Terms of Service

JOYSISTINA LLC Terms of Service

YOUR ACCESS TO AND USE OF OUR SERVICES IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS OF USE (“TERMS OF SERVICE”) AND ALL APPLICABLE LAWS. PLEASE READ THESE TERMS OF SERVICE CAREFULLY.

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, ACCEPTED, AND AGREED TO THESE TERMS OF SERVICE WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF SERVICE, DO NOT USE OUR SERVICES.

You acknowledge that you are purchasing Services from JOYSISTINA LLC. JOYSISTINA LLC is referred to in these Terms of Service as “we,” “us,” “our,” or other similar pronouns.

References to “Services” in these Terms of Service means the strength programming, training, coaching and/or related services you purchase from us.

We respect your privacy. Our collection, use and disclosure practices regarding your personally identifiable information is set forth in our Privacy Policy. Please take some time to review our Privacy Policy as its terms are incorporated herein by reference and your assent to these Terms of Service includes your assent to our Privacy Policy.

Eligibility

You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to purchase our Services. Our Services are not intended or designed for children under the age of 14. If you are under the age of 14, you may not purchase our Services. If you are a minor between the ages of 14 and 18 (or the applicable legal age in your jurisdiction), you can use our Services

only in conjunction with, and under the supervision of, your parent or guardian who has agreed to these Terms of Service. If you are a parent or legal guardian agreeing to these Terms of Service for the benefit of a minor between the ages of 14 and 18 (or the applicable legal age in your jurisdiction), you are fully responsible for his or her use of our Services (as defined below), including all legal liability he or she may incur. By purchasing our Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and to abide by all of the terms and conditions set forth herein.

You may not sell or transfer the Services you purchase from us, or otherwise allow any third party to use the Services you purchase from us for any purpose.

Medical Disclaimer

You expressly acknowledge and agree that JOYSISTINA LLC does not provide medical advice and is not a substitute for professional medical diagnosis, treatment or advice or a medical examination. Our Services may contain general information relating to the human body and human health. Such information is provided for informational purposes only and is not intended to replace or substitute for advice provided by a physician or other medical provider. You should not use the information provided with or in our Services for diagnosing a health problem or disease. Prior to using any program, workout, training, activity, exercise, diet, or treatment provided in our Services, or if you have any questions regarding a medical condition, seek the advice of your physician and other qualified health-care professionals. You understand that the exercises and programs provided in our Services can be strenuous and that there is an inherent risk in any exercise that, while providing some health benefits, can also cause unknown health issues or injury. Application or reliance on the techniques, advice, ideas, and suggestions of any person associated with JOYSISTINA LLC are at your sole discretion and risk.

Never disregard professional medical advice or delay in seeking it because of something you have read in our Services. If you think you may have a medical emergency, call your doctor or 911 immediately.

IT IS YOUR RESPONSIBILITY TO EVALUATE THE APPROPRIATENESS OR USEFULNESS OF ANY SERVICES OR RELATED INFORMATION PROVIDED TO YOU. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION OR OTHER CONTENT PROVIDED TO YOU.

No Warranties

JOYSISTINA LLC AND ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING SERVICES (together “THE JOYSISTINA LLC PARTIES”) HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE JOYSISTINA LLC PARTIES ARE MAKING THE SERVICES AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SERVICES, INCLUDING, WITHOUT LIMITATION, PHYSICAL INJURY OR DEATH AS WELL AS DAMAGES TO PERSONAL PROPERTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE JOYSISTINA LLC PARTIES EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE JOYSISTINA LLC PARTIES DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; NOR DO THE JOYSISTINA LLC PARTIES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM

USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION PROVIDED IN THE SERVICES.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF STATUTORY OR IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, INCLUDING (AS APPLICABLE IN YOUR JURISDICTION), WARRANTIES OF TITLE, POSSESSION, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, CORRESPONDENCE WITH A DESCRIPTION OR SAMPLE OF THE APPLICABLE GOODS, AND THAT SERVICES WILL BE CARRIED OUT AT A REASONABLE PRICE, USING REASONABLE SKILL AND WITHIN A REASONABLE TIME. IN SUCH STATES OR JURISDICTIONS THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS “NO WARRANTIES” SECTION MAY NOT APPLY TO YOU. CONSEQUENTLY, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF JOYSISTINA LLC IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING THE LIABILITY OF THE JOYSISTINA LLC PARTIES TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THIS LIMITATION IS INDEPENDENT OF ANY OTHER LIMITATION SET FORTH IN THESE TERMS OF SERVICE.

Limited Liability

NEITHER JOYSISTINA LLC, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING,DELIVERING OR MAINTAINING SERVICES SHALL BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO (I) THE USE OF, OR INABILITY TO USE THE SERVICES PROVIDED, (II) THE BREACH OF ANY REPRESENTATION OR WARRANTY, OR (III) ANY ERRORS OR OMISSIONS IN THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JOYSISTINA LLC OR ANY PARTY INVOLVED IN CREATING, PRODUCING, DELIVERING OR MAINTAINING THE SERVICES

PROVIDED, IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION INCLUDES, BUT IS NOT LIMITED TO, PERSONAL INJURY, INCLUDING DEATH AND DISABILITY AS WELL AS DAMAGES TO PERSONAL PROPERTY.

IN THE EVENT ANY CLAIM RELATING TO THE PERFORMANCE OR NONPERFORMANCE BY JOYSISTINA LLC PURSUANT TO THESE TERMS OF SERVICE, OR IN ANY OTHER WAY CONCERNING THE SERVICES, IS MADE BY YOU, THE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO THE FEES, IF ANY, PAID BY YOU FOR PURCHASING THE SERVICES.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS JOYSISTINA LLC AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, DELIVERING OR MAINTAINING THE SERVICES FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY AND ACCOUNTING FEES, RESULTING FROM (I) YOUR VIOLATION OF THESE TERMS OF SERVICE, (II) YOUR VIOLATION OF ANY THIRD PARTY RIGHTS, INCLUDING WITHOUT LIMITATION, ANY COPYRIGHT, TRADEMARK, PROPERTY, PUBLICITY OR PRIVACY RIGHT, (III) THE BREACH BY YOU OF ANY REPRESENTATIONS, WARRANTIES AND/OR COVENANTS CONTAINED HEREIN OR (V) YOUR USE OF THE SERVICES.

Governing Law

The Terms of Service are governed by the internal and substantive laws of the State of New York without respect to its conflict of laws principles.

Dispute Resolution

You agree that any suit, action, claim or dispute (“Claim”) arising out of or relating to these Terms of Use or any services thereon (including without limitation, statutory, equitable or tort claims) shall be submitted

to the American Arbitration Association (“AAA”) for final and binding arbitration in San Diego, California, in English, before a single neutral arbitrator (“Arbitrator”). The Arbitrator shall be a retired state or federal court judge and shall be mutually agreed upon by the parties. If the parties are unable to agree on an Arbitrator, the Arbitrator shall be appointed by AAA with consideration given to the Arbitrator’s experience presiding over or litigating software industry matters. Notwithstanding the foregoing, CrossFit may bring an action in any court of applicable jurisdiction to protect its intellectual property or other rights or to seek to obtain injunctive relief or other equitable remedies from a court to enforce the provisions of these Terms of Use or to enforce the decision of the Arbitrator.

You will not raise in connection therewith, and hereby waive, any defenses based upon venue, the inconvenience of the forum, the lack of personal jurisdiction, the sufficiency of service of process or the like in any such action, suit or proceeding brought in the State of California. If necessary, you further agree and expressly consent to the exercise of personal jurisdiction by the courts of the State of California in connection with any such dispute including any Claim involving JOYSISTINA LLC or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, content providers and any other party involved in creating, producing, delivering or maintaining this Site.

YOU AND JOYSISTINA LLC AGREE THAT ANY ARBITRATION SHALL BE LIMITED TO THE CLAIM BETWEEN JOYSISTINA LLC AND YOU INDIVIDUALLY. TO THE FULL EXTENT PERMITTED BY LAW: (1) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (2) THERE IS NO RIGHT OR AUTHORITY FOR ANY CLAIM TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS

ACTION PROCEDURES; AND (3) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

Severability/Waiver

If any provision of these Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. The section headings used herein are for convenience only and shall not affect the interpretation of these Terms of Service.

Our failure to exercise any right or remedy available upon your breach of these Terms of Service or the failure by us to demand the prompt performance of any obligation hereunder, shall not be deemed a waiver of (a) our rights or remedies, (b) the requirement of punctual performance or (c) any right or remedy in connection with a subsequent breach or default on your party. No waiver of any of these Terms ofService shall be deemed a further or continuing waiver of such terms and condition or any other term or condition.

Modifications

JOYSISTINA LLC may, in its sole discretion and without prior notice, (a) revise these Terms of Service; (b) modify our Privacy Policy; or (c) discontinue providing Services at any time. JOYSISTINA LLC shall post any revision to these Terms of Service, and the revision shall be effective immediately on such posting. You agree to review these Terms of Service periodically to be aware of any revisions. You agree that, by continuing to use our Services following notice of any revision or the posting of any revision, you shall abide by any such revision. When we change the Terms of Service or

Assignment

We may assign these Terms of Service with or without notice to one or more third parties.

Complete Agreement

Except as expressly provided in any particular “legal notice”, these Terms of Service and our Privacy Policy constitute the entire agreement between you and JOYSISTINA LLC with respect to the use of our Services.

For Additional Information

If you have any questions about these Terms of Service, please contact: joysistinallc@gmail.com

Last Modified Date of these Terms of Use

September 20, 2024.