Terms & Conditions

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE ACCESSING ANY PRIVATE BRANDS PLATFORM.

Welcome to the PRIVATE BRANDS.

You are reviewing these Terms because you are using a PRIVATE BRANDS website, digital experience, social media platform, mobile application, wearable technology, or any of our other products or services, all of which comprise PRIVATE BRANDS’s Platform (“Platform”). You can access the Platform through a computer, mobile phone, tablet, gaming console, or other devices, which will collectively be referred to here as a “Device.” Standard rates and fees from your carrier may apply to your Device.

These Terms form a binding legal agreement between yourself and PRIVATE BRANDS as well as its affiliates (referred to here as “PRIVATE BRANDS,” “we,” “us,” or “our”) concerning your use of the Platform. Please consult our List of Local Entities for the name of the PRIVATE BRANDS entity responsible for providing the Platform to you, along with the relevant contact details. A few crucial points to note:

Our Terms May Change: Some jurisdictions do not permit unilateral changes to consumer agreements, thus this paragraph may not be applicable to you. We reserve the right to update these Terms periodically. In the event of a substantial change, we will post a notice on the Platform or send you a notification. Please review any modifications, and if you do not agree with them, discontinue your use of the Platform. Continuing to use our Platform after changes are communicated will signify your acceptance of the revised Terms, except where prohibited by applicable law.

Terms of Sale: When you make a purchase with us, you are also agreeing to the relevant Terms of Sale applicable in your country or region.

Privacy Policy: Our Privacy Policy details how personal information is collected and utilized on the Platform and is applicable to your use of the Platform.

Ground Rules

Eligibility: You may use the Platform only if you are of legal age in your country/region or possess consent from your parent or guardian. Certain age restrictions may apply to specific Platform services in different countries or regions.

Registration Rules: When you create an account with us, please adhere to the following rules:

• Be Accurate: Provide truthful and current registration details.
• Be Unique: Keep your registration information personal. Do not create more than one PRIVATE BRANDS account, register an account on behalf of someone else, or transfer your account to others.
• Be Secure: Protect your username, password, and other login credentials. Do not allow others to access your account.
• Be Responsible: Notify PRIVATE BRANDS immediately of any unauthorized access to your PRIVATE BRANDS account. You are accountable for any activities that occur through your PRIVATE BRANDS account—whether authorized or not. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PRIVATE BRANDS WILL NOT BE LIABLE FOR ANY LOSS OR ACTIVITY RESULTING FROM THE UNAUTHORIZED USE OF YOUR ACCOUNT.

Ownership of Content

Except for User Content (defined below), all materials available on our Platform—which includes text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork, and other content (“Content”)—is owned by PRIVATE BRANDS or licensed from third parties, and is safeguarded by copyright, trademark, patent, and other laws. PRIVATE BRANDS maintains all rights not expressly granted by these Terms.

All trademarks, service marks, and trade names (including, for example, the PRIVATE BRANDS name and the Swoosh design) are either owned, registered, or licensed by PRIVATE BRANDS. Accessing or using the Platform or Content does not confer any license or ownership rights to any trademarks, service marks, or trade names.

You agree not to remove or modify any ownership notices from materials downloaded or printed from the Platform.

If PRIVATE BRANDS permits the download or use of Content protected by copyright, PRIVATE BRANDS grants you a limited, personal, non-transferable, non-sublicensable, and revocable license to access and utilize such copyrighted or copyrightable works exclusively for their intended purpose and only for as long as PRIVATE BRANDS makes such Content broadly available. No ownership rights in the Content (including any trademarks or other intellectual property) are transferred to you, and such Content is intended strictly for personal, non-commercial purposes. PRIVATE BRANDS reserves the right to monitor your usage and to revoke this license or your access to the Content at any time and for any reason. PRIVATE BRANDS also reserves the right to remove any Content that violates these terms or

its intellectual property rights. Granting you this limited use does not waive any of PRIVATE BRANDS’s rights to the Content.

Outside of the specific usage rights granted to you in connection with the Platform, you agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works of, or in any way exploit any Content, including User Content (unless it is your own User Content that you legally post on the Platform), without prior written consent from PRIVATE BRANDS. Unauthorized use of the Content may constitute a breach of copyright, trademark, or other intellectual property laws and may expose you to criminal or civil liability.

Posting Content on the Platform

User Content License: Some areas of the Platform allow you to post photos, videos, comments, and other materials, referred to as “User Content.” PRIVATE BRANDS is not liable for User Content posted by others on the Platform. User Content remains your property or that of the creator, but by posting User Content you grant PRIVATE BRANDS a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use any User Content you post on or in connection with the Platform, including the likeness of any individuals appearing in the User Content, or any concepts or ideas contained in the User Content, for any purpose, including commercial uses. This grant includes the rights to translate, display, reproduce, modify, create derivative works, sublicense, distribute, and assign these rights. PRIVATE BRANDS may, at its sole discretion, remove any User Content at any time.

You understand that deleted User Content may persist in PRIVATE BRANDS’s systems and within the Platform if your User Content has been publicly posted or shared with others who have not deleted it, unless you or the relevant individual request the deletion or blocking of personal data in accordance with applicable law.

License to Use Comments, Feedback, and Ideas: You acknowledge that any comments, feedback, or ideas you provide to us are shared on a non-confidential basis, and you grant PRIVATE BRANDS a perpetual, worldwide license to utilize all comments, feedback, and ideas you submit to us, without notice, compensation, or acknowledgment to you, for any purposes, including but not limited to developing, producing, and marketing products and services, as well as creating, modifying, or enhancing products and services.

User Code of Conduct

We’re excited to have you contribute to the PRIVATE BRANDS community. Please follow these basic guidelines:

• Be Original: Only post User Content to the Platform if you possess all necessary permissions and rights to make that User Content available, including from individuals featured or mentioned in your User Content.
• Be Safe:
  • Do not undertake actions that could expose PRIVATE BRANDS or its users to any harm, including disrupting, damaging, disabling, tampering with, overburdening, or limiting the functionality of the Platform.
  • Do not post User Content that contains software viruses or any harmful programs, and do not circumvent or modify any Platform software or security technologies.
  • Avoid using any data mining, robots, scraping, or similar data gathering tools.
  • Unless specified otherwise, the Platform is a public space. Do not post personal information about yourself or anyone else on the Platform.
• Be Personal:
  • Do not post advertisements, solicitations, or commercial content on the Platform, nor accept payment from any third party in exchange for engaging in commercial activities on the Platform.
  • Do not collect or solicit personal information from other Platform users or send unsolicited messages.
  • Do not use automated means to interact with the Platform.
• Be Appropriate: Respect the community and refrain from posting User Content or links to websites that are illegal, misleading, malicious, harassing, inaccurate, discriminatory, or otherwise objectionable or inappropriate, or that violate any applicable laws. PRIVATE BRANDS reserves the right to pre-screen, monitor, or remove User Content but is not obligated to do so.
• Be Yourself: Do not impersonate any person or organization, including athletes or PRIVATE BRANDS employees.

Copyright Infringement

Before you file a notice with us, please consult your legal advisor as there may be penalties for false claims. PRIVATE BRANDS may terminate the accounts of Platform users found to infringe on third-party copyrights.

If you believe your work has been improperly copied to the Platform in a way that constitutes infringement, please provide us with the following information:

1. Your name, address, telephone number, email address, and an electronic or physical signature of the copyright owner or the person authorized to act on their behalf;
2. A description of the copyrighted work that you claim is being infringed;
3. A description of where on the Platform the infringing content is located;
4. A written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and5. A statement made by you, under penalty of perjury (subject to applicable law), that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

Partners on the Platform

From time to time, PRIVATE BRANDS may link to or collaborate with third-party websites, social media platforms, mobile apps, and other products and services (“Third Parties”). You may connect with these Third Parties through the Platform, but this does not imply that PRIVATE BRANDS endorses, monitors, or has any control over these Third Parties or their actions, which are governed by separate terms of use and privacy policies. It is essential to review any Third Party’s sites and their respective terms of use and privacy policy carefully. PRIVATE BRANDS is not responsible for the content, policies, or activities of Third Parties, and you engage with them at your own risk.

Important Disclaimers

Physical Activity: The Platform may feature components that promote physical activity, nutrition, or general wellness. These components are for informational purposes only and are not intended to serve as medical advice or services, or for diagnostics or treatments.

1. • Assess the risks involved and consult your medical professional prior to engaging in any physical activity.
   • Never disregard professional medical advice or delay seeking it due to information encountered on the Platform.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRIVATE BRANDS IS NOT RESPONSIBLE OR LIABLE FOR ANY INJURIES OR DAMAGES YOU MAY INCUR AS A RESULT OF YOUR USE OF, OR INABILITY TO USE, THE FEATURES ON THE PLATFORM.

User Interactions: To the extent permitted by applicable law, we are not accountable for your interactions with other users of the Platform or any harm you may sustain due to these interactions.

1. • Exercise caution and responsibility when engaging with other users (including those you do not know) on the Platform. Before meeting someone in person, consider investigating, bringing a friend, choosing public locations, and notifying someone about your whereabouts. PRIVATE BRANDS has no obligation to resolve any user disputes but may choose to do so at its discretion.

Warranty Disclaimer: Some jurisdictions do not allow for certain limitations or exclusions on liabilities, legal warranties, and remedies, so these exclusions/limitations may not apply to you.

The Platform, Content, and any materials or products available on the Platform are provided “AS IS.” We make no guarantees of any kind, including about the accuracy, adequacy, usefulness, reliability, or otherwise of the Platform. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRIVATE BRANDS IS NOT RESPONSIBLE OR LIABLE FOR ANY USER CONTENT POSTED ON THE PLATFORM.

PRIVATE BRANDS does not guarantee that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that the Platform is free of viruses or anything else harmful. To the fullest extent permitted by law, PRIVATE BRANDS disclaims all warranties, whether express or implied, regarding the Platform, Content, User Content, and any products or services you may access through the Platform, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.

You are solely responsible for any damage to your Device resulting from accessing the Platform to the extent applicable law does not provide otherwise. While we hope you enjoy and benefit fully from the Platform, we cannot guarantee any particular results.

Termination

PRIVATE BRANDS reserves the right to terminate or modify any aspect of the PRIVATE BRANDS Platform, member program, product, or service at any time without notice. PRIVATE BRANDS may suspend your account, remove your profile or any of your User Content, and restrict your access to all or any part of the Platform at any time and for any reason without liability to you, subject to applicable law.

You understand and agree that some of your User Content, particularly that which is displayed in an activity feed or in other public areas on the Platform, may continue to be visible publicly even after your account is terminated, subject to your right to have your User Content removed upon request in accordance with applicable law. These Terms will remain in effect even after your account is terminated or you have stopped utilizing the Platform.

Indemnification / Limitation of Liability

We want you to enjoy our Platform, but PRIVATE BRANDS must also protect itself from any damages you may cause.

Indemnification and Release: Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties, and remedies, so these exclusions/limitations may not apply to you. You agree to indemnify, defend, and hold harmless PRIVATE BRANDS, its affiliates, officers, directors, employees, agents, licensors, and suppliers (collectively referred to as the “PRIVATE BRANDS Parties”) from any claims, losses, liabilities, expenses, damages, and costs, including without limitation, attorneys’ fees, arising from or related to your User Content, your use of

Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any laws, or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors, and assigns, hereby fully and permanently release and discharge the PRIVATE BRANDS Parties from any and all claims or causes of action you may have for damages arising in any way from your use of the Platform.

Limitation of Liability: Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties, and remedies, so these exclusions/limitations may not apply to you. NONE OF THE PRIVATE BRANDS PARTIES SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE), OR ATTENDANCE AT A PRIVATE BRANDS EVENT OR PRIVATE BRANDS PARTNER EVENTS, OR ANY USER CONTENT OR ANY OTHER ACTIVITY RELATING TO THE USE OF THE PLATFORM, EVEN IF PRIVATE BRANDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST PRIVATE BRANDS FOR ANY DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR ANY CONTENT IS TO CEASE USING THE PLATFORM. IF PRIVATE BRANDS IS FOUND LIABLE TO YOU FOR ANY LOSS OR DAMAGE CONNECTED TO YOUR USE OF THE PLATFORM OR ANY CONTENT, PRIVATE BRANDS’S LIABILITY SHALL NOT EXCEED USD $100.00 OR EUR €100.00 IF YOU RESIDE IN EUROPE.

Disputes / Additional Terms

Choice of Law/Jurisdiction: You agree that this Platform is a passive platform based solely in Texas, USA, which does not establish personal jurisdiction over PRIVATE BRANDS in any jurisdiction other than Texas.

You agree that the Platform, Terms, Privacy Policy, and any disputes between you and PRIVATE BRANDS shall be governed in all respects by Texas law, without reference to its choice of law principles, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.

Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, you agree that all disputes, claims, and legal proceedings arising directly or indirectly from or related to the Platform (including but not limited to the purchase of PRIVATE BRANDS products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Dallas, Texas,USA

You consent to waive all defenses of “lack of personal jurisdiction” and “inconvenient forum” regarding the venue and jurisdiction in the state and federal courts of Dallas, Texas, USA.

All claims must be brought within one (1) year of the claim arising, except where a longer period is mandated by applicable law.

Electronic Communications: By utilizing the Platform, you agree to receive certain electronic communications from PRIVATE BRANDS, subject to applicable laws. You acknowledge that any notice, agreement, disclosure, or other communication sent to you electronically will satisfy any legal requirement that such communications be in writing.

Right to Assign, No Waivers, Severability: PRIVATE BRANDS may assign its rights and obligations under these Terms to any party at any time without notice to you unless notice is required by applicable law; however, this will not impact your rights or our obligations under these Terms.

PRIVATE BRANDS’s failure to insist upon or enforce strict performance of these Terms does not constitute a waiver of any of these Terms or the rights of PRIVATE BRANDS. Users should assume that these Terms apply at all times.

If any provision in these Terms is found to be invalid or unenforceable, the remaining provisions will continue to be enforceable.