such modification will be communicated to you by, at a minimum, revising the “Last Updated” date at the top of this page. Subject to Section 13, unless otherwise specified by us, modifications will be effective as of the date they are posted to the Spinning® app Service.

This Agreement incorporates the following legal documents by reference, as well as any other policies or procedures referenced herein that are posted to the Spinning® app website from time to time:

• Privacy Policy

In the event of a conflict between any policies posted on the Spinning® app Service and the terms of this Agreement, the terms of this Agreement will control. This Agreement represents the entire understanding between MDA and you and supersedes all prior agreements and understandings regarding the same.