Privacy Policy

Website Privacy Policy

Introduction

At Punch King Fitness CMCH LLC (“Punch King Fitness”, “we”, “our”, “us”), we want to assure you that your privacy is of utmost importance to us. We have crafted this Privacy Policy to provide you with a clear understanding of how we handle your information, ensuring its collection, usage, sharing, and protection. This policy is applicable to anyone accessing our website, mobile application, or any other interactive properties where we deliver services (referred to as “Sites”), as well as our online and, where necessary, offline services (referred to as “Services”). This policy also applies to the individual gym websites and the third party landing pages by Pushpress (click to see their terms and conditions) where a member could sign up for our services.

From time to time, we may change this Privacy Policy. If we do, we will post an amended version on this webpage. Please review this Privacy Policy periodically.

This Privacy Policy covers the following topics:

1. Personal Data We Collect

2. How We Use Your Personal Data

3. How We Share Your Personal Data

4. Cookies and Other Tracking Technologies

5. Security

6. Third Party Links

7. Children’s Privacy

8. Notice to Nevada Residents

9. Your State Privacy Rights and Additional Disclosures

10. Notice to California Residents

11. International Data Transfer

12. International Data Privacy Rights.

13. Accessibility

14. How to Contact Us

Personal Data We Collect

We collect personal information from you through your use of the Sites and Services. Personal information is information that is linked or reasonably linkable to an identified or identifiable individual. We collect the following types of personal information:

Personal Data You Provide

Depending on how you interact with our Sites and Services, we will collect the following personal information that you voluntarily provide to us for the following purposes:

• Create an Account. If you create an account, you will provide your name, email address, phone number, and selected login credentials.

• Login to Account. When you log in to your account, you will provide your log in credentials.

• Place an Order. When you place an order through our shop, you will provide your name, email address, shipping address, billing address, and payment information.

• Place Inquiry or Contact Us. When you contact us, such as to place an inquiry regarding a product or Services, you will provide your name, your email address, your phone number, and any other information you choose to provide.

• Subscribe to Emails. If you subscribe to our promotional emails, you will provide your name and email address.

• Sign-up for Text Communications. If you elect to receive communications from us via text message, you will provide your name and phone number. You may opt-out of receiving SMS messages at any time.

• In Person Interactions. When you visit us at a studio, trade show, or other location where we are promoting Punch King Fitness, you may provide your name and company information, and any other information you choose to provide via forms, surveys, business cards, or event badge scans.

• Other Interactions with our Sites or Services. When you send us any feedback, questions, comments, suggestions, ideas, or interact with us in any way, you may need to provide us with your log-in information, name and/or email address.

Personal Data as You Navigate Our Sites

We automatically collect certain personal information through your use of our Sites and our use of cookies and other tracking technologies, such as the following:

• Usage Information. For example, the pages on the Sites you access, the frequency of access, and what you click on while on the Sites.

• Device Information. For example, hardware model, operating system, application version number, and browser.

• Mobile Device Information. Aggregated information about whether the Sites are accessed via a mobile device or tablet, the device type, and the carrier.

• Location Information. Location information from visitors to the Sites on a city-regional basis.

For more information on our cookie usage see our “Cookies and Other Tracking Technologies” section below.

Personal Data We Collect About You from Other Sources

In some cases, we may receive personal information about you from other sources. This includes government entities, advertising networks, data brokers, operating systems and platforms, mailing list providers, social networks and advertising and marketing partners.

User Generated Content

We may invite you to post content on the Sites, including your comments and any other information that you would like to be available on the Sites, which may become public (“User Generated Content”). If you post User Generated Content, all of the information that you post will be available to authorized personnel of Punch King Fitness and may be made available to the public at our discretion. You expressly acknowledge and agree that we may access in real-time, record, and store archives of any User Generated Content on our servers to make use of them in connection with the Service. If you submit a review, recommendation, endorsement, or other User Generated Content through the Site or Services, or through other websites including Facebook, Instagram, Google, Yelp, and other similar channels, we may share that review, recommendation, endorsement, or content publicly on the Site.

How We Use Your Personal Data

In addition to the purposes stated above, we may use all the personal information we collect in accordance with applicable law such as to:

• Maintain and improve our Sites and Services;

• Protect the security and integrity of our Sites and Services;

• Investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or violations of our Terms & Conditions, and to otherwise fulfill our legal obligations;

• Monitor compliance with and enforce this Privacy Policy and any applicable agreements and policies;

• Defend our legal rights and the rights of others;

• Fulfill any other purposes for which you provide it;

• For any purpose that is reasonably necessary to or compatible with the original purpose for which we collected the personal information as disclosed to you; and

• Comply with applicable law.

How We Share Your Personal Data

We may share the personal information that we collect about you in the following ways:

• With vendors who perform data or Site-related services on our behalf (e.g., email, hosting, maintenance, backup, analysis, etc.);

• To the extent that we are required to do so by law;

• In connection with any legal proceedings or prospective legal proceedings;

• To establish, exercise, or defend our or a third party’s legal rights, including providing information to others for the purposes of fraud prevention;

• With any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information;

• With any other person or entity as part of any business or asset sale, equity transaction, merger, acquisition, bankruptcy, liquidation, or similar proceeding, or in preparation for any of these events;

• With any other person or entity where you consent to the disclosure; and

• For any other purpose disclosed by us when you provide the personal information or for any other purpose we deem necessary, including to protect the health or safety of others.

For more information on how we share personal information with third parties, and how/that sharing may be classified as a “sale” or similar term under certain state laws, see our “Your State Privacy Rights and Additional Disclosures” section below.

Cookies and Other Tracking Technologies

How We Use Cookies

Like many other companies, we use cookies and other tracking technologies (collectively, “Cookies”). Cookies are small files of information that are stored by your web browser software on your computer hard drive, mobile or other devices (e.g., smartphones or tablets).

We use Cookies to:

• Estimate audience size and usage patterns;

• Understand and save your preferences for future visits, allowing us to customize the Sites and Services to your individual needs;

• Advertise new content and services that relate to your interests;

• Keep track of advertisements and search engine results;

• Compile aggregate data about site traffic and site interactions to resolve issues and offer better site experiences and tools in the future; and

• Recognize when you return to the Sites.

We set some Cookies ourselves, while separate entities set other Cookies. We use Cookies other entities set to provide us with useful information, to help us improve our Sites and Services, to conduct advertising, and to analyze the effectiveness of advertising. For example, we use Cookies from Google, Facebook and other similar companies.

How You Can Opt Out of Cookies

Browser Settings

You can block Cookies by changing your Internet browser settings to refuse all or some Cookies. If you choose to block all Cookies (including essential Cookies) you may not be able to access all or parts of the Sites.

You can find out more about Cookies and how to manage them by visiting www.AboutCookies.org or www.allaboutcookies.org.

Platform Controls

You can opt out of Cookies set by specific entities by following the instructions found at these links:

• Adobe: https://www.adobe.com/privacy/opt-out.html

• Facebook: https://www.facebook.com/about/ads

• Google: https://adssettings.google.com

• LinkedIn: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out

• Microsoft: https://account.microsoft.com/privacy/ad-settings/

• Twitter: https://twitter.com/personalization

• Yahoo: https://policies.yahoo.com/xa/en/yahoo/privacy/topics/opt-outfaq/

Advertising Industry Resources

You can understand which entities have currently enabled Cookies for your browser or mobile device and how to opt out of some of those Cookies by accessing the Network Advertising Initiative’s website or the Digital Advertising Alliance’s website. For more information on mobile specific opt-out choices, visit the Network Advertising Initiative’s Mobile Choices website.

Please note these opt-out mechanisms are specific to the device or browser on which they are exercised. Therefore, you will need to opt out on every browser and device that you use.

Google Analytics

We use Google Analytics, a web analytics service provided by Google, Inc. Google Analytics uses Cookies to help us analyze how users interact with the Sites and Services, compile reports on their activity, and provide other services related to their activity and usage. The technologies used by Google may collect information such as your IP address, time of visit, whether you are a returning visitor, and any referring website. The information generated by Google Analytics will be transmitted to and stored by Google and will be subject to Google’s privacy policies. To learn more about Google’s partner services and to learn how to opt out of tracking of analytics by Google, click here

Google reCAPTCHA

We use Google reCAPTCHA, a free service provided by Google, Inc., to protect our Sites from spam and abuse. Google reCAPTCHA uses advanced risk analysis techniques to decipher humans and bots. Google reCAPTCHA works differently depending on what version is deployed. For example, you may be asked to check a box indicating that you are not a robot or Google reCAPTCHA may detect abusive traffic without user interaction. Google reCAPTCHA works by transmitting certain types of information to Google, such as the referrer URL, IP address, visitor behavior, operating system information, browser and length of the visit, cookies, and mouse movements. Your use of Google reCAPTCHA is subject to Google’s Privacy Policy and Terms of Service. More information as to Google reCAPTCHA and how it works is

Other Types of Collecting Activities

The Sites and Services may use Cookies third-party vendors provide to collect information on user behavior (e.g., screens and pages visited, buttons and links clicked, limited information entered, and user taps and mouse movements). This information enables us to monitor and improve the user experience.

Security

We maintain commercially reasonable security measures to protect the personal information we collect and store from loss, misuse, destruction, or unauthorized access. However, no security measure or modality of data transmission over the Internet is 100% secure. Although we strive to use commercially acceptable means to protect your personal information, we cannot guarantee absolute security.

Third Party Links

The Sites may contain links that will let you leave the Sites and access another website. Linked websites are not under our control. We accept no responsibility or liability for these other websites.

Children’s Privacy

The Sites and Services are not intended for children under 13 years of age. We do not knowingly collect, use, or disclose personal information from children under 13.

Notice to Nevada Residents

Nevada law allows Nevada residents to opt out of the sale of certain types of personal information. Subject to several exceptions, Nevada law defines “sale” to mean the exchange of certain types of personal information for monetary consideration to another person. We do not currently sell personal information as defined in the Nevada law. However, if you are a Nevada resident, you still may submit a verified request to opt out of sales and we will record your instructions and incorporate them in the future if our policy changes. You may send opt-out requests to support@punchkingfitness.com

Your State Privacy Rights and Additional Disclosures

Depending on the state in which you reside, you may have certain privacy rights regarding your personal information. If you are a California resident, please see our “Notice to California Residents” section below. For other state residents, your privacy rights may include (if applicable):

• The right to confirm whether or not we are processing your personal information and to access such personal information;

• The right to obtain a copy of your personal information that we collected from and/or about you in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the information to another controller without hindrance, where the processing is carried out by automated means;

• The right to delete personal information that we collected from and/or about you, subject to certain exceptions;

• The right to correct inaccurate personal information that we maintain about you, subject to certain exceptions;

• The right, if applicable, to opt out of the processing of your personal information for purposes of (1) targeted advertising; (2) the “sale” of your personal information (as that term is defined by applicable law); and (3) profiling in furtherance of decisions that produce legal or similarly significant effects concerning you;

• If we are required by applicable law to obtain your consent to process sensitive personal information, the right to withdraw your consent; and

• The right not to receive discriminatory treatment by us for the exercise of your privacy rights.

Depending on how the applicable privacy law defines a “sale,” we may sell personal information to third parties. For instance, if you are a resident of Colorado or Connecticut, our use of cookies and tracking technologies constitutes a sale of personal information to third-party advertisers. We also use Cookies to display advertisements about our products to you on nonaffiliated websites, applications, and online services. This is “targeted advertising” under applicable privacy laws. We do not use personal information for profiling in furtherance of decisions that produce legal or similarly significant effects concerning individuals.

Notice to California Residents

The California Consumer Privacy Act, as amended by the California Privacy Rights Act of 2020 (“CCPA”), requires that we provide California residents with a privacy policy that contains a comprehensive description of our online and offline practices regarding the collection, use, disclosure, sale, sharing, and retention of personal information and of the rights of California residents regarding their personal information. This section of the Privacy Policy is intended solely for, and is applicable only as to, California residents. If you are not a California resident, this section does not apply to you and you should not rely on it.

The CCPA defines “personal information” to mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household. Personal information does not include publicly available, deidentified or aggregated information or lawfully obtained, truthful information that is a matter of public concern. For purposes of this “Notice to California Residents” section we will refer to this information as “personal information.”

Notice at Collection of Personal Information

We currently collect and, in the 12 months prior to the Last Updated Date of this Privacy Policy, have collected the categories of personal information described in above sections of this:

We collect personal information directly from California residents and from advertising networks, internet service providers, data analytics providers, government entities, operating systems and platforms, and social networks. We do not collect all categories of personal information from each source.

In addition to the purposes stated above in the section “How We Use Your Personal Data” we currently collect and have collected the above categories of personal information for the following business or commercial purposes:

• Auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards.

• Helping to ensure security and integrity to the extent the use of your personal information is reasonably necessary and proportionate for these purposes.

• Debugging to identify and repair errors that impair existing intended functionality.

• Short-term, transient use, including, but not limited to, nonpersonalized advertising shown as part of your current interaction with us, provided that your personal information is not disclosed to another third party and is not used to build a profile about you or otherwise alter your experience outside the current interaction with us.

• Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services.

• Providing advertising and marketing services.

• Undertaking internal research for technological development and demonstration.

• Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us.

Sale, Sharing, and Disclosure of Personal Information

The CCPA defines “sale” as the transfer of personal information for monetary or other valuable consideration. Although we do not “sell” personal information as that term may be commonly interpreted, we engage in online activities that may constitute a sale or a share of personal information under California law. This may include showing you advertisements on other websites.

The following table identifies the categories of personal information that we sold or shared to third parties in the 12 months preceding the Last Updated Date of this Privacy Policy and, for each category, the categories of third parties to whom we sold or shared personal information:

Category of Personal Information

Unique personal identifiers (device identifier; cookies, beacons, pixel tags, mobile ad identifiers, or other similar technology; customer number, unique pseudonym or user alias; telephone numbers, or other forms of persistent or probabilistic identifiers that can be used to identify a particular consumer or device)

Categories of Third Parties

Data broker; advertising network; data analytics provider

We sold or shared personal information to third parties for the following business or commercial purposes:

• Providing advertising and marketing services.

• Undertaking internal research for technological development and demonstration.

The following table identifies the categories of personal information that we disclosed for a business purpose in the 12 months preceding the of this Privacy Policy and, for each category, the categories of recipients to whom we disclosed personal information:

Category of Personal Information

• Name and contact information

• Account information

• Billing Information

• Order Information

• Usage, Device, and other technical information

• Information contained in posts you may on the public forums and interactive features of the Service

Categories of Third Parties

• Our affiliates and related companies;

• Business partners, contractors, and channel partners, which are not considered affiliated companies.

Category of Personal Information

• Name and contact information

• Account information

• Billing Information

• Order Information

• Usage, Device, and other technical information

• Information contained in posts you may on the public forums and interactive features of the Service

Categories of Third Parties

The following recipients will only receive the stated categories of personal information based on the particular business purpose of the relationship:

• Third-party vendors or service providers providing crucial services and necessary to provide the Service;

• Government agencies or other parties in response to legal process or other requests, where permitted by law.

We disclosed personal information for the following business or commercial purposes:

• Auditing related to counting ad impressions to unique visitors, verifying positioning and

• Helping to ensure security and integrity to the extent the use of your personal information is reasonably necessary and proportionate for these purposes.

• Providing advertising and marketing services.

• Undertaking internal research for technological development and demonstration.

We do not knowingly collect or sell or share the personal information of consumers under 16 years of age. We do not collect or process sensitive personal information for the purpose of inferring characteristics about individuals and, consequently, do not collect sensitive personal information or use it for purposes other than those allowed by the CCPA and its regulations.

Retention of Personal Information

We retain your personal information for as long as necessary to fulfill the purposes for which we collect it, such as to provide you with the service you have requested, and for the purpose of satisfying any legal, accounting, contractual, or reporting requirements that apply to us.

Your Rights

If you are a California resident, you have the following rights with respect to your personal information:

• The right to know what personal information we have collected about you, including the categories of personal information, the categories of sources from which we collected personal information, the business or commercial purpose for collecting, selling or sharing personal information (if applicable), the categories of third parties to whom we disclose personal information (if applicable), and the specific pieces of personal information we collected about you;

• The right to delete personal information that we collected from you, subject to certain exceptions;

• The right to correct inaccurate personal information that we maintain about you;

• If we sell or share personal information, the right to opt out of the sale or sharing;

• If we use or disclose sensitive personal information for purposes other than those allowed by the CCPA and its regulations, the right to limit our use or disclosure; and

• The right not to receive discriminatory treatment by us for the exercise of privacy rights the CCPA confers.

How to Submit a Request to Know, Delete, and/or Correct

You may submit a request to know, delete, and/or correct by emailing us at support@punchkingfitness.com. If you submit a request to delete online, you may be asked to confirm separately that you want your personal information deleted.

If you are submitting a request on behalf of a California resident, please submit the request through one of the designated methods discussed above. After submitting the request, and if the request is not subject to an exemption or exception, we will require additional information to verify your authority to act on behalf of the California resident.

Our Process for Verifying a Request to Know, Delete, and/or Correct

We will comply with your request upon verification of your identity and, to the extent applicable, the identity of the California resident on whose behalf you are making such request. Our verification process may differ depending on whether you maintain a password-protected account with us.

If you maintain a password-protected account, we may verify your identity through existing authentication practices available through your account. Prior to disclosing or deleting the personal information, we will ask you to re-authenticate yourself with respect to that account.

If you do not maintain a password-protected account, or if you are an account-holder but we suspect fraudulent or malicious activity with your account, we will verify your identity either to a “reasonable degree of certainty” or a “reasonably high degree of certainty” depending on the sensitivity of the personal information and the risk of harm to you by unauthorized disclosure, deletion, or correction as applicable. To do so, we will ask you to verify data points based on information we have in our records concerning you.

Right to Opt Out of Sale or Sharing of Personal Information

If you are a California resident, you have the right to direct us to stop selling or sharing your personal information. You may submit a request to opt out of sales or sharing by emailing:

info@punchkingfitnessnj.com

Shine the Light Law

If you are a California resident and have an established business relationship with us, California Civil Code § 1798.83 permits you to request information regarding the disclosure of your personal information by us to third parties for the third parties’ direct marketing purposes (as those terms are defined in that statute). To make such a request, please send an email to If you are a California resident and have an established business relationship with us, California Civil Code § 1798.83 permits you to request information regarding the disclosure of your personal information by us to third parties for the third parties’ direct marketing purposes (as those terms are defined in that statute). To make such a request, please send an email to info@punchkingfitnessnj.com

International Data Transfer

If you are located outside the United States, in particular if you are located in Canada, Brazil, the European Union (“EU”), the European Economic Area (“EEA”), New Zealand, the Republic of South Africa, Switzerland, the United Kingdom, or other countries with similar data privacy laws, please note that we and our servers are located in the United States. Any information that you provide to us may be transferred to and processed in the United States or other countries around the world where we do business. Although this may include recipients of information located in countries where there may be a lower level of legal protection for your personal information than in your country, we will make efforts to protect your information in accordance with requirements applicable to the law in your particular jurisdiction and take steps to only share with third parties that offer similar protection. By engaging with and providing personal information and other data that Punch King Fitness may legitimately collect, process, use or transfer in connection with your relationship with Ecolab, you unambiguously consent to your information being collected, processed, used, and transferred as disclosed herein.

International Data Privacy Rights

If you are located outside the United States, the law in your country of residence may grant you certain rights under the law. In particular, the right to access, correct, and delete the personal information we hold about you. Punch King Fitness will retain your personal information for the length of time you engage with our services as described in the retention section of this Notice, until you request deletion of such personal information. Punch King Fitness is considered the Data Controller (or equivalent distinction) with regard to your personal information. You can find our contact information as described herein or in other portions of the Service.

In certain circumstances, you have the following data protection rights:

• The right to access, update, or delete the personal information we have on you.

• The right of rectification. You have the right to have your personal information rectified if that information is inaccurate or incomplete.

• The right to object. You have the right to object to our processing of your personal information.

• The right of restriction. You have the right to request that we restrict the processing of your personal information.

• The right to data portability. You have the right to be provided with a copy of the personal information we have on you in a structured, machine-readable and commonly used format.

• The right to withdraw consent. You also have the right to withdraw your consent at any time where we relied on your consent to process your personal information.

In order make a request regarding your personal information, please contact support@punchkingfitness.com.

If you have a comment, question, or complaint about how we are handling your personal information, we hope that you contact us as described herein to allow us to resolve the matter. In addition, if you are located in the EEA, you may submit a complaint regarding the processing of your personal information to a regulatory authority.

The following links may assist you in finding the appropriate regulator:

• In the UK, you have the right to lodge a complaint with the Information Commissioner: www.ico.org.uk

• In Switzerland, you have the right to contact the Federal Data Protection and Information Commissioner (FDPIC): FDPIC

• In the EU, you have the right to lodge a complaint with your local data protection authority. To find your local authority, you can check the list on the European Data Protection Board website: https://edpb.europa.eu/about-edpb/board/members_en

• In South Africa, you have the right to file a complaint with the Information Regulator: https://www.justice.gov.za/inforeg/index.html

• In Brazil, you have the right to lodge a complaint with the National Data Protection Authority (ANPD)

• In Argentina, you have the right to contact the National Directorate for Personal Data Protection: PDP

• In Canada, you have the right to lodge a complaint with the Office of the Privacy Commissioner in Canada: Office of the Privacy Commissioner no Canada

• In Japan, you have the right to contact the Personal Information Protection Commission: https://www.ppc.go.jp/en/

• In Australia, you have the right to lodge a complaint with the Privacy Commissioner: Australian Information Commissioner

• In New Zealand, you can contact the Privacy Commissioner’s office: www.privacy.org.nz

Legal Basis for Processing

If you are located in a jurisdiction that requires a legal basis for processing, our legal basis for collecting and using the personal information described in this Notice depends on the personal information we collect and the specific context in which we collect it.

We may process personal information because:

• It is necessary for the performance of a contract between you and Punch King Fitness;

• You have given us consent to do so (in applicable jurisdictions);

• The processing is in our legitimate interest as the Controller, when that legitimate interest is not overridden by your rights;

• Punch King Fitness must comply with the law.

Where certain sensitive personal information is processed based on your explicit consent, you may have the right to withdraw such consent at any time. To do so, please contact us as described in this Privacy Notice. If there is a different legal basis that would permit us to continue processing your personal information after withdrawing consent, we will notify you of that legal basis at the time of your request.

Accessibility

We are committed to ensuring this Privacy Policy is accessible to individuals with disabilities. If you wish to access this Privacy Policy in an alternative format, please contact us as described below.

How to Contact Us

To contact us for questions or concerns about our privacy policies or practices, please contact us at: 7 North Wildwood Boulevard, #10, Cape May Court House, NJ 08210 or info@punchkingfitnessnj.com

Terms and Conditions of Use

Last Modified: May 25, 2024

Welcome to Punch King Fitness

These Terms of Use (the “Terms of Use”) are an agreement between Punch King Fitness Franchising, LLC (“Punch King Fitness,” “we,” “us,” “our”) and “you,” a user of Punch King Fitness.com, its apps, and Uses (the “website”). These Terms of Use govern your use of the website. By using the website, you agree to be bound by these Terms of Use as well as our Privacy Policy. Any new features of the website, including updates, upgrades, or new uses, shall also be subject to these Terms of Use.

In addition, some services offered through the website may be subject to additional terms and conditions that we publish from time-to-time. Your use of such services is subject to those additional terms and conditions. We reserve the right to modify the website at any time, with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature or service altogether. If you do not like any changes made to the website, you may stop using the website at any time.

THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE WEBSITE. BY ACCESSING, DOWNLOADING, OR USING THE WEBSITE, YOU ARE ACCEPTING THESE TERMS AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE WEBSITE OR ACCEPT THESE TERMS IF YOU ARE NOT AT LEAST EIGHTEEN (18) YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE WEBSITE.

Physician's Permission Before Beginning Any Exercise Program

You understand that physical exercise can be strenuous and can expose you to the risk of serious injury. We urge you to obtain a physical examination from a doctor before participating in any exercise activity. You voluntarily accept and assume any and all risks, known or unknown, associated with Your use of the website, including, without limitation, the risk of physical or mental or emotional injury, minor or severe bodily harm, death, or illness, which arise by any means, including, without limitation: acts, omissions, recommendations, or advice given by Punch King Fitness

Our Content; Proprietary Rights

Through the website, we offer, sell, and digitally distribute videos, audiovisual combinations, music, sounds, graphics, photos, and other content, as well as sell products related to that content. We are the owner or authorized licensee of all information, materials, functions and other content contained on the website, and you acknowledge that you are only receiving a limited right to access or use this content.

No content from the website may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the website. We also own any information and data collected by us from you, including without limitation any data regarding your use and viewing of the website and its content. We may use such information and data for benchmarking and other service enhancements. We will handle and treat any information we collect from you in compliance with our current Privacy Policy.

The name “Punch King Fitness” and our graphics, logos, designs, page headers, button icons, scripts, and service names are registered or common law trademarks, trade names, or trade dress of Punch King Fitness, LLC in the U.S. and other countries. These trademarks, trade names, and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion. We reserve all rights in or to such trademarks, trade names, or trade dress. It is our policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the intellectual property rights of others.

Pursuant to 17 U.S.C. § 512, the Digital Millennium Copyright Act (the “DMCA”), we have implemented the following procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the DMCA. We accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials.

If you believe any content on the website infringes your copyrights, You may request that we remove the content from the website (or disable access to that content) by contacting our designated agent identified below and providing the following information:

• Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work;

• Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material;

• Your name, address, telephone number, and e-mail address;

• A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law;

• A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf;

• A signature or the electronic equivalent from the copyright holder or authorized representative.

Send this information to us by mail:Punch King Fitness CMCH LLC

7 North Wildwood Boulevard, #10, Cape May Court House, NJ 08210

or email at: info@punchkingfitnessnj.com

Subject Line: Attn: General Counsel

Once notification in accordance with the above is received by us, it is our policy to: (a) remove or disable access to the content; (b) notify the provider of the content or user of Punch King Fitness that it has removed or disabled access to such content; and (c) terminate repeat infringers’ access to the website.

If You receive a notification of alleged copyright infringement, and believe that the claim is erroneous, You may submit a counter-notification to us within thirty (30) days of the date the content was removed from the website. A counter-notification must be a written communication that includes substantially the following:

• Identification of the material that has been removed or disabled and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material;

• Your name, address, telephone number, and e-mail address;

• A statement “under penalty of perjury” that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;

• A signature or the electronic equivalent of the person submitting the counter-notification.

Upon receipt of a counter-notification in accordance with the above, we shall promptly provide the complaining party with a copy. The complaining party shall have within ten (10) business days to inform us that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on the website. If we receive such notification within ten (10) business days, we shall not replace the removed content or cease disabling access to it. If we do not receive such notification from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on the website, then we shall replace the removed content or cease disabling access to it within four (4) business days following the expiration of the ten (10) business day deadline.

In accordance with the DMCA and other applicable law, we may, in appropriate circumstances, at our sole discretion, terminate access to the website of any user that we find to be a repeat infringer. We reserve the right to define the criteria by which we will determine that a user is a “repeat infringer.” In the event that “repeat infringer” is defined by statute, law, or regulation as applicable to 17 USC § 512, we will adopt that definition as a minimum standard. Without limiting our right to define “repeat infringer,” as a general rule, we will define a “repeat infringer” as any person or entity about whom we have received three (3) or more DMCA notifications of alleged infringement in accordance with the procedures outlined above. We will take into account all relevant facts and circumstances when determining whether or not termination of access or use privileges of a “repeat infringer” is appropriate.

If you believe that a user is a repeat infringer, please follow the instructions above to contact us and provide information sufficient for us to verify that the user has been determined to be in violation of the DMCA repeatedly.

Content You Post

We may provide opportunities for you to post text, photographs, videos, or other content on any Punch King Fitness social media accounts. You may only post content if You own all the rights to that content, or if you have permission from other people who own the rights.

You do not transfer ownership of your content simply by posting it. However, by posting content, you grant Punch King Fitness, its agents, licensees, and assigns an irrevocable, perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your content. This license continues even if you stop using Punch King Fitness.

You agree to indemnify Punch King Fitness against any and all liability, claims, actions, loss, harm, damage, injury, cost, or expense arising out of any content you post.

Third-Party Links

We are not responsible for the content or availability of outside websites or resources linked to or referenced on the website. We do not endorse and are not responsible or liable, directly or indirectly, for any claims that arise from your access or use of any content, advertising, products, or other materials on or available from such websites.

Social Networks: we may include features that operate in conjunction with certain third-party social networking websites that you visit such as Facebook, Pinterest, Instagram, YouTube, and Twitter (“Social Network Features”). While your use of the Social Network Features is governed by these Terms of Use, your access and use of third party social networking sites and the services provided through Punch King Fitness is governed by the Terms of Use and other agreements posted on these sites. You are responsible for ensuring that your use of those sites complies with any applicable terms of use or other agreements.

Your Account

If you choose to purchase a product or service offered on the website, you will be asked to create an account and will be prompted to create your own unique username and password. You must keep your account information secure. You are solely responsible and liable for all activities that occur under your password or account. You shall notify us immediately of any breach of security or unauthorized use of your password or account. You acknowledge, consent, and agree that we may preserve and disclose your account information if required to do so by law or in a good faith belief that such preservation or disclosure is reasonably necessary to comply with a legal process or to enforce these Terms of Use.

Please do not use the website in a way that violates any laws, infringes anyone’s rights, is offensive, or interferes with us or any features of the website (including any technological measures we employ to enforce these Terms of Use or provide you with access to the website or its content). If we, in our sole discretion, determine that you have acted inappropriately, we reserve the right to terminate your account, prohibit you from using the website, and take appropriate legal actions.

Punch King Fitness Membership

The corporate website as well as our franchise gym’s local website provides links to access to the Punch King Fitness membership serviced by Pushpress. See PushPress Terms of Use here. Our Memberships are subscription-based. To become a member of Punch King Fitness, you must subscribe and pay a membership fee in accordance with our then-current rates.

• Monthly Membership: If you are a monthly member, you will be billed on a month-to-month basis, renewing automatically unless you cancel your membership, as described below, or we terminate it. If you cancel after any payment, your membership will continue until the end of that month.

• Drop-In Membership: If you are a Drop-in member, you will be billed for a term (either 1-class, 3-class or 6-class) renewing at the end of your term period unless you cancel your membership, as described below, or we terminate it. If you cancel after your payment, your membership will continue until the end of the term.

• Trial Memberships: This is a FREE one-time trial class that we offer so you can check out and see our programs and if our facilities are suited to your fitness goals.

• Other Memberships: We may offer other membership plans, such as promotional plans, that differ from the plan set out in these Terms of Use. The materially different terms and details of those plans will be presented to you at the time you sign up for the plan. Details regarding Your membership are available on your account page.

To sign up for any Punch King Fitness memberships, you would need internet access, and for the paid Membership options a current, valid, accepted method of payment on file with your Punch King Fitness account (“Payment Method”) that will be billed automatically each month.

Please monitor your Payment Method to ensure that it remains current. If your Payment Method expires, your membership will automatically be cancelled at the end of your term.

Your Payment Method will be charged for the Membership Fee periodically depending on your type of membership, on the same date unless you cancel, or we terminate, your membership prior to the billing date of the next payment period. Your membership fee may include applicable taxes or fees that will be included on your bill.

We reserve the right to change our Punch King Fitness membership fee at any time. If we do make changes to the fee, we will provide you with notice, via e-mail to the address listed on your account, prior to charging you for the new fee amount.

You may cancel your Punch King Fitness Membership at any time. You must cancel your Membership through Your Account using the following steps:

1. Log in to your Account;

2. Click “My Account” at the top right corner;

3. Click “Manage Subscriptions”; and

4. Select “Cancel Subscription.”

Cancellations take effect at the end of the current billing period.

Payments are nonrefundable and there are no refunds or credits for partially used periods.

Punch King Fitness Memberships may be available in different forms in different franchise gyms. Please check with your local gym for more information.

Pushpress is the entity in charge of processing of your membership orders. When you input your credit card information as payment for an order, Pushpress directly and securely transmits that information to its third-party payment processor, who verifies the credit card and remits the payment to us. Neither we, nor Pushpress, ever store your credit card image or number. Sales and use taxes, as applicable by law, will be based on your location and our location, and purchase prices are inclusive of taxes.

You will be responsible for paying any applicable taxes relating to your payments and will indemnify and hold harmless Punch King Fitness and Pushpress from your failure to pay any and all taxes, including sales tax, based incorrect information provided by you. If you believe you are entitled to a refund of any taxes, you are solely responsible for such determination.

Eligibility; Age Restriction

The website may only be used by individuals who are eighteen (18) years and older and who can form legally binding contracts under applicable law. Individuals under the age of eighteen (18) must at all times use the website only in conjunction with and under the supervision of a parent or legal guardian who is at least eighteen (18) years of age. In these cases, the supervising adult is responsible for any and all activities conducted on or through the website.

You represent and warrant that you are at least eighteen (18) years old, or that you are using the website under the supervision of an adult parent or legal guardian, and that all registration information you submit is accurate and truthful.

We may, in our sole discretion, refuse to offer access to or use of the website to any person or entity and change our eligibility criteria at any time.

This provision is void where prohibited by law and the right to access the website is revoked in such jurisdictions.

Acceptable Use

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. You agree to comply with all applicable laws in your use of the website.

Unacceptable Use

You shall not:

• modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the website;

• remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the website or any content;

• “frame” or “mirror” any portion of the website, or link to any material other than via the homepage of the URL located at https://punchkingfitness.com/ or the URLs provided by us to you for such purposes, without our prior written authorization;

• use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the website;

• harvest or collect information about or from users of the website without their express consent and, if such consent is provided, only pursuant to applicable law; or

• use the website for any commercial or business-related use or in any commercial establishment or area open to the public (e.g., lobby, hotel, theater, stadium, gym, or any type of fitness facility, etc.) or build a business utilizing the website and its content.

Warranties/Limitation of Liability

OUR CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO OUR WEBSITE OR, SERVICES, WITHOUT LIMITATION, ANY WARRANTIES OF INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT MAKE ANY WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR THAT THE WEBSITE, CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. WE RESERVE THE RIGHT TO CHANGE ANY PART OF THE WEBSITE AT ANYTIME WITHOUT NOTICE. WE WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOSS OF DATA OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE OR STRICT LIABILITY), ARISING OUT OF THIS AGREEMENT OR YOUR USE OR INABILITY TO USE OUR WEBSITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT OR YOUR USE OF OUR WEBSITE OR SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO PURCHASE THE CONTENT OR PRODUCTS THAT GAVE RISE TO SUCH LIABILITY, AND (B) ONE HUNDRED DOLLARS ($100).

Indemnification

You agree to defend, indemnify, and hold harmless Punch King Fitness LLC and its officers, directors, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and actual out-of-pocket expenses, including reasonable attorneys’ fees, arising out of any breach by you of any of these Terms of Use or your violation of any law or the rights of a third party.

Termination

These Terms of Use shall take effect on the date you first access or use the website and shall continue until terminated in accordance with these Terms of Use. You agree that we may, in our sole discretion, suspend, block, or terminate Your access to all or part of the website and any content, with or without notice, for any reason. Any suspected illegal or fraudulent activity may be referred to appropriate law enforcement authorities.

Governing Law; Jurisdiction; Class Action Waiver

These Terms of Use are governed by the laws of the state of California, USA, without regard to its conflicts of law provisions. Any claim or controversy arising out of or related to these Terms of Use shall be instituted in any state of federal court in San Francisco, California. Each party agrees to submit to the jurisdiction of and agrees that the venue is proper in such courts in any such legal action or proceeding.

Proceedings to resolve or litigate a dispute in any forum will be conducted on an individual basis only. Neither you nor Punch King Fitness will seek to have a dispute heard as a class action or private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding can be combined with another without the prior written consent of all parties to the proceedings.

Miscellaneous

These Terms of Use and our Privacy Policy constitute the entire agreement between you, Punch King Fitness, and Pushpress. You may not assign these Terms of Use in whole or in part without our prior written consent, and any purported assignment in violation of this provision shall be null and void. We may assign or otherwise transfer these Terms of Use and all rights granted hereunder in connection with any corporate reorganization, merger, or sale of all or substantially all of the assets and business to which these Terms of Use relate. These Terms of Use shall be binding upon and inure to the benefit of the parties hereto and their respective heirs and assigns.

If any term or provision of these Terms of Use, or part thereof, is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms of Use or invalidate or render unenforceable such term or provision, or part thereof, in any other jurisdiction. Upon a determination that any term or provision, or part thereof, is invalid, illegal, or unenforceable, the court of competent jurisdiction may modify these Terms of Use to affect its original intent as closely as possible in order that the transactions intended herein be consummated as originally contemplated to the greatest extent possible.

Modifications

We reserve the right to make changes to these Terms of Use at any time by updating this page with any such changes and indicating the date of modification. You acknowledge and agree that it is your responsibility to review these Terms of Use periodically to familiarize yourself with any modifications. By continuing to access and use the website after those changes become effective, You consent and agree to be bound by the revised Terms of Use.

If you have any questions or comments regarding these Terms of Use or our Privacy Policy, you can contact us at:

Punch King Fitness CMCH LLC

7 North Wildwood Boulevard, #10, Cape May Court House, NJ 08210

Email: info@punchkingfitnessnj.com

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