PLEASE CAREFULLY REVIEW THE TERMS OF USE OF THIS WEB SITE
All uses of the ClubCom, LLC ("ClubCom") web site are subject to the following terms and conditions of use (these "Terms of Use"). Your use of this Web Site will indicate your acceptance of these Terms of Use, as amended from time to time, as well as the ClubCom ® Privacy Policy, which is hereby incorporated into these Terms of Use. Please do not use this Web Site if you do not agree to be bound by these terms. ClubCom may periodically change the terms by posting the amended terms to this web site, so please check them from time to time as your continued use of the web site signifies your acceptance of any changed terms.

ClubCom MAKES EVERY REASONABLE EFFORT TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT OUR COMPANY AND PRODUCTS ON THIS WEB SITE, HOWEVER, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS CURRENT OR THAT THIS WEB SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE.

TRADEMARK AND COPYRIGHT. Unless otherwise indicated, all materials on this web site are protected as the copyrights, trade dress, trademarks and/or intellectual properties owned by ClubCom or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. The term "ClubCom" is a trademark and the ClubCom logo and all related product and service names, designs and slogans are ClubCom trademarks. You may not use such marks without ClubCom's prior written permission. All other names, brands and marks are used for identification purposes only and may be trademarks or registered trademarks of their respective owners. Any rights not expressly granted herein are reserved.

NOTICE SPECIFIC TO MATERIALS AVAILABLE ON THIS WEB SITE. Permission to use materials (such as brochures, press releases, owners manuals) from this web site is granted, provided that the use of the materials is for informational, non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media. You agree not to distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of this web site in any way. Except as expressly authorized by ClubCom in writing, you may not

reproduce, sell or exploit for any commercial purposes (a) any part of this Web Site, (b) access to this Web Site or (c) use of this Web Site or of any services or materials available through this Web Site. You agree to indemnify, defend and hold harmless ClubCom for any and all unauthorized uses you may make of any material on this site. You acknowledge the unauthorized use of the contents could cause irreparable harm to ClubCom and that in the event of unauthorized use, ClubCom shall be entitled to an injunction in addition to any other remedies available at law or in equity.

LINKS TO THIRD PARTY WEB SITES. Some links on this site will allow you to connect with sites that are not under our control. ClubCom is providing these links only as a convenience. The appearance of a link does not imply ClubCom's endorsement, nor is ClubCom responsible for the contents of any linked web site products or services of any third-party web sites and does not make any representations regarding their quality, content or accuracy. Access them at your own risk.

DEALINGS WITH THIRD PARTY MERCHANTS. If you choose to correspond, participate in a promotion or engage in transactions with any merchant found on or through this Web Site, you acknowledge and agree that ClubCom is not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant. The terms of your interaction with any merchant are solely between you and such merchant. You agree that ClubCom will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such merchants on or through this Web Site.

LIABILITY OF ClubCom AND ITS LICENSORS
ClubCom does not assume any liability for the materials, information and opinions provided on, or available through, the ClubCom Web Site (the "Site Content"). Reliance on the Site Content is solely at your own risk. ClubCom disclaims any liability for injury or damages resulting from the use of any Site Content.

PRIVACY; PROTECTION OF PERSONAL INFORMATION
ClubCom's use of your personal information and your responsibilities in connection with protecting your privacy are described in our Privacy Policy and is incorporated by reference into these Terms of Use.

DISCLAIMER
This web site and Site Content are provided on an "as is", "as available" basis without warranties of any kind, express or implied including but not limited to those of merchantability, fitness for a particular purpose or non-infringement or any warranty arising from a course of dealing, usage or trade practice. ClubCom makes no warranty or representation with respect to the quality, accuracy or availability of the ClubCom Web Site. Specifically, ClubCom does not warrant or represent that the ClubCom Web Site, the Site Content or the services provided on or through this web site will be accurate, reliable, error-free or uninterrupted; that defects will be corrected; that the ClubCom Web Site or the server that makes it available are free of viruses or other harmful components; or that the ClubCom Web Site will otherwise meet your needs or expectations. DISCLAIMER OF LIABILITY. The user assumes all responsibility and risk for the use of this web site and the Internet generally. Under no circumstances including negligence shall ClubCom or anyone involved in creating or maintaining this web site be liable for any DIRECT, INDIRECT, INCIDENTAL, SPECIAL or CONSEQUENTIAL DAMAGES or LOST PROFITS that result from the use or inability to use the web site, the Site Content, any services provided through this web site and/or any other web sites which are linked to this site. Nor shall ClubCom or anyone involved in creating or maintaining this web site be liable for any such damages including, but not limited to reliance by a member or visitor or any information obtained via the web site; or that results from mistakes, omissions, interruptions, deletion or files, viruses, errors, defects or any failure of performance, communications failure, theft, destruction or unauthorized access whether or not ClubCom has been advised of the possibility of any such damages.

FITNESS CENTER TESTIMONIAL PARTICIPANT REQUIREMENT
Participant must sign a Release to participate, the language of the Release is as follows: For good and valuable consideration herein acknowledged as received, upon the terms hereinafter stated, I hereby grant to ClubCom, its legal representatives and assigns, those for whom ClubCom is acting, and those acting with its authority and permission, the absolute right and permission to copyright and use, re-use and publish, and republish photographic images of me or in which I may be included, and my personal fitness story, in whole or in part, or composite or distorted in character form, without restriction as to changes or alterations, from time to time, in conjunction with my own or a fictitious name, or reproductions made through the ClubCom web page or any media on ClubCom's premises, or elsewhere for informational, promotional or publicity purposes. It is further acknowledged that the received consideration is payment in full for my likeness and/or story performed regardless of any continuous publishing of images used in any media form. Additionally, I agree to the following terms:

1. I shall have no claim to additional compensation and no claim (including without limitation, claims based upon invasion of privacy, defamation or right of publicity) arising out of any use, blurring, alteration, distortion or illusionary effect of use in composite form of my name, picture, or likeness or out of any other faulty reproduction of my name, picture or likeness in the finished materials produced hereunder.
2. I hereby release, discharge and agree to hold harmless ClubCom or its representatives or assigns, any and all persons acting under its permission or authority or those for whom ClubCom is acting, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur in any publication thereof even though it may be subject to ridicule, scandal, reproach, scorn and indignity.
3. I represent that I am over 21 years of age (or if under 21 my parent or legal guardian will sign below to signify consent on my behalf to the terms and conditions of this agreement). I also represent that I have the right to enter into this agreement and have no conflicting commitments or obligations that would interfere with rights herein granted. I have not heretofore authorized (which authority is still in effect) nor will I authorize or permit the use during the term of my name picture, voice or likeness in connection with the advertising or promotion of any product or service that is competitive to or incompatible with those of ClubCom.

COMMENTS AND SUBMISSIONS
ClubCom welcomes your comments. All comments, suggestions or other information sent by you to this Web Site for internal use by ClubCom or its advertisers or business partners or in response to solicitations on this Web Site, will become ClubCom's property, and you agree that all intellectual property rights therein are transferred to ClubCom. You understand that any postings to publicly available portions of the ClubCom Web Site are non-confidential for all purposes.

COMPLIANCE
The owner of this Web Site is based in the State of Pennsylvania, USA. ClubCom makes no representation that materials in this Web Site are appropriate or available for use in other locations. If you access this Web Site from other locations, you are responsible for complying with local laws.

MISCELLANEOUS
These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the State of Pennsylvania, USA, without regard to its conflicts of law principles. These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and ClubCom with respect to the ClubCom Web Site, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have with respect to the ClubCom Web Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the ClubCom Web Site shall be in the state or federal courts located in Chicago, Illinois. You agree to submit to the jurisdiction of such courts.

If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Use shall remain in full force and effect.

ClubCom's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and ClubCom nor any trade practices shall be deemed to modify these Terms of Use.

THESE TERMS OF USE ARE SUBJECT TO CHANGE WITHOUT NOTICE