Terms and Conditions

1.1 Who we are. These Terms and Conditions (the "Terms") are an agreement between you and proof3 Training Inc., a Pennsylvania corporation ("proof3," "we," "us," or "our"). proof3 owns and operates the proof3 Technology and the website at proof3.com (together, the "Platform"). The "proof3 Technology" means the software proof3 has built, including the member mobile app, the class, coach, and in-facility display applications, the assessment platform and report portal, the programming engine, and related tools, data, and content.

1.2 Operating Affiliates. In-person and coaching services offered under the proof3 name are provided by separate companies affiliated with proof3 (each an "Operating Affiliate"), and not by proof3 Training Inc. Operating Affiliates currently include proof3 Gym 1 Phoenix, LLC d/b/a proof3 Salt River, which operates the Scottsdale, Arizona facility, and Proof3 Coaching, LLC, which provides online coaching through a third-party coaching platform and not through the proof3 Technology. The Operating Affiliate that provides your service is identified in your membership, coaching, or participation agreement. We refer to the Platform and the services of the Operating Affiliates together as the "Services."

1.3 Acceptance. By accessing or using the Platform, creating an account, submitting a form, booking or purchasing a Service, or clicking to accept these Terms, you agree to these Terms. Where we offer a click-to-accept option, you accept these Terms by affirmatively clicking or checking that you agree, and we keep a record of the version of these Terms you accepted and the date you accepted them. If you do not agree, do not use the Platform.

1.4 Other agreements. Your use of the Services is also governed by the following, each of which is incorporated into these Terms where it applies to you:

• the Privacy Policy;

• the Fitness Waiver, Release, Assumption of Risk and Consent to Participate (the "Waiver");

• any membership, coaching, or program agreement you sign with an Operating Affiliate (a "Membership Agreement"); and

• facility rules and policies posted at a location or communicated through the Platform.

1.5 Order of precedence. If these Terms conflict with the Waiver or a Membership Agreement, the Waiver controls as to release of claims and assumption of risk for physical participation, and the Membership Agreement controls as to membership dues, billing, freezes, and cancellation. These Terms control in all other respects.

1.6 Which sections apply to you. Sections 1 to 3, 8, and 14 to 21 apply to everyone. The table shows what else applies and which company is responsible.

2.1 Adults. You must be at least 18 years old to create an account, make a purchase, or agree to these Terms on your own behalf.

2.2 Minors. A person aged 14 to 17 may use the Services only if a parent or legal guardian has accepted these Terms, signed the Waiver and any Membership Agreement on the minor's behalf, and remains responsible for the minor's use of the Services and for all charges. The parent or guardian agrees to these Terms for themselves and for the minor.

2.3 Children. The Platform is not directed to children under 13, and no one under 13 may create an account or submit personal information through the Platform.

3.1 Your account. You agree to provide accurate, current, and complete information and to keep it updated. Each account is for one person and may not be shared or transferred.

3.2 Security. You are responsible for keeping your login credentials confidential and for all activity under your account. Notify us immediately at legal@proof3.com if you suspect unauthorized use.

3.3 Our rights. We may refuse, suspend, or close an account, or reclaim a username, where we reasonably believe these Terms have been violated or where needed to protect the Services or other users.

4.1 What we provide. The Services include fitness assessments, body composition and movement testing, strength and endurance training, coaching, nutrition and lifestyle guidance, training programs, and tools that record and display your fitness data. The Services are for general fitness and wellness purposes only.

4.2 Not medical care. proof3, the Operating Affiliates, and their coaches are not physicians or licensed healthcare providers and do not provide medical advice, diagnosis, or treatment. Assessment results, scores, body composition readings, wearable data, programs, and coach communications are not medical information and are not a substitute for professional medical care. Consult a licensed medical professional before starting any exercise or nutrition program and about any health question. Never disregard or delay medical advice because of something you saw or heard through the Services.

4.3 Assessment and device data. Measurements from fitness equipment, cameras, software, and consumer wearables can contain error and can vary with testing conditions. Scores and reports are estimates intended to guide training.

4.4 Automated and AI-assisted programming. Training programs, exercise selections, loads, and recommendations may be generated or adjusted in whole or in part by software, including rules-based and artificial intelligence tools, using your assessment and training data. Coaches review programming, but automated outputs may contain errors or may not account for a condition you have not told us about. You are responsible for telling your coach about injuries, pain, and limitations, and for stopping any exercise that does not feel safe.

4.5 No guaranteed results. Results vary by individual. Testimonials, member stories, and examples on the Platform reflect individual experiences and are not a promise that you will achieve the same outcome.

4.6 Changes to the Services. We may add, change, or discontinue features, class schedules, coaches, and offerings. Rights you hold under a Membership Agreement are not reduced by this section.

4.7 Online coaching. Online coaching is provided by Proof3 Coaching, LLC under the coaching agreement and waiver you sign at enrollment, which is a Membership Agreement for purposes of these Terms. Coaching is delivered through a third-party coaching platform that is not owned or operated by any proof3 Party. Your use of that platform is subject to its provider's terms and privacy policy, and no proof3 Party is responsible for its availability, security, or data practices.

4.8 Biometric and health data. Some Services use camera-based movement and body-composition assessment and ingest data from consumer wearables and connected apps. Depending on the feature and your location, this may involve biometric identifiers or information and consumer health data. Where required by law, proof3 and the applicable Operating Affiliate will provide a separate biometric and health data notice and obtain your separate, written, opt-in consent before collecting that data, will obtain any further separate consent required before sharing it, and will maintain a publicly available policy describing how long it is kept and when it is destroyed. That separate notice and consent, together with the Privacy Policy, govern this data. Accepting these Terms is not by itself consent to the collection, use, sharing, or sale of biometric identifiers or consumer health data. proof3 does not sell your biometric identifiers or consumer health data.

5.1 Inherent risk. Exercise and fitness testing involve inherent risks, including muscle and joint injury, falls, cardiovascular events, serious injury, permanent disability, and death. You choose to participate voluntarily and assume these risks to the fullest extent permitted by law.

5.2 Waiver required. You must sign the Waiver before any in-person assessment, class, or session. The Waiver is a separate agreement that releases certain legal claims and continues to apply for as long as you participate.

5.3 Training outside a facility. If you follow programming or coaching away from a proof3 facility, including through online coaching or the app, you are solely responsible for your surroundings, your equipment, and how you perform each exercise. Neither proof3 nor any Operating Affiliate supervises that activity or inspects that equipment.

6.1 Seller. When you purchase a membership, package, assessment, coaching program, or product, the seller is the Operating Affiliate identified at checkout or in your Membership Agreement.

6.2 Prices and taxes. Prices are shown at the time of purchase and may change for future purchases. Applicable taxes and authorized fees are added. We may correct pricing errors and cancel an order affected by one, with a refund of any amount charged.

6.3 Recurring billing and automatic renewal. If you purchase a membership or other recurring plan, that plan is an automatic-renewal or continuous-service offer: it continues and automatically renews, and you authorize the payment method on file to be charged the stated amount on each billing date, until you cancel. Before you purchase, we present the recurring charge amount (and that and how it may change, if applicable), the billing frequency, the length of the renewal term, any minimum term, and how to cancel, clearly and conspicuously and close to where you consent, and we obtain your affirmative consent to the automatic renewal. After you purchase, we provide an acknowledgment of these terms, the cancellation policy, and how to cancel, in a form you can keep. We give advance notice of any material change or price change before it takes effect, and, for plans that renew annually, an annual reminder, in each case as required by applicable law. The amount, billing frequency, minimum term (if any), and cancellation steps are also stated in your Membership Agreement and at checkout. You also authorize charges for late-cancellation fees, no-show fees, and other fees disclosed in your Membership Agreement.

6.4 Payment methods. You must keep a valid payment method on file. If a payment is declined or reversed, access to Services may be suspended until the balance is paid, and you remain responsible for amounts owed. Payments are handled by third-party processors under their own terms; we do not store full card numbers.

6.5 Refunds. Except as stated in your Membership Agreement or required by law, payments are non-refundable and no credit is given for unused sessions or partial billing periods. Nothing in these Terms limits a cancellation or refund right that applicable law gives you, including any right to cancel within a set period after signing.

6.6 Promotions. Promotional offers, trials, and referral rewards are subject to their stated conditions, cannot be combined unless we say so, have no cash value, and may be withdrawn at any time for future use. If a free or discounted trial converts to a paid plan, we disclose the price and timing before you purchase and before the trial converts, and tell you how to cancel before you are charged.

6.7 Cancelling automatic renewals. You may cancel an automatic renewal at any time. If you signed up online, you may cancel online — through your account, profile, or a clearly labeled cancellation link or button — at will and without being required to call, visit in person, or take any step more burdensome than the step you used to sign up. Membership minimum terms, freezes, and notice periods in your Membership Agreement continue to apply, except that no Membership Agreement requires you to cancel through a method more burdensome than the method by which you enrolled. Deleting the app or your app account does not by itself satisfy a written cancellation-notice requirement in your Membership Agreement.

7.1 Reservations. Class and appointment reservations, waitlists, late-cancellation windows, and no-show fees are governed by your Membership Agreement and the policies shown in the app at the time you book.

7.2 Arrival. If you arrive at or after the start time, the coach may decline entry for safety reasons and your spot may be released.

7.3 Cancelling a membership. Membership cancellation, freezes, and notice periods are governed by your Membership Agreement. Deleting your app account or removing the app does not by itself satisfy a written cancellation notice requirement in your Membership Agreement.

8.1 Program description. proof3 and the Operating Affiliates send text messages about inquiries, assessment and class scheduling, reminders, account and billing notices, coaching follow-up, and, where you have agreed to receive them, marketing and promotional offers.

8.2 Consent. By providing your mobile number and agreeing at the point of collection, you consent to receive recurring text messages and calls from or on behalf of proof3 and the Operating Affiliates at that number, including messages sent using an automatic telephone dialing system or other automated technology. Consent to marketing messages is not a condition of purchasing any goods or services.

8.3 Frequency and cost. Message frequency varies. Message and data rates may apply. Check with your wireless carrier about your plan.

8.4 Opting out. Reply STOP to any text message to stop receiving texts from that number. You will receive one confirmation message. Opting out of marketing texts does not stop transactional messages you have separately requested, unless you reply STOP to those as well.

8.5 Help. Reply HELP for help, or contact us at info@proof3.com.

8.6 Carriers and delivery. Wireless carriers are not liable for delayed or undelivered messages. Delivery is not guaranteed.

8.7 Your number. You confirm that you are the subscriber or customary user of the number you provide. Tell us promptly if you change or give up your number.

8.8 Privacy. Mobile numbers and text messaging consent are not sold or shared with third parties or affiliates for their own marketing purposes. See the Privacy Policy.

8.9 Email and in-app messages. You agree to receive transactional and service emails, push notifications, and in-app messages. You may unsubscribe from marketing email using the link in any marketing email and manage push notifications in your device settings.

8.10 Electronic communications. You agree that agreements, notices, and disclosures we provide electronically satisfy any legal requirement that they be in writing.

9.1 User Content. "User Content" means anything you post, upload, or send through the Platform or direct to our social media accounts, including profile photos, comments, messages, reviews, and workout results.

9.2 Visibility. Depending on your settings and the feature used, your name, profile photo, attendance, and results may be visible to coaches and to other members, including on leaderboards and in-facility screens.

9.3 License to us. You keep ownership of your User Content. You grant proof3 and the Operating Affiliates a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, display, adapt, and distribute your User Content to operate, improve, and promote the Services. Use of your name, image, or likeness captured at a facility is governed by the media release in your Membership Agreement, and use of your personal and health data is governed by the Privacy Policy.

9.4 Your responsibility. You confirm that you have the rights needed to post your User Content, that it is accurate, and that it does not violate anyone's rights or any law.

9.5 Prohibited content. You may not post content that is unlawful, harassing, threatening, hateful, discriminatory, sexually explicit, defamatory, deceptive, infringing, or that discloses another person's private or health information without their consent.

9.6 Moderation. We may, but are not required to, review, remove, or restrict User Content at any time. We are not responsible for User Content posted by others.

9.7 Recording. You may not photograph, film, or record other members or coaches at a facility or in an online session without their consent, and you may not record or redistribute classes or programming without our written permission.

9.8 Conduct. Harassment, intimidation, or discrimination toward members or staff, in person or online, is prohibited and is grounds for suspension or termination.

You agree not to:

• use the Platform for any unlawful purpose or in violation of these Terms;

• copy, scrape, crawl, or harvest data from the Platform by automated means;

• reverse engineer, decompile, or attempt to extract the source code, models, scoring methods, or programming logic of the Platform;

• use the Platform or its content to build, train, or improve a competing product, service, or machine learning model;

• share, resell, or commercially use programs, assessments, reports, or other content provided to you;

• access another person's account or data, or impersonate any person;

• interfere with or circumvent security or access controls, or introduce malicious code; or

• overload, disrupt, or impair the Platform.

11.1 Ownership. The Platform and all content and materials in the Services, including software, text, graphics, video, training programs, exercise libraries, assessment protocols, scoring methods (including the prf score), and reports, are owned by proof3 or its licensors and protected by intellectual property laws. proof3® and related names, logos, and marks are trademarks of proof3 and may not be used without our written permission.

11.2 Limited license. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Platform and the content provided to you for your own non-commercial fitness use. All rights not expressly granted are reserved.

11.3 Your data. As between you and proof3, the personal fitness data you generate is handled as described in the Privacy Policy. We may create and use de-identified and aggregated data to operate and improve the Services.

11.4 Feedback. If you send us ideas or suggestions, you grant us a perpetual, irrevocable, royalty-free right to use them without restriction or compensation.

12.1 App license. The license in Section 11.2 covers installing and using the proof3 app on devices you own or control, as permitted by the applicable app store's usage rules. We may require updates for the app to keep working.

12.2 Connected devices and services. You may choose to connect third-party services and devices, such as Apple Health, Health Connect, and wearables. Those services are operated by third parties under their own terms and privacy policies. We are not responsible for their accuracy, availability, or practices.

12.3 Third-party links and providers. The Platform may link to or rely on third-party websites, scheduling tools, payment processors, and other providers. We do not control and are not responsible for third-party content or services.

12.4 App store terms. If you download the app from the Apple App Store or Google Play (each an "App Store Provider"), you acknowledge that:

• these Terms are between you and proof3 only, and not with the App Store Provider;

• the App Store Provider has no obligation to provide maintenance or support for the app;

• to the extent permitted by law, the App Store Provider has no warranty obligation for the app, and if the app fails to conform to an applicable warranty, your remedy from the App Store Provider is limited to a refund of any purchase price paid for the app;

• proof3, not the App Store Provider, is responsible for addressing claims relating to the app, including product liability, legal compliance, consumer protection, and intellectual property claims;

• you are not located in a country subject to a U.S. government embargo and are not on any U.S. government list of prohibited or restricted parties; and

• the App Store Provider and its subsidiaries are third-party beneficiaries of these Terms as they relate to the app and may enforce them against you.

12.5 App store listing. The proof3 apps may be listed in an app store under the developer account of an affiliate of proof3. That affiliate acts only as the account holder for distribution. proof3 Training Inc. is the owner and operator of the apps and the party to these Terms, and the account holder is a proof3 Party entitled to every protection in Sections 14 to 17.

12.6 In-facility technology. proof3 Technology used inside a facility, including class and coach applications, display screens, and camera-based movement assessment, is licensed to the Operating Affiliate by proof3 Training Inc. and remains proof3's property. You may not photograph, record, copy, or extract programming, scoring, or interface content from in-facility screens or devices, other than your own results for personal use.

13.1 Notice. If you believe material on the Platform infringes your copyright, send a written notice to our designated agent that includes: (a) your physical or electronic signature; (b) identification of the copyrighted work; (c) identification of the material claimed to be infringing and where it is located; (d) your name, address, telephone number, and email; (e) a statement that you have a good faith belief the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the notice is accurate and that you are authorized to act for the copyright owner.

13.2 Service of Process Designated agent.

Universal Registered Agents, Inc.
600 North Second Street, Suite 401
Harrisburg, PA 17101
Dauphin County

13.3 Counter-notice and repeat infringers. If your material was removed and you believe that was a mistake, you may send a counter-notice to the agent above that meets the requirements of 17 U.S.C. § 512(g)(3). We terminate the accounts of repeat infringers in appropriate circumstances. Knowingly making a false claim in a notice or counter-notice may expose you to liability for damages.

14.1 As is. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PLATFORM AND ALL CONTENT, PROGRAMS, SCORES, REPORTS, AND RECOMMENDATIONS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT.

14.2 No assurance of availability or outcome. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DATA WILL BE ACCURATE OR PRESERVED WITHOUT LOSS, OR THAT YOU WILL ACHIEVE ANY PARTICULAR FITNESS, HEALTH, OR BODY COMPOSITION RESULT.

14.3 Legal limits. Some jurisdictions do not allow certain warranty exclusions, so some of the above may not apply to you.

15.1 Protected parties. "proof3 Parties" means proof3 Training Inc., each Operating Affiliate, any entity listed as developer or seller of a proof3 app in an app store, their direct and indirect parents, subsidiaries, and affiliates, and the owners, shareholders, members, managers, officers, directors, employees, coaches, contractors, agents, licensors, successors, and assigns of each.

15.2 Excluded damages. TO THE FULLEST EXTENT PERMITTED BY LAW, NO proof3 PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, UNDER ANY LEGAL THEORY, EVEN IF ADVISED THAT SUCH DAMAGES ARE POSSIBLE.

15.3 Cap. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF ALL proof3 PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) US $100.

15.4 Each entity separately. Each proof3 Party is responsible only for its own obligations. proof3 Training Inc. is not responsible for in-person or coaching services provided by an Operating Affiliate, and no Operating Affiliate is responsible for the acts or obligations of another.

15.5 Relationship to the Waiver. Claims for bodily injury arising from physical participation are governed by the Waiver. This Section 15 applies in addition to the Waiver and does not narrow it.

15.6 Legal limits. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for gross negligence or intentional misconduct where the law does not permit it. These limits reflect an allocation of risk that is a basis of the bargain between you and us.

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless the proof3 Parties from and against third-party claims, and related liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees), arising out of: (a) your User Content; (b) your misuse of the Platform or violation of these Terms; (c) your violation of any law or of the rights of another person; or (d) your negligent or intentional conduct toward another member, guest, or staff member. We may assume control of the defense of any such claim at our own expense, and you agree to cooperate.

17.1 Informal resolution first. Before starting any legal proceeding, the party with a claim must send the other a written notice describing the claim and the relief sought. Notices to proof3 go to legal@proof3.com; notices to you go to the email on your account. The parties will try in good faith to resolve the claim for 30 days after the notice is received. Any limitations period is paused during those 30 days.

17.2 Governing law. These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Arizona, without regard to conflict of law rules.

17.3 Agreement to arbitrate. YOU AND proof3 AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES THAT IS NOT RESOLVED UNDER SECTION 17.1 WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND NOT IN COURT. YOU AND proof3 EACH WAIVE THE RIGHT TO A JURY TRIAL. This agreement to arbitrate covers claims against any proof3 Party, each of which may enforce it.

17.4 Rules and administrator. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, available at adr.org, before a single arbitrator. The Federal Arbitration Act governs the interpretation and enforcement of this Section 17. The arbitrator has exclusive authority to resolve any dispute about the scope, enforceability, or formation of this agreement to arbitrate, except that a court will decide the enforceability of Section 17.7.

17.5 Location and fees. Hearings will take place in Maricopa County, Arizona, in the county where you live, or by video or telephone, at your choice. Filing, administrative, and arbitrator fees are allocated under the AAA rules; proof3 will pay all such fees above the amount you would pay to file the claim in court, unless the arbitrator finds your claim frivolous.

17.6 Exceptions. Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court to protect intellectual property rights.

17.7 Class action waiver. YOU AND proof3 AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims. If this Section 17.7 is found unenforceable as to a particular claim or remedy, that claim or remedy will be severed and decided in court under Section 17.9, and the rest will proceed in arbitration.

17.8 Right to opt out. You may opt out of arbitration by emailing legal@proof3.com within 30 days after you first accept these Terms, stating your name, the email on your account, and that you opt out of arbitration. Opting out does not affect any other part of these Terms.

17.9 Court venue for non-arbitrated claims. Any claim that is not subject to arbitration must be brought exclusively in the state or federal courts located in Maricopa County, Arizona.

17.10 Changes. If we change this Section 17 after you accept these Terms, you may reject the change by emailing legal@proof3.com within 30 days of the change, in which case the prior version continues to apply to you. Any change to this Section 17 applies only to disputes that arise after the change takes effect.

17.11 Coordinated or mass arbitration. If 50 or more similar demands for arbitration are filed against any proof3 Party by or with the coordination of the same or jointly acting counsel, the AAA will administer the demands in batches of up to 50, with each batch assigned to a single arbitrator and the batches arbitrated concurrently, so the claims are resolved efficiently and without undue delay. An arbitrator's decision in one batch does not bind the claimants in any other batch, and every claimant keeps the right to notice of, and to be heard in, their own arbitration. This Section 17.11 does not create or permit any class, collective, or representative proceeding and does not limit Section 17.7. If this Section 17.11 is found unenforceable, it will be severed and the remaining provisions of this Section 17 will continue to apply.

18.1 By you. You may stop using the Platform at any time and may delete your account in the app. Cancelling a paid membership is governed by your Membership Agreement.

18.2 By us. We may suspend or terminate your access to the Platform, and an Operating Affiliate may suspend or terminate your access to its facility or services, for nonpayment, unsafe conduct, harassment, misuse of equipment or proprietary materials, violation of these Terms or facility rules, or other lawful reasons. Any refund is determined by your Membership Agreement and applicable law.

18.3 Survival. Sections 4.2, 4.8, 5, 9.3, 10, 11, and 13 through 20, and any amounts owed, survive termination.

We may update these Terms from time to time. We will post the updated Terms with a new "Last updated" date and, for material changes, give notice by email, in the app, or on the website before the change takes effect. Your continued use of the Services after the effective date means you accept the updated Terms. Changes do not apply to disputes that arose before the change, and changes to membership pricing or cancellation terms are made only as your Membership Agreement allows.

20.1 Entire agreement. These Terms, together with the documents listed in Section 1.4, are the entire agreement between you and proof3 regarding the Platform and supersede prior versions of these Terms.

20.2 Severability. If any provision is held unenforceable, it will be limited to the minimum extent necessary and the remaining provisions will stay in effect.

20.3 No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.

20.4 Assignment. You may not assign or transfer these Terms or your account. We may assign these Terms to an affiliate or in connection with a merger, sale, or reorganization.

20.5 Third-party beneficiaries. Each Operating Affiliate and each other proof3 Party is an intended third-party beneficiary of Sections 14 through 17 and may enforce them. Except as stated in this Section and Section 12.4, no other person has rights under these Terms.

20.6 No agency. These Terms do not create a partnership, joint venture, employment, or agency relationship between you and any proof3 Party, or between proof3 Training Inc. and any Operating Affiliate for purposes of liability to you.

20.7 Force majeure. No proof3 Party is liable for delay or failure caused by events beyond its reasonable control, including natural events, public health orders, utility or internet failures, and acts of government.

20.8 Notices. We may give notice by email to the address on your account, by in-app message, or by posting on the Platform. Legal notices to us must be sent to the address in Section 21.

20.9 Headings. Headings are for convenience only and do not affect interpretation.

20.10 Accessibility. We are committed to making the Platform accessible to people with disabilities and work toward conformance with recognized accessibility standards, including the Web Content Accessibility Guidelines (WCAG). If you have difficulty accessing any part of the Platform, contact us at legal@proof3.com and we will work with you to provide the information, service, or function you need through an accessible means.

20.11 Time to file claims. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES; OTHERWISE IT IS PERMANENTLY BARRED. This Section 20.11 does not apply to claims for bodily injury arising from physical participation, which are governed by the Waiver, and does not apply where a limitations period cannot be shortened by agreement under applicable law.

20.12 Export and sanctions compliance. You must use the Platform in compliance with all applicable U.S. export control and economic sanctions laws. You represent that you are not located in a country subject to a U.S. government embargo, and are not on any U.S. government list of prohibited or restricted parties, and you agree not to export, re-export, or use the Platform in violation of those laws.

proof3 Training Inc. legal@proof3.com

For questions about a membership at proof3 Salt River: saltriver@proof3.com, 9220 E Via de Ventura, Suite 121, Scottsdale, AZ 85258.

California users. Under California Civil Code § 1789.3, California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at https://www.dca.ca.gov/consumers/complaints/consumer.shtml. The provider of the Services is proof3 Training Inc. and the applicable Operating Affiliate, whose name and address appear above; any charges for the Services are disclosed at the time of purchase and at checkout.