All of the Content you see on this website (i.e. logos, page headers, images, illustrations, graphics, audio clips, video clips, and text) are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Delta Valley Health Club. The Content of the Delta Valley Health Club website, and the site as a whole, are intended solely for personal, noncommercial use by the users of our site. You may download, print and store selected portions of the content, provided you (1) only use these copies of the Content for your own personal, non-commercial use, (2) do not copy or post the Content on any network computer or broadcast the content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Delta Valley Health Club reserves complete title and full intellectual property rights in any content you download from this website. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the content without first obtaining written permission from Delta Valley Health Club.

We welcome your feedback regarding the Delta Valley Health Club website as well as our club locations. However, any comments, feedback, notes, messages, ideas, suggestions, or other communications (collectively, “Comments”) sent to Delta Valley Health Club shall be and remain the exclusive property of Delta Valley Health Club. Your submission of any such Comments shall constitute an assignment to Delta Valley Health Club of all

worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Delta Valley Health Club will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

This site and all contents of this site are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of this site, that your use of this site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our site, and that Delta Valley Health Club shall not be liable for any damages of any kind related to your use of this site. While we will make every effort to keep content on this site current, we do not guarantee it is the most up to date information available. For up-to-the-minute information on class changes, contact information and any other information regarding Delta Valley Health Club locations, its operations, programs, and offers, please contact a Delta Valley Health Club location or the corporate contact information provided on this site.

You agree to defend, indemnify and hold Delta Valley Health Club harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the site.

Some portions of the website may invite or require you to create an account and associated log-in credentials, and you may not be able to access certain content or features, functionalities, or services of the website or member app (iOS or Android), without creating and logging into such an account. You agree to provide true, accurate and current information when creating an account, and you are responsible for updating your account information as needed to ensure it remains current. You are responsible for maintaining the confidentiality of your log-in credentials, and you hereby acknowledge and agree that you are fully responsible and liable for all usage and activities that occurs under your account, whether authorized by you or not. You agree to notify Delta Valley Health Club immediately if you know of or suspect any unauthorized use of your account or password or any other breach of security related to your account. Notwithstanding anything to the contrary in these Terms, Delta Valley Health Club reserves the right to deny the creation of, suspend access to or terminate any account(s), or to remove or modify content, features, functionalities and/or services available to account holders, at any time in its sole discretion and without prior notice or liability to you.