Terms of Use

Last Updated: 10/14/22

Section 1 – Acceptance of the Terms of Use.

These Terms of Use are entered into by and between you (“you” or “your”) and Aubre Winters Fitness, LLC and its affiliated subsidiaries and related entities (collectively, “Company,” “we”, “our”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of www.aubrewinters.com (“Website”), any other websites, and social media platforms owned or controlled by us, along with any content, functionality, and services offered through us (each a “Property,” collectively “Properties”). You and Company each be referred to herein as a “Party”, and collectively as the “Parties.”

BY CREATING AN ACCOUNT, ATTENDING A CLASS, VIEWING VIDEOS, MAKING A PURCHASE, DOWNLOADING BRANDED APPLICATIONS, OR OTHERWISE USING OR ACCESSING THE PROPERTIES, YOU AGREE TO THESE TERMS OF USE, THE PRIVACY POLICY FOUND HERE, AND TO CONTRACT WITH US ELECTRONICALLY; IF YOU DO NOT AGREE, DO NOT ACCESS OR OTHERWISE USE THE PROPERTIES.

We reserve the right to amend or update these Terms of Use at any time with or without notice to users, and may add new features or functionality to, or change or remove existing features or functionality from, the Properties that will be subject to the Terms of Use. Notwithstanding the foregoing, in the event any changes to these Terms of Use shall materially change your rights, Company will provide you with prominent notice under the circumstances. Any user who continues to use the Property after any changes are made will be deemed to have agreed to those changes.

AS FURTHER SET FORTH HEREIN, YOU AGREE THAT DISPUTES BETWEEN YOU AND COMPANY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO RESOLVE ANY DISPUTES IN COURT (INCLUDING TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION).

Section 2 – Creating an Account.

Registration: You must create an account to use the online studio. To do so, you must provide an email address, full name, billing address, credit card information, and create a password. By creating an account, you agree to receive notices from us and our Service Provider, Sutra.Fit, at the email address you used to register your account.

Restricted Users. You may not create or maintain an account if you are a member of a terror or hate group. You may not purchase any goods or software services from us if you are (a) located in a country that is subject to a U.S. Government embargo or has been designated by the U.S. Government as a terrorist-supporting country; or (b) listed on any U.S. Government list of restricted parties.
Age Requirements: You may not create an account if you are younger than 18 years of age. By creating an account, you represent that you are at least 18 years of age, and, to the extent required by law, you have the permission of a parent or guardian to create an account and use the Properties.

Parents and Guardians: By granting your child permission to use the Properties through your account, you agree and understand that you are responsible for monitoring and supervising your child’s usage. If you believe your child is using your account and does not have your permission, please contact us immediately so that we can disable access.

Account Security: You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.

Sutra.Fit Terms and Policies: You understand and agree that our online studio and mobile app is powered by the Arketa platform and therefore your access and use of the online studio platform is governed by Sutra.Fit’s Terms of Service and Privacy Policy. If you do not agree to the foregoing policies, please do not use the online studio or mobile app Properties.

Section 3 – Online Studio Terms.

Subscriptions. For a recurring fee, you may stream the video programs (“Programs”) made available via the online studio offered an unlimited number of times during your subscription period. We may add or remove videos and Programs from the channel at any time. To purchase a subscription and/or rental (if available), you must provide a valid payment method. We may apply taxes, including VAT (value-added tax), to any charges. Prices and other terms of purchase are subject to change. If we provide you access to any Property on a free basis, such access will be deemed a “purchase” for the purpose of this Agreement. We and our Service Providers do not control any fees levied by your bank and/or credit card company, including fees for purchasing classes and experiences. Before engaging in a transaction, we recommend you check with your bank or credit card company and understand all fees, credit card surcharges and currency conversion rates. For any and all information regarding pricing, please review Sutra’s Pricing Page. We reserve the right to change its pricing at any time. All pricing fees are exclusive of taxes, levies, or duties imposed by taxing authorities. You shall be responsible for payment of all taxes, levies, or duties that are associated/related to your purchases, hereunder, excluding only United States (Federal or State) taxes, if applicable.

ALL PURCHASES, INCLUDING RECURRING CHARGES, ARE FINAL AND NON-REFUNDABLE.

Free Trials and Discounts: We may offer free-trial or discounted subscriptions. When a free-trial period
ends, your paid subscription begins (unless you have cancelled) and you must pay the full monthly or
annual fee. If we provide a discount for the first subscription period, you must pay the discounted fee; in
any renewal, you must pay the full fee.

Automatic Renewal: To the extent permitted by applicable law, subscriptions automatically renew for
the subscription period until you cancel. Your payment method will be charged at the beginning of each
subscription period. If we offer a free-trial period, your payment method will be charged at the end of
the free-trial period unless you cancel before the end of that period.
How to Decline Renewal: To pause or cancel a subscription, visit your account settings. Your changes
will be applied to your next subscription period. Please note that all sales are final and no refunds are
provided for any purchase at this time.

In-App Purchase: We may allow you to purchase subscriptions, rentals, or other products within apps
you download. When you make such “in-app” purchases, you will be billed by the app platform, not us.
To turn off automatic renewal for subscriptions, access your platform’s account settings. Any billing
inquiries should be directed to community@aubrewinters.com.

Section 4 – Licenses and Intellectual Property.
Subject to the terms hereof, you have the right to stream and/or (if offered) download for your personal
entertainment purposes: (i) Programs that you have rented during the stated rental period; (ii) Programs
that you have purchased for download; and (iii) Programs made available via our Properties that you
have subscribed to during your subscription period.

Unless otherwise noted, the Properties as a whole or in part, and all materials that are part of the
Properties, including without limitation, the Company name, trademarks, designs, logos, copyright,
materials, and other intellectual property, and products and services made available to users via the
Properties (collectively, “Company Content”) are copyrights, trademarks, trade dress or other
intellectual properties owned, controlled, or licensed by Company or its subsidiaries and affiliates.
Conditioned upon your compliance with these Terms of Use, you may only use Company Content and
the Properties for your personal, noncommercial use; any other use of the Company Content or
Properties without Company’s express written consent in each instance is strictly prohibited. No right,
title, or interest in any Company Content is granted or transferred to you as a result of your access or
use. Unless otherwise noted herein, you may not reproduce, publish, transmit, distribute, display,
modify, create derivative works from, sell, or participate in any sale of, or exploit in any way, any of the
Company Content or Properties. Unauthorized use of the Company Content is expressly prohibited by
law, and may result in severe civil and criminal penalties.

Restrictions: All access and use of the Programs and any Company Content shall be limited to your
personal non-commercial use. You may not resell streams or downloads, use any Program or Company
Content for any commercial purpose, redistribute or retransmit any Program or Company Content,
publicly perform or display any Program or Company Content, make derivative works from any Program
or Company Content, or otherwise use the Programs or any Company Content in violation of these
Terms of Use. All rights not expressly granted herein are reserved by Company. Upon termination,
unless subject to specific software or other Property licenses, all licenses and other rights granted to you
in these Terms of Use will immediately cease.

Company Apps: If you download a Company application that Sutra.Fit powers (an “app”) that operates
on a third-party platform (e.g., iOS, Roku): (i) you have the right to use such app for your personal, non-
commercial use on devices permitted by the platform operator; (ii) as between Sutra.Fit and the
platform operator (but without creating any obligation by Sutra.Fit), Sutra.Fit shall be responsible for the
apps and their content and providing any warranty, support, or indemnification with respect to such
apps as required by law; and (iii) the platform operator shall have the right to enforce the terms of this
clause with respect to your use of the app.

Section 5 – Feedback and Communications.
We welcome your comments and feedback regarding our Properties, products, and services. We do not,
however, accept confidential or proprietary information. Thus, all comments, feedback, ideas,
suggestions, materials, information, and other submissions disclosed, submitted or offered to us using
our Properties or otherwise (collectively, “Communications”) are not confidential and will become and
remain our property. The disclosure, submission, or offer of any Communications will constitute an assignment to Company of all worldwide rights, titles, and interests, and goodwill in the
Communications without payment of any compensation. Additionally, Communications submitted by
you must not violate any right of any third party, and must not contain any libelous, abusive, obscene, or
otherwise unlawful material. If your Communications violate these Terms of Use, you may bear legal
responsibility for such Communications. Please provide feedback directly to community@aubrewinters.com.

Section 6 – Acceptable Use Policy.
Our Properties allow you to post, link, store, share and otherwise make available certain information,
text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or
through Service, including its legality, reliability, and appropriateness. By posting Content on or through
the Properties, you represent and warrant that: (i) Content is yours (you own it) and/or you have the
right to use it and the right to grant us the rights and license as provided in these Terms of Use, and (ii)
that the posting of your Content on or through the Properties does not violate the privacy rights,
publicity rights, copyright, contract rights or any other rights of any person or entity.

We, or our Service Providers, may (but are not obligated to) monitor your account, Content, and
conduct, regardless of your privacy settings. We or our Service Providers may remove or limit access or
availability to any Content or account that it considers in good faith to violate these Terms of Use. We
reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the
Properties and you are responsible for protecting those rights. We take no responsibility and assume no
liability for Content you or any third party posts on or through the Properties. To the extent that you
submit any Content to us and any of our Service Providers (i.e. in your profile, a comment, or forum),
you grant us an irrevocable, worldwide, non-exclusive, royalty-free, perpetual right and license to
reproduce, edit, use, copy, adapt, transmit, distribute, license, and publicly perform and display such
content in all media for any purpose whatsoever.

• Content Restrictions. You may not submit any Content by and through the Properties that:
• Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
• Is sexually explicit or promotes a sexual service;
• Is defamatory;
• Is harassing or abusive;
• Contains hateful or discriminatory speech;
• Promotes or supports terror or hate groups;
• Contains instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;
• Exploits or endangers minors;
• Depicts or encourages self-harm or suicide;
• Depicts (1) unlawful real-world acts of extreme violence, or (2) animal cruelty or extreme violence towards animals;
• Promotes fraudulent or dubious money-making schemes, proposes an unlawful transaction, or
• uses deceptive marketing practices;
• Contains false or misleading claims about (1) vaccination safety, or (2) health-related information that has a serious potential to cause public harm;
• Contains false or misleading information about voting;
• Contains conspiracy-related content where the underlying conspiracy theory makes claims that
• (1) suggest that a real-world tragedy did not occur, or (2) violate other content restrictions; or Violates any applicable law.

Code of Conduct. In using the Properties, you may not:

• Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity or hateful or defamatory imagery);
• Act in a deceptive manner or impersonate any person or organization;
• Solicit, collect or use the login credentials or other confidential information of other users of the
• Properties (each and collectively, “Third Party User(s)”).
• Harass or stalk any Third Party User;
• Harm or exploit minors;
• Distribute “spam” in any form or use misleading metadata;
• Collect personal information about any Third Party User;
• Access another’s account without permission;
• Use or export any of our services in violation of any U.S. export control laws;
• You may not use the Properties to participate in any activity that is in violation of any federal, state, or local law including without limitation, all regulatory, administrative and legislative authorities; or
• Cause or encourage others to do any of the above.

The foregoing Code of Conduct and Content Restrictions shall be interpreted as we determine in our sole discretion.

Prohibited Technical Measures. You will not:

• Use the Properties in any manner that could disable, overburden, damage, or impair the properties or interfere with any other Third Party User’s use of the Properties, including their ability to engage in real time activities through the Properties;
• Access or use the Properties through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the
• Properties, the server on which the Properties are stored, or any server, computer, or database connected to the Properties;
• Use any manual process to monitor or copy any of the material or Company Content on the
• Properties or for any other unauthorized purpose without our prior written consent.
• Disable, hack, circumvent or otherwise interfere with security related features of the Properties
• or features that prevent or restrict use or copying of any Program, Company Content, or materials;
• Destroy, interfere with or disrupt, or attempt to interfere with or disrupt (including scan, probe or test the vulnerability of), any web pages available on the Properties, servers or networks connected to the Properties or the technical delivery systems of Company’s Service Providers or break any requirements, procedures, policies or regulations of networks connected to the
• Properties, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
• Inject content or code or otherwise alter or interfere with the way any of the Properties are or
• Company Content is rendered or displayed in a Third Party User’s browser or device;
• Except as authorized by law or as permitted by us: scrape, reproduce, redistribute, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of the Properties; or attempt to circumvent any of our security, rate-limiting, filtering, or digital
  rights management measures;
• Submit any malicious program, script, or code;
• Submit an unreasonable number of requests to our servers; or
• Take any other actions to manipulate, interfere with, or damage the Properties.
  

Contests, Sweepstakes and Promotions: Any contests, sweepstakes or other promotions (collectively,
“Promotions”) made available through the Properties may be governed by rules that are separate from
these Terms of Use. If you participate in any Promotions, please review the applicable rules as well as
our Privacy Policy. If the rules for a Promotion conflict with these Terms of Use, Promotion rules will
apply.

Section 7 – Online Store Terms.

Certain merchandise and other products may be available exclusively online through the Website. These
products may have limited quantities and are subject to return or exchange only according to our Return
Policy.

We have made every effort to display as accurately as possible the colors and images of our products
that appear in the store. We cannot guarantee that your computer monitor’s display of any color will be
accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Properties to any
person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve
the right to limit the quantities of any products or services that we offer. All descriptions of products or
product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve
the right to discontinue any product at any time. Any offer for any product or service made on this site is
void where prohibited.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or
cancel quantities purchased per person, per household or per order. These restrictions may include
orders placed by or under the same customer account, the same credit card, and/or orders that use the
same billing and/or shipping address. In the event we make a change to or cancel an order, we may
attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the
time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment,
appear to be placed by dealers, resellers or distributors.

We do not warrant that the quality of any products, services, information, or other material purchased
or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
For additional details, please review our Returns Policy here

Section 8 – Accuracy, Completeness, and Timeliness of Information.
You agree to provide current, complete and accurate purchase and account information for all
purchases made at our store, online platform, and other Properties. You agree to promptly update your
account and other information, including your email address and credit card numbers and expiration
dates, so that we can complete your transactions and contact you as needed.

Occasionally there may be information on our Properties that contain typographical errors, inaccuracies
or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping
charges, transit times and availability. We are not responsible if information made available on the
Properties is not accurate, complete or current. The material on the Properties is provided for general
information only and should not be relied upon or used as the sole basis for making decisions without
consulting primary, more accurate, more complete or more timely sources of information. Any reliance
on the material on this site is at your own risk. We reserve the right to correct any errors, inaccuracies or
omissions, and to change or update information or cancel orders if any information on the Properties or
on any related website is inaccurate at any time without prior notice (including after you have submitted
your order). We undertake no obligation to update, amend or clarify information in the Properties or on
any related website, including without limitation, pricing information, except as required by law. No
specified update or refresh date applied on the Properties or on any related website, should be taken to
indicate that all information on the Properties or on any related website has been modified or updated.
The Properties may contain certain historical information. Historical information, necessarily, is not
current and is provided for your reference only. We reserve the right to modify the contents of the
Properties at any time, but we have no obligation to update any information on the Properties. You
agree that it is your responsibility to monitor changes to our site. We reserve the right to refuse access
to the Properties to anyone for any reason at any time.

Section 9 – Modification of Properties, Services, and Prices.

Prices for our products and services are subject to change with or without notice to you. We reserve the
right at any time to modify or discontinue the Properties or services available thereon (or any part or
content thereof), or your access or use of the Properties, without notice at any time. We shall not be
liable to you or to any third-party for any modification, price change, suspension or discontinuance of
the Properties.

Section 10 – Linked Sites and Third Party Websites.

You may access resources through our Properties from Linked Sites (as defined in the Privacy Policy). All
matters concerning the resources, events, and other information from such Linked Sites, including, but
not limited to, reservations, purchase terms, warranties, guarantees, maintenance and delivery, are
solely between you and the Linked Sites. We make no warranties or representations whatsoever with
regard to any information, resources, articles, and products provided by the Linked Sites. You will not
consider us, and we will not be construed as, a party to such transactions, whether or not we may have
received some form of revenue or other remuneration in connection with such transactions, and we will
not be liable for any costs or damages arising out of, either directly or indirectly, you or any other
person involved or related to any such transactions. You acknowledge and agree that we have no
responsibility for the information, content, products, services, advertising, code or other materials which
may or may not be provided by or through Linked Sites (as defined in the Privacy Policy). Links to Linked
Sites do not constitute an endorsement or sponsorship by us of such websites or the information,
content, products, services, code or other materials presented on or through such websites. The
inclusion of any link to such Linked Sites on our Properties does not imply our endorsement or
recommendation of that site and we do not represent or warrant that the contents of any third party
website is accurate, compliant with state or federal law, or compliant with copyright or other intellectual
property laws. Any access to or reliance on the contents of a third party website is done at your own
risk.

Section 11 – Territorial Restrictions.

The information provided within or in connection with the Properties is not intended for distribution to
or use by any person or entity in any jurisdiction or country where such distribution or use would be
contrary to law or regulation or which would subject Company to any registration requirement within
such jurisdiction or country. We reserve the right to limit the availability of the Properties or any portion
of the Properties, to any person, geographic area, or jurisdiction, at any time and in our sole discretion,
and to limit the quantities of any content, program, product, Property or other feature that Company
provides.

These Terms of Use were written in English (US). To the extent any translated version of these Terms of
Use conflicts with the English version, the English version controls.

Section 12 – No Special Relationship.

Except as otherwise described in the Privacy Policy, as between you and Company, you acknowledge
and agree that your relationship with Company is not a confidential, fiduciary, or other type of special
relationship.

Section 13 – Accessibility Statement.
We are committed to providing a website that is accessible to the widest possible audience, regardless
of technology or ability, including those with visual, hearing, cognitive, and motor impairments. As part
of our commitment to accessibility, we try to ensure our website is compatible with:

• Recent versions of popular screen readers
• Operating system screen magnifiers
• Speech recognition software
• Operating system speech packages

Whenever possible, we aim to comply with all applicable standards, including WCAG 2.0 accessibility
standards up to level AA.

If you experience any difficulty in accessing any part of this website, please feel free to email us at
community@aubrewinters.com and we will do our best to assist you. We will work with you to provide
the information, item, or transaction you seek through an alternate communication method or one that
is accessible for you consistent with applicable law (for example, through telephone support).

Section 14 – Disclaimer of Warranties
THE PROPERTIES, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, PROGRAMS OR COMPANY
CONTENT (INCLUDING COMMUNICATIONS), FUNCTIONS, AND ALL OTHER MATERIALS PROVIDED OR
DISPLAYED THROUGH THE PROPERTIES IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL
FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER COMPANY NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “COMPANY PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION AS TO INFORMATION, DATA, DATA PROCESSING, UPTIME OR UNINTERRUPTED ACCESS, THE AVAILABILITY, USABILITY, ACCURACY, PRECISION, CORRECTNESS, COMPLETENESS, OR USEFULNESS, AND SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO COMPANY OR VIA THE PROPERTIES. THE COMPANY PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE FOREGOING WARRANTIES AS WELL AS THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE COMPANY PARTIES DO NOT REPRESENT OR WARRANT THAT THE PROPERTIES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PROPERTY OR THE SERVER THAT MAKES THE PROPERTY AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE COMPANY PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON

THE PROPERTIES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE PROPERTIES IS AT YOUR SOLE RISK. THE COMPANY PARTIES DO NOT WARRANT THAT YOUR USE OF THE PROPERTIES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE COMPANY PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.
THE COMPANY PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

Section 15 – Limitation of Liability; Waiver
UNDER NO CIRCUMSTANCES WILL THE COMPANY PARTIES BE LIABLE TO YOU FOR ANY LOSS OR
DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC,
EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE
DIRECTLY OR INDIRECTLY RELATED TO: (A) THE PROPERTIES; (B) THE PROGRAMS OR COMPANY
CONTENT (INCLUDING COMMUNICATIONS); (C) YOUR USE OF, INABILITY TO USE, OR THE
PERFORMANCE OF THE PROPERTIES; (D) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE PROPERTIES; (E) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (F) ANY ERRORS OR OMISSIONS IN THE PROPERTIES’ OPERATION; OR (G) ANY DAMAGE TO ANY USER’S OR THIRD PARTY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE PROPERTY). IN NO EVENT WILL

THE COMPANY PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY,
INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SOME OF THE EVENTS, ACTIVITIES OR ACTIONS TAKEN BY YOU WHETHER IN CONNECTION WITH THE PROPERTY OR OTHERWISE CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED THEREWITH EVEN IF CAUSED IN WHOLE OR IN PART BY THE ACTION OR INACTION OR NEGLIGENCE OF COMPANY OR BY THE ACTION, IN ACTION OR NEGLIGENCE OF OTHERS. YOU EXPRESSLY AGREE THAT COMPANY DOES NOT ASSUME RESPONSIBILITY FOR THE SUPERVISION, PREPARATION, OR CONDUCT OF ANY ACTIVITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE COMPANY PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD).

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF COMPANY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE COMPANY PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, OR OTHER CONTENT OWNED OR CONTROLLED BY THE COMPANY PARTIES.
BY ACCESSING THE PROPERTIES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” COMPANY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

Section 16 – Indemnification.

You (and any third party for whom you operate an account or activity on the Properties) agree to defend
(at Company’s request), indemnify and hold the Company Parties harmless from and against any claims,
liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and
costs, arising out of or in any way connected with any of the following (including as a result of your
direct activities in connection with the Properties or those conducted on your behalf): (i) your
Communications or your access to or use of the Properties; (ii) your breach or alleged breach of these
Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual
property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules,
regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental
authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v)
any misrepresentation made by you. You will cooperate as fully required by Company in the defense of any claim. Company reserves the right to assume the exclusive defense and control of any matter
subject to indemnification by you, and you will not in any event settle any claim without the prior
written consent of Company.

Section 17 – Disputes.

Unless expressly noted in these Terms of Use, we are ready to assist you and address your concerns via
email at community@aubrewinters.com. When contacting us, we ask that you include your name,
address, phone number and email address, and a description of your problem or concern and any
specific relief you seek.
If we are unable to address the problem or concern via e-mail, you unconditionally agree that any and
all Disputes (as defined below) between you and Company (whether or not such Dispute involves a third
party) with regard to your relationship with Company, including without limitation Disputes related to
these Terms of Use, your use of the Properties, and/or rights of privacy and/or publicity, will be resolved
by binding, individual arbitration under the Federal Arbitration Act (Title 9 of the United States Code),
which shall govern the interpretation and enforcement of this arbitration agreement
(“Arbitration Agreement”).  Arbitration shall be before JAMS (formerly known as Judicial Arbitration and
Mediation Services), www.jamsadr.com.  If you initiate arbitration, you shall have the choice as between
these two arbitration forums; if Company initiates arbitration, it shall have the choice as between these
two arbitration forums. 

WE EACH AGREE THAT, EXCEPT AS PROVIDED IN THE DEFINITION OF DISPUTES BELOW, ANY AND ALL
DISPUTES WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, INCLUDING ALL ISSUES RELATING TO THE ENFORCEABILITY, INTERPRETATION, SCOPE, AND APPLICATION OF THIS ARBITRATION AGREEMENT (SUCH AS “GATEWAY” ISSUES OF ARBITRABILITY, WHETHER THE ARBITRATION AGREEMENT IS UNCONSCIONABLE OR ILLUSORY AND ANY DEFENSE TO ARBITRATION) WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT BY A JUDGE OR JURY, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.

Judgment on the award rendered by the arbitrator may be entered in any court having competent
jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to
award damages, remedies or awards that conflict with these Terms of Use.
Class Action Waiver.

By using the Properties, you agree that the arbitration of any Dispute shall be conducted on an
individual, not a class-wide basis, and that no such arbitration proceedings may be consolidated with
any other arbitration or other legal proceedings involving Company or any other person.  You may bring
claims only on your own behalf. You further agree that you, and anyone asserting a claim through you,
will not participate in a class action, be a class representative, or otherwise participate in a class,
representative, or consolidated proceeding against Company or class-wide arbitration for any claims
covered by these Terms of Use. You also agree not to participate in claims brought in a private attorney
general or representative capacity, or consolidated claims involving another person’s account, if
Company is a party to the proceeding.

If the foregoing class action waiver (“Class Action Waiver”) or any portion thereof is found to be invalid,
illegal, unenforceable, unconscionable, void or voidable, then the Arbitration Agreement will be
unenforceable, and the Dispute will be decided by a court.  Any claim that all or part of the Class Action

Waiver is invalid, illegal, unenforceable, unconscionable, void or voidable may be determined only by a
court of competent jurisdiction and not by an arbitrator.

Definition of Dispute.
Except as described below, the term “Dispute” in this Arbitration Agreement and Class Action Waiver
means any dispute, claim, or controversy between you and Company regarding any aspect of your
relationship with Company, whether based in contract, statute, regulation, ordinance, tort (including
without limitation fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or
reckless behavior), or any other legal, statutory or equitable theory, whether related to the access to
and use of the Properties or otherwise, and includes the validity, enforceability or scope of these Terms
of Use, except for the scope, enforceability and interpretation of the Arbitration Agreement and Class
Action Waiver.

However, “Disputes” SHALL NOT include claims that all or part of the Class Action Waiver is invalid,
unenforceable, unconscionable, void or voidable, or any claim for public injunctive relief, i.e., injunctive
relief that has the primary purpose and effect of prohibiting alleged unlawful acts that threaten future
injury to the general public. Such claims may be determined only by a court of competent jurisdiction
and not by an arbitrator.

How Will the Arbitration Work? 
Either you or Company may initiate arbitration proceedings.  The arbitration will be conducted before a
single arbitrator.  The arbitration will be an individual arbitration, and shall in no event be commenced
as a representative or class arbitration. The JAMS Comprehensive Arbitration Rules & Procedures and
the JAMS Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases will apply. 
The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. 
If required for the enforceability of the Arbitration Agreement under the Federal Arbitration Act,
Company will pay all arbitrator’s costs and expenses.  If not, those costs will be paid as specified in the
above-referenced rules.

Where Will the Arbitration Be Held?
The parties agree to bring the arbitration in Illinois in Cook County.  As set forth in “Governing Law &
Venue” section below, the arbitrator will apply Illinois law.

Time Limitation on Claims.
You agree that any claim you may have arising out of or related to your relationship with Company must
be filed within 1 year after such claim arose; otherwise, your claim is permanently barred. This provision
expressly survives the termination of your relationship with Company.

Section 18 – Governing Law & Venue.
The law applicable to the interpretation and construction of these Terms of Use and any transaction
(including purchases made via the Properties) using or relating to the Properties, shall be the Federal
Arbitration Act, applicable federal laws, and the laws of the State of Illinois, USA, without regard to
principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to
the arbitrability of claims. You agree that all matters relating to your access to or use of the Property,
including all disputes, will be governed by the laws of the United States and by the laws of the State of

Illinois AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON
CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.
Section 19 – Force Majeure. Neither the Company Parties nor its Service Providers shall be liable for any
failure or delay in performance of its obligations under these Terms of Use arising out of or caused,
directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts
of God; natural disasters; wars; civil or military disturbances; sabotage; strikes; epidemics; riots; power
failures; computer failure; loss or malfunction of utility, transportation, computer (hardware or
software) or telephone communication service; accidents; labor disputes, acts of civil or military
authority; governmental actions; or inability to obtain labor, material, equipment or transportation.

Section 20 – Severability.

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable
during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable
from these Terms of Use and will not affect the validity and enforceability of any remaining provisions.
Company’s failure to insist upon or enforce strict performance of any provision of these Terms of Use
will not be construed as a waiver of any provision or right. No waiver of any of these Terms of Use will
be deemed a further or continuing waiver of such term or condition or any other term or condition.
Company reserves the right to change this dispute resolution provision, but any such changes will not
apply to disputes arising before the effective date of the amendment. This dispute resolution provision
will survive the termination of any or all of your transactions with Company.

Section 21 – Entire Agreement.

If you are using the Property on behalf of a legal entity, you represent that you are authorized to enter
into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement
between You and Company and governs your use of the Property, superseding any prior agreements
between You and Company. You will not assign the Terms of Use or assign any rights or delegate any
obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior
written consent of Company. Any purported assignment or delegation by you without the appropriate
prior written consent of Company will be null and void. Company may assign these Terms of Use or any
rights hereunder without your consent. Neither the course of conduct between the Parties nor trade
practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party
beneficiary rights.

Contact Us.

• For all inquiries regarding our Properties, Privacy Policy, Terms of Use, or merchandise or support-related questions please reach out to community@aubrewinters.com
• For all marketing or business opportunities, please reach out to partnerships@aubrewinters.com