Terms

TERMS OF USE
Homh, Inc. (“Homh,” “we,” “us,” or “our”) welcomes you. We invite you to access and use our online services (the “Services”), which are made available to you through a variety of platforms, including https://iamhom.com and the Homh app (collectively, the “Platform”). We provide access to our Platform to Visitors and Members subject to these terms of use (the “Terms of Use”), which may be updated by us from time to time without notice to you. We provide our private and group fitness class sessions (“Sessions”) and Events to our members subject to our fitness class sessions and events agreement attached hereto as Schedule A (the “Sessions and Events Agreement”). PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND HOMH. In these Terms of Use, the words “including” and “include” mean “including, but not limited to.” By browsing the public areas of our website or by accessing and using the Platform, you acknowledge that you have read, understood, and agree to be legally bound by the Terms of Use, our privacy policy attached hereto as Schedule B (the “Privacy Policy”) and the Sessions and Events Agreement which are hereby incorporated by reference (the Terms of Use, Privacy Policy and Sessions and Events Agreement collectively, the “Agreement”). If you do not agree to the terms of this Agreement, you are not authorized to use the Platform, place Orders (as defined below), or participate in any Sessions and/or Events.
ARBITRATION AND CLASS-ACTION WAIVER NOTICE: SECTION 18, THE DISPUTE RESOLUTION SECTION OF THE TERMS OF USE, CONTAINS AN ARBITRATION CLAUSE. AS PROVIDED IN SECTION 18, YOU AGREE THAT DISPUTES BETWEEN YOU AND HOMH WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

DEFINITIONS

“Events” shall mean any program, event, or other gathering planned or hosted by Homh that is not a Session.
“Homh Building” shall mean any residence or other establishment in which Events, Sessions, and/or any other Homh services are provided. “Management Company” shall mean any person or entity that contracts with Homh to provide services at a building owned by such person or entity.
“Members” shall mean Visitors who have signed up for the Platform and who have had their account approved by Homh.
“Minor Participant Waiver Form” shall mean a form signed by the parent or guardian of any minor prior to the minor’s registration as a Member or participation in any Sessions or Events.
“User Content” shall mean any content in any medium, including comments, reviews, pictures and videos, posted to the Platform by a Member.
“Visitors” shall mean any person who accesses the Platform who is not a Member.

DESCRIPTION OF SERVICES

We provide Visitors and Members with access to the Platform as described in this Agreement.
Visitors can (a) view all publicly-accessible content, and (b) e-mail us. Login may be required for Members. Members have the same access rights as Visitors, and may: (i) order Sessions or Events, order group memberships, and RSVP or pay for classes or other goods and services, such as fitness instructional programs (each, an “Order”); (ii) schedule or request Sessions and Events; (iii) participate in our promotional offers; (iv) sign up for alerts and other notifications; and (v) post User Content.
We are under no obligation to accept any person as a Member, and may accept or reject any Member in our sole and complete discretion.

RESTRICTIONS

The Platform is available for individuals 13 years or older. If you are under 13, please do not use the Platform. By accessing and using the Platform, you represent and warrant that you are at least 13 and you affirm that you can form a binding contract with Homh. If you are at least 13 but under 18, you may register and use the Platform and participate in Sessions or Events only with the involvement of a parent or guardian. Registration of a minor must be completed with explicit parental consent, including the submission of a Minor Participant Waiver Form signed by a parent or guardian. Minors who are at least 13 years of age who have submitted a Minor Participant Waiver Form signed by a parent or guardian may place Orders on the Platform. Minors are not permitted to attend any Events in which alcohol may be served without being accompanied by a supervising parent or guardian who accepts responsibility for and any liability relating to Minor at such events, including liability based on Homh’s negligence. By accessing and using the Platform, you represent and warrant that you are authorized to use the payment method selected to remit payment to Homh.

DISCLAIMER

AS NOTED MORE FULLY IN THE SESSIONS AND EVENTS AGREEMENT ATTACHED AS SCHEDULE A, YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE STARTING ANY EXERCISE PROGRAM. THIS IS PARTICULARLY TRUE IF ANY OF THE FOLLOWING APPLY TO YOU:

CHEST PAIN OR PAIN IN THE NECK AND/OR ARM;
SHORTNESS OF BREATH;
DIAGNOSED HEART CONDITION;
JOINT AND/OR BONE PROBLEMS;
IF YOU ARE TAKING ANY MEDICATIONS, ESPECIALLY CARDIAC AND/OR BLOOD PRESSURE MEDICATIONS;
HAVE NOT PREVIOUSLY BEEN PHYSICALLY ACTIVE; OR
DIZZINESS

ORDERS AND PAYMENT

You agree and represent that you are a member of your Management Company’s gym or related premises or facilities and retain full authority to use your Management Company’s on-site gym, related premises, facilities, and equipment, signing necessary waivers and paying dues qualifying you as a Homh eligible member. You agree that Homh may immediately authorize your credit card (or other approved facility) to remit payment for all Orders. As set forth more fully in Section 7 below, you must keep your Password (as defined below) strictly confidential. You are fully responsible for all activities that occur under your Password, and you agree to be liable for all charges incurred under your Password. Your liability for such charges shall survive the termination of this Agreement. If you have a question about a transaction on your credit card statement, please use the “Contact Us” section of the Platform to contact customer service. All sales and payments made to Homh and your Management Company are non-refundable and all sales and payments in connection with any Order continue until a cancellation request is received in accordance with the terms of this Agreement by Homh at [homteam@iamhom.com or 888-446-7464 (HOM-RING).]Cancellation will be processed the following month after being requested. All Sessions are refundable provided that 24 hours’ notice is given to Homh [and all Events will be refundable provided that [45] days notice is given to Homh], however, you agree that Homh reserves the right to charge you for any costs incurred by Homh due to your Order or your cancellation of such Order.
The Homh app may give you and other Members the ability to “crowd source” certain Sessions and Events by voting for Homh to host and/or plan a particular Session or Event. If you vote for a particular Session or Event, you agree that you are obligated to pay for and you authorize Homh or your Management Company to charge you the minimum fee for such Session or Event. You will not be entitled to a refund if you change your vote or are unable to attend the applicable Session or Event. In the event there are not enough votes to fund a certain Session or Event, Homh may ask the Members that voted for such Session or Event whether they want to cancel the applicable Session or Event, in which case no Member will be charged, or if they want to pay more than the minimum fee in order to fund such Class or Event. If a Member agrees to pay more than the minimum fee Homh is authorized to charge Member for the additional amount and such Member will not be entitled to a refund.
Minors under 13 years old are not permitted to use the Platform. A parent or guardian may use the Platform to place Orders for minors under 13 years old on their behalf.

COMMUNITY GUIDELINES

Our community, like any community, functions best when its people follow a few simple rules. By accessing and/or using the Platform, you hereby agree to comply with these community guidelines (the “Community Guidelines”) and that:

You will not use the Platform for any unlawful purpose;
You will not post or send us false or misleading information;
You will not use the Platform to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, or company; or engaging in any pyramid or other multi-tiered marketing scheme;
You will not access or use the Platform to collect any market research for a competing business;
You will not upload, post, e-mail, transmit, or otherwise make available any User Content that:
infringes any copyright, trademark, right of publicity, or other proprietary or contractual rights of any person or entity; or
is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or
discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information;
You will not “stalk” or otherwise harass another;
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Platform;
You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Platform, except for internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
You will not use any automated device or software that enables the submission of automatic postings on the Platform without human intervention or authorship, including, without limitation, the use of any such automated posting device in connection with bulk postings or for automatic submission of postings at certain times or intervals; and
You will not interfere with or attempt to interrupt the proper operation of the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Platform through hacking, password or data mining, or any other means.

Please let us know about inappropriate content. If you find something that violates our Community Guidelines, let us know, and we’ll review it. We reserve the right, in our sole and absolute discretion, to deny you access to the Platform, or any portion of the Platform, without notice and remove any User Content that does not adhere to these guidelines.

SIGN-IN NAME; PASSWORD; UNIQUE IDENTIFIERS

During the registration process for Members, we will ask you to create an account, which may include your apartment unit, number of tenants in your unit, lead Member name, e-mail address, phone number, other Members’ names, and two ideal class times for you. We may use this information or a Sign-In Name to authenticate your identity when you log-in in the future (“Unique Identifiers”). After registration, you may be provided a password for exclusive access to Sessions and Events within your Homh Building (“Password”). When creating your account, you must provide true, accurate, current, and complete information. You authorize us to share your Unique Identifiers with your Management Company, who may use this information to bill and charge your credit card. You are solely responsible for the confidentiality and use of your Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Platform using one or more of them. You will promptly inform us of any need to deactivate a Password or change any Unique Identifier. We reserve the right to delete or change your Password or Unique Identifier at any time and for any reason. Homh will not be liable for any loss or damage caused by any unauthorized use of your account.

MEMBER INFORMATION

Member expressly consents to the collection, use and disclosure of Member’s personal information by Homh, its affiliates and service providers acting on its and their behalf. Information collected may include contact information, demographic information, credit card and other payment information, and information on usage and interactions with Homh, including information regarding health, physical condition, nutrition, and fitness goals (collectively, “Member Information”). Member Information may be used to: administer membership and communicate regarding Member’s account, billing, updates regarding Services, Events, and operational information; provide Homh’s products and services and otherwise satisfy its business purposes and needs, including delivering a more relevant and curated experience; communicate special offers and information about products, services and offerings of Homh and/or its affiliates, subject to Member’s exercise of any opt-out choice that may be required by law; and this information may be combined with other information collected during Member’s relationship with Homh, including through its websites or apps. Homh may contact Member by mail, e-mail, telephone, text or other means, automated or otherwise. Member Information may be disclosed to third parties as needed to administrate membership and operate Homh’s business, including for compliance, legal and protection purposes and other purposes. Excluding credit card and other payment information, Homh may share Member Information with third parties without notice to or consent from any Member. Homh considers Member Information to be a valuable asset of the business, which may be transferred without notice to or consent from any Member as part of any sale of the business or other corporate transaction. Member Information may be stored and processed in centralized databases maintained by or on behalf of Homh, which may be located in other states or countries with different laws regarding personal data. Member acknowledges and agrees that certain Member Information, including but not limited to information on usage and interactions with Homh, may be posted on the Homh app and may be accessible by other Members. See Homh’s Privacy Policy for more details.

INTELLECTUAL PROPERTY

The Platform contains material, including User Content and other data, software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Homh (collectively referred to as the “Content”). The Content may be owned by us or by third parties. Unauthorized use of the Content may violate domestic and foreign copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content, the Platform, and our Services automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of Homh (“Homh Trademarks”) used and displayed on the Platform are registered and unregistered trademarks or service marks of Homh. Other company, product, and service names located on the Platform may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with the Homh Trademarks, the “Trademarks”). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Homh Trademarks inures to our benefit.
Elements of the Platform are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated, in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

COMMUNICATIONS TO US; USER SUBMISSIONS; AND PUBLICITY

Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, and suggestions, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation to you.
As noted above, the Platform provides Members the ability to post and upload User Content. You expressly acknowledge and agree that once you submit your User Content, it will be accessible by others and that there is no confidentiality or privacy with respect to such User Content, including, without limitation, any personally identifying information that you may make publicly available. YOU, AND NOT HOMH, ARE ENTIRELY RESPONSIBLE FOR ALL THE USER CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE PLATFORM. PURSUANT TO SECTION 13, YOU AGREE TO INDEMNIFY HOMH FOR ANY LIABILITY RESULTING FROM YOUR USE OF USER CONTENT.
You retain all copyrights and other intellectual property rights in and to your own User Content. You do, however, hereby irrevocably grant us and our sublicensees and assignees a non-exclusive, worldwide, transferable, perpetual, royalty-free, freely sub-licensable (through multiple tiers) license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) any and all of your User Content, your Sign-In Name, your profile picture, and all intellectual property, in each case, by or in any means, methods, media, or technology now known or hereafter devised, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. Without limiting the foregoing, you acknowledge and agree that uses of your User Content, Sign-In Name, and profile picture permitted by the foregoing rights and licenses may include their display adjacent to advertising and other material or content, including for profit.
If you submit User Content to us, each such submission constitutes a representation and warranty that such User Content is your original creation (or that you otherwise have the right to provide the User Content), that you have the rights necessary to grant the license to the User Content under this Section, and that it and its use by Homh and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our Community Guidelines.

NO WARRANTIES; LIMITATION OF LIABILITY

THE PLATFORM, THE CONTENT, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE PLATFORM, THE CONTENT, OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING HOMH’S NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSIONS OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR WARRANTIES AND OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THE PLATFORM AND THE CONTENT MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS LISTED ON THE PLATFORM. THE PLATFORM MAY CONTAIN INFORMATION ON PRODUCTS OR SERVICES WHICH ARE NOT AVAILABLE IN EVERY HOMH PROPERTY. A REFERENCE TO A PRODUCT OR SERVICE ON THE PLATFORM DOES NOT IMPLY THAT SUCH PRODUCT OR SERVICE IS OR WILL BE AVAILABLE TO YOU. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE PLATFORM AT ANY TIME WITHOUT NOTICE.

EXTERNAL SITES

The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

INDEMNIFICATION

You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising out of, resulting from, or related to (i) your breach of this Agreement, (ii) your access to, use, or misuse of the Platform, the Content, our Sessions, our Events, or our Services, (iii) any User Content posted by you, (iv) any individuals you invite or bring to any of our Sessions or Events, or (v) Homh’s Negligence. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense and at any time, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

COMPLIANCE WITH APPLICABLE LAWS

The Platform and its servers are based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Platform or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

TERMINATION OF THE AGREEMENT

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to the Platform, or any Sessions or Events at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Platform or any Sessions or Events at any time without prior notice or liability.

DIGITAL MILLENNIUM COPYRIGHT ACT

Homh respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of
copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any notification of claimed
infringement, which may be given under that Act is as follows:
Homh, Inc.
Attn: Ryan Freed
163 W. 18th Street, 1B
New York, NY 10011
If you believe that your work has been copied on the Platform in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including: (i) a description of the copyrighted work that has been infringed and the specific location on the Platform where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

GOVERNING LAW

This Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of laws provisions. You expressly agree: (i) to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of New York; and (ii) that the Services shall be deemed passive that do not give rise to personal jurisdiction over Homh, either specific or general, in jurisdictions other than New York.

DISPUTE RESOLUTION
1. Arbitration

Any dispute, controversy or claim arising out of or relating to (i) these Terms of Use, or the existence, breach, termination, enforcement, interpretation or validity thereof, or (ii) Sessions or Events, shall be settled by arbitration which will be held in Manhattan, New York unless otherwise agreed to by you and Homh in accordance with the rules of the American Arbitration Association (“AAA”), and not in a court of law. You agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Agreement, including any claim that all or any part of this Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Agreement is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. Any award shall be final, binding and conclusive upon the parties. A judgment upon the award rendered may be entered in any court having jurisdiction thereof.
If any portion of this agreement to arbitrate is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from the Agreement; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the agreement to arbitrate or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the agreement to arbitrate; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

Class Action Waiver

You agree that you will not have the right to participate in a representative capacity or as a member of any class pertaining to any controversy or claim subject to arbitration. Arbitration procedures are generally simpler than the rules that apply in court, and discovery is more limited. The arbitrator’s decisions are as enforceable as any court order and are subject to very limited review by a court. Except as set forth below, the arbitrator’s decision will be final and binding. Other rights you or we would have in court may also not be available in arbitration. For the avoidance of doubt, you agree that your claim will be arbitrated on an individual basis. There will be no right or authority for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public, other Visitors or Member or other persons who are similarly situated to you.

MISCELLANEOUS

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLATFORM, THIS AGREEMENT, OR OUR SERVICES (INCLUDING ANY SESSIONS OR EVENTS) MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If one or more provisions of this Agreement are held to be unenforceable under applicable law, then such provision(s) shall be excluded from this Agreement, and the balance of the Agreement shall be enforceable in accordance with its terms. The following provisions shall survive any termination of this Agreement: “Disclaimer,” “Orders and Payment,” “Intellectual Property,” “Communications to Us; User Submissions; and Publicity,” “No Warranties; Limitation of Liability,” “Indemnification,” “Termination of the Agreement,” “Governing Law,” “Dispute Resolution,” “Member Information” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
Copyright 2018 Homh, Inc. All rights reserved.

SCHEDULE A – FITNESS CLASS SESSIONS AND EVENTS AGREEMENT
1. WARNING; ACKNOWLEDGEMENT AND ASSUMPTION OF RISK.
A. Warning. YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE STARTING ANY EXERCISE PROGRAM. THIS IS PARTICULARLY TRUE IF ANY OF THE FOLLOWING APPLY TO YOU:

CHEST PAIN OR PAIN IN THE NECK AND/OR ARM;
SHORTNESS OF BREATH;
DIAGNOSED HEART CONDITION;
JOINT AND/OR BONE PROBLEMS;
IF YOU ARE TAKING ANY MEDICATIONS, ESPECIALLY CARDIAC AND/OR BLOOD PRESSURE MEDICATIONS;
HAVE NOT PREVIOUSLY BEEN PHYSICALLY ACTIVE; OR
DIZZINESS

IF NONE OF THESE APPLY TO YOU, YOU SHOULD NONETHELESS START ANY EXERCISE PROGRAM GRADUALLY AND SENSIBLY. ANY STRENUOUS ATHLETIC OF PHYSICAL ACTIVITY INVOLVES CERTAIN RISKS. BY SIGNING THIS AGREEMENT, YOU REPRESENT THAT YOU UNDERSTAND AND YOU ACKNOWLEDGE THAT THERE ARE RISKS ASSOCIATED WITH THE PHYSICAL ACTIVITY INVOLVED IN SERVICES PROVIDED BY HOMH AND THE USE OF EXERCISE EQUIPMENT OR FACILITIES. IF YOU FEEL ANY OF THE PHYSICAL SYMPTOMS LISTED ABOVE WHEN YOU START YOUR SESSIONS WITH HOMH , YOU SHOULD CONTACT YOUR PHYSICIAN IMMEDIATELY.
B.   Acknowledgment and Assumption of Risk. YOU EXPRESSLY ACKNOWLEDGE, AGREE, AND UNDERSTAND THAT YOUR PARTICIPATION IN THE EVENTS, SESSIONS AND YOUR USE OF ANY EXERCISE EQUIPMENT OR FACILITIES IN CONNECTION THEREWITH SHALL BE UNDERTAKEN BY YOU AT YOUR SOLE RISK. THERE IS NO REPRESENTATIVE OF BUILDING OWNER OR ITS MANAGING AGENT PRESENT TO SUPERVISE OR OVERSEE THE SESSIONS OR EVENTS, AND BUILDING OWNER AND/OR ITS MANAGING AGENT HAVE NO OBLIGATION TO SUPPLY MEDICAL SUPPLIES OR EQUIPMENT AT THE BUILDING. YOU HEREBY REPRESENT AND WARRANT THAT YOU ARE PHYSICALLY FIT AND ABLE TO UNDERTAKE PHYSICAL ACTIVITY AND THAT YOU HAVE NO PHYSICAL OR MENTAL ILLNESS, IMPEDIMENT, INJURY, OR HANDICAP THAT WOULD PUT YOU, OTHER MEMBERS, OR THE INSTRUCTOR AT RISK. YOU EXPRESSLY AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS HOMH, BUILDING OWNER AND ITS MANAGING AGENT AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SERVANTS IF SAID REPRESENTATIONS AND WARRANTIES ARE FALSE. BUILDING OWNER AND ITS MANAGING AGENT ARE THIRD PARTY BENEFICIARIES OF THIS PARAGRAPH.
C.   Waiver and Release. YOU EXPRESSLY ACKNOWLEDGE, AGREE, AND UNDERSTAND THAT HOMH, BUILDING OWNER, AND ITS MANAGING AGENT ARE NOT AND SHALL NOT BE LIABLE FOR ANY PHYSICAL INJURIES, DAMAGES, ACTIONS, OR CAUSES OF ACTION WHATSOEVER TO ANY PERSON OR PROPERTY ARISING OUT OF OR CONNECTED WITH THE SESSIONS OR EVENTS (INCLUDING ANY ACTIONS ARISING OUT OF HOMH’S NEGLIGENCE). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOURSELF AND YOUR HEIRS, NEXT OF KIN, SPOUSE, GUARDIANS, LEGAL REPRESENTATIVES, AGENTS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “RELEASING PARTIES”), AGREE THAT SUCH RELEASING PARTIES SHALL NOT HAVE ANY RIGHT OR CAUSE OF ACTION, AND HEREBY FULLY, FINALLY, AND FOREVER RELEASE, DISCHARGE, AND ACQUIT HOMH, BUILDING OWNER, AND ITS MANAGING AGENT AND THEIR RESPECTIVE PAST, CURRENT, AND FUTURE MEMBERS, SHAREHOLDERS, EMPLOYEES, OFFICERS, DIRECTORS, SUBSIDIARIES, PARENT ENTITIES, ATTORNEYS, PRINCIPALS, TRUSTEES, REPRESENTATIVES, AGENTS, PARTNERS, AFFILIATES, PREDECESSORS, SUCCESSORS, OPERATING PARTNERSHIPS, GENERAL PARTNERS, INSURERS, REINSURERS, AND ASSIGNS FROM ANY AND ALL CLAIMS, SUITS, OBLIGATIONS, COSTS, DAMAGES, LOSSES, CLAIMS FOR SUMS OF MONEY, CONTRACTS, CONTROVERSIES, AGREEMENTS, JUDGMENTS, AND DEMANDS WHATSOEVER, RIGHTS, LIABILITIES, ACTIONS, AND CAUSES OF ACTION OF ANY NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, AT LAW OR IN EQUITY, FIXED OR CONTINGENT, WHICH SUCH RELEASING PARTIES NOW HAVE
OR MAY CLAIM TO HAVE IN THE FUTURE (COLLECTIVELY, “CLAIMS”) ARISING OUT OF, BASED UPON, ATTRIBUTABLE TO, OR IN CONNECTION WITH YOUR PARTICIPATION IN THE SESSIONS, EVENTS, OR THIS AGREEMENT. BUILDING OWNER AND ITS MANAGING AGENT ARE THIRD PARTY BENEFICIARIES OF THIS PARAGRAPH. THIS WAIVER AND RELEASE SHALL BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW AND IF ANY PORTION OF THIS WAIVER AND RELEASE SHALL BE FOUND TO BE UNENFORCEABLE THE PARTIES AGREE THAT THE VALIDITY OF THE REMAINDER OF THIS WAIVER AND RELEASE SHALL BE UNAFFECTED.

SCHEDULE B
PRIVACY POLICY

Effective as of January 2018

We at Homh, Inc. (“Homh”) have created this privacy policy (this “Privacy Policy”) because we know that you care about how information you provide to us is used and shared. This Privacy Policy relates to the information collection and use practices of Homh in connection with our Services, which are made available to you through the Platform.

By visiting our Website and/or using our Services on the Platform, you are agreeing to the terms of this Privacy Policy and the accompanying Terms of Use.

Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in our Terms of Use.

The Information We Collect

1.   Personal Information
When you, your management company, or property owner signs up to become a Visitor or Member, enter any promotion, contest, or sweepstakes, or sign up for our newsletter or other publications, you and our clients will be required to provide us with personal information about yourself, which may include your name, address, apartment unit, e-mail address, and phone number (collectively, “Personal Information”). We do not collect or access any Personal Information from you when you use the Services unless you provide us with the Personal Information voluntarily or authorize us to access it.
2.   Billing Information

When Members wish to purchase Session or other products or services on the Platform, they will be required to provide certain information in addition to the Personal Information noted above. Such information may include a debit card number, credit card number, expiration date, bank account information, billing address, activation codes, and similar information (collectively, “Billing Information”).
3.   Geolocational Information
Certain features and functionalities of the Services are based on your location. In order to provide these features and functionalities after you sign in to the Platform, we may automatically collect geolocational information from your mobile device or wireless carrier and/or certain third-party service providers. Such information is collectively called the “Geolocational Information.” Collection of such Geolocational Information occurs only when the Services are running on your mobile device.

4.   Other Information

We may collect additional information (collectively, the “Other Information”). Such Other Information may include:

   a.   From You. Additional information about yourself that you voluntarily provide to us, such as product and service preferences; workout details; your sex, age, height, weight, and other demographic and physical details; and other information that does not identify you personally.

   b.   From Your Activity. Information that we automatically collect when you use the Services, including, without limitation:
•   IP addresses, browser type and language, referring and exit pages and URLs, date and time, amount of time spent on particular pages, sections of the Website visited, etc.;
•   Information about a mobile device, including universally unique ID (“UUID”), Platform type and version (e.g., iOS or Android), carrier and country location, hardware and processor information (storage, chip speed, camera resolution, NFC enabled, and network type (WiFi, 2G, 3G, 4G); and
•   Activity and usage information occurring via the Platform, including tagging data, favorites, survey responses, preferences, session lengths; and similar data.
   c.   From Cookies. Information that we collect using “cookie” technology. Cookies are small packets of data that a website stores on your computer’s or mobile device’s hard drive so that your computer will “remember” information about your visit. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to help us collect Other Information and to enhance your experience using the Platform. If you do not want us to place a cookie on your hard drive, you may be able to turn that feature off on your computer or mobile device. Please consult your Internet browser’s documentation for information on how to do this and how to delete persistent cookies. However, if you decide not to accept cookies from us, the Platform may not function properly.

   d.   From Other Sources. Information that we collect or receive from Facebook, Twitter, and/or other third-party social media sites on which you have used the Services in accordance with their terms of use and privacy policies.

Accessing and Modifying Personal Information and Communication Preferences

If you have registered for the Platform, you may access, review, and make changes to your Personal Information, Billing Information, and certain Other Information by following the instructions found on the Platform. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any Homh marketing email. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases. Guests cannot opt out of receiving transactional e-mails related to their account.

How We Use and Share the Information

We use the Personal Information, the Billing Information, the Geolocational Information, and the Other Information (collectively, the “Information”) to provide and improve the Platform and the Services, process transactions, solicit your feedback, administer our rewards, contests, and promotional programs, and inform you about our products and services and those of our third-party marketing partners and sponsors. Also, we may share the Information as described in Section 8 of the Terms of Use or as described below.

Any data and/or User Content that you post to a public portion of the Platform will be viewable on the Platform and shareable by other users. Likewise, anything that you post to a social account (e.g., Facebook or Twitter) via the Platform will be viewable and accessible on those social accounts as if you had posted it on the social account directly.

In an ongoing effort to better understand our users and our Platform and Services, we might analyze the Other Information in aggregate form in order to operate, maintain, manage, and improve the Services and/or Platform. This aggregate information does not identify you personally. We may share this aggregate data with our affiliates, agents, business partners, and other third parties. We may also disclose aggregated user statistics in order to describe our products, Platform, and Services to current and prospective business partners and to other third parties for other lawful purposes.

We may employ other companies and individuals to perform functions on our behalf. Examples may include providing marketing assistance, information technology support, billing processing, and customer service. These other companies will have access to the Information only as necessary to perform their functions and to the extent permitted by law.

With your permission, third-party applications or services may access your Personal Information. We use standard OAuth (open authorization) to enable you to give permission to share your Personal Information with other websites and services, such as Facebook and Twitter (e.g., when you agree to a pop-up requesting you to allow another application to access your account information). We also use OAuth to allow us to share information about you that is stored by us without sharing your security credentials.

We may share some or all of your Information with any of our parent companies, subsidiaries, joint ventures, or other companies under common control with us.

As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Information may be part of the transferred assets.

To the extent permitted by law, we may also disclose Information when required by law, court order, or other government or law enforcement authority or regulatory agency, or whenever we believe that disclosing the such information is necessary or advisable, for example, to protect the rights, property, or safety of Homh or others.

How We Protect Your Information

We take commercially reasonable steps to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail sent to or from the Platform may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.

Important Notice to Non-U.S. Residents

It is important to note that the Platform and its servers are operated in the United States. If you are located outside of the United States, please be aware that any Personal Information you provide to us will be transferred to the United States. By using the Platform and by providing us Personal Information when using our Services, you hereby consent to this transfer and our use of the information and data provided by you in accordance with this Privacy Policy.

Children

We do not knowingly collect Personal Information from children under the age of 13 through the Platform. If you are under 13, please do not give us any Personal Information. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children to never provide Personal Information through the Platform without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Information to us, please contact us, and we will endeavor to delete that information from our databases.

External Websites

The Platform may contain links to third-party websites. Homh has no control over the privacy practices or the content of any of our business partners, advertisers, sponsors, or other websites to which we provide links. As such, we are not responsible for the content or the privacy policies of those third-party websites. You should check the applicable third-party privacy policy and terms of use when visiting any other websites.

Changes to This Privacy Policy

This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time. By accessing the Platform and/or using the Services after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of the Information is governed by the Privacy Policy in effect at the time we collect the information. Please refer back to this Privacy Policy on a regular basis

How to Contact Us

If you have questions about this Privacy Policy, please e-mail us at ryan@iamhom.com or follow the instructions on the Platform.