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PRIVACY POLICY AND TERMS OF USE

SwingMove® owns and operates this website (the “Site”). SwingMove® and its subsidiaries are
referred to as “We,” “Us,” or “Our.” “You” or “Your” refers to any visitor to this Site. These
pages contain the Privacy Policy and Terms of Use (“Policy”) that govern Your use of this Site.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE
USING THIS SITE.

By accessing or using this Site, You signify Your agreement to be bound by the terms of this
Policy. If You do not agree to all of the terms and conditions of this Policy, do not use this site!
From time to time, We may revise this Policy. Any revisions will be effective when We post the
revised Policy on this Site. You should regularly review this Policy whenever You enter this
Site.

PRIVACY

The Information We Collect. When You use this Site, We may collect certain information from
You, including Personal Information and Non-Personal Information. This Policy applies only to
information collected or provided to Us through this Site and not to any information that We
collect or You provide us otherwise. Personal Information is information that individually
identifies You, such as Your name, address, email address or telephone number. If You do not
want Us to use Your Personal Information, You should not submit any Personal Information on
the Site. Non-Personal Information is information from which Your identity is not readily
identifiable and may include Your internet protocol (or “IP”) address, browser type, operating
system, any URLs or pages or content that You access while visiting the Site, and the date and
time of such access. Non-Personal Information is usually collected automatically through Your
Internet browser or through cookies.

Cookies. Our Site uses cookies. Your Internet browser can be set to reject cookies. Most
browsers offer instructions on how to reset the browser to reject cookies in the “Help” section of
the toolbar. If You disable cookies, certain of the functions and conveniences of this Site may not
work properly.

How We Use the Information We Collect. We may use the information You share with Us in the
following ways:

 administer Your account;
 provide You with access to particular tools and services;
 respond to Your inquiries and send You administrative communications;
 obtain Your feedback on Our sites and Our offerings;
 statistically analyze user behavior and activity;
 Provide You and people with similar demographic characteristics and interests with more
relevant content and advertisements;
 conduct research and measurement activities;

 send You personalized emails or secure electronic messages pertaining to Your health
interests, including news, announcements, reminders and opportunities from
SwingMove® or
 Send You relevant offers and informational materials on behalf of Our sponsors
pertaining to Your health interests.

We may combine Personal and Non-Personal Information We collect about You and We may
combine this information with information from other sources.

Google Analytics. Google Analytics is a web analysis service provided by Google that utilizes
cookies to monitor and provide Us with aggregate data about Site traffic. We may run reports
based on the data We collect and We may share the data with other Google services. Google may
use the data to personalize and customize the advertisements that are served to You from its
advertising network. The Site does not respond to Do Not Track Signals.

User Submissions and Testimonials. You may be provided an opportunity to submit content or
feedback, including testimonials (“Your Input”) to Us via this Site. Your Input may be publicly
shared; do not provide Us with Your Input if You consider it confidential or do not want that
information shared publicly. We may retain Your Input. By submitting Your Input to Us You (a)
grant Us all right, title and interest, including all intellectual property rights, in and to Your
Input; (b) certify that any person pictured in the Your Input (or, if a minor, his/her parent/legal
guardian) authorizes SwingMove® to use, copy, print, display, reproduce, modify, publish, post,
transmit and distribute any material included with Your Input; and (c) You agree to indemnify
SwingMove® and its affiliates, directors, officers and employees and hold them harmless from
any and all claims and expenses, including attorneys’ fees, arising from the media and/or Your
failure to comply with these the terms described in this Policy. In addition, this Site includes
opportunities to publicly comment through third party social media services, i.e. Twitter,
LinkedIn, Instagram or Facebook. If You provide information in connection with these services,
Your username may be required and may be made publicly available.

Who We share the information with. We may share or transfer information We collect on this
Site with other companies or businesses that We acquire, are acquired by, merge or partner with.
In the event of any of these transactions, information collected through this Site may be among
the assets that are shared or transferred. In the course of doing business, We may contract with
third parties to support our activities and We may provide them limited access to Your
information as they provide Us with support and assistance with technology, services (including
without limitation payment and other financial services), data analysis, research, advertising and
marketing assistance and/or content in connection with our business and operation and
maintenance of this Site, including maintaining and managing Our end-user information. We
may also determine We need to share Your information with law enforcement to (a) protect the
personal safety or property of Our users or the public; (b) comply with the law or with legal
process; (c) protect against misuse or unauthorized use of the Site; or (d) protect and defend Our
rights and property. We may also share or transfer information We collect on this Site to Your
health plan and/or employer.

Third Party Privacy Practices. We may permit third parties to offer You subscription or
registration-based services through this Site. This Site may contain links to websites owned by
third parties and contain third party advertisements. Such third party sites and advertisements
may express opinions, recommendations, or contain other information (“Third Party Content”).
We do not endorse, guarantee or make any representations or warranties regarding Third Party
Content, including without limitation, that the Third Party Content is accurate. Your use of third
party sites and Third Party Content may be governed by such third party’s terms of use or
policies. Please review any third party privacy policies before providing Your information on
any third party site. We are not liable for or responsible for Your use of third party sites or Third
Party Content.

Encryption Technology. This Site incorporates safeguards to protect the security, integrity and
privacy of the information We collect, including Secure Socket Layer encryption technology and
MD5 encryption algorithm to store passwords. Encryption technology, however, does not
absolutely guarantee the privacy of user information disclosed to this Site.
Security. While We pride ourselves on applying reasonable steps to protect information that You
disclose to Us on this Site, We don’t guarantee the security of information You give to Us
through this Site. We aren’t perfect and security measures We apply could be penetrated and
Your information may then be subject to unauthorized or accidental access, disclosure, misuse or
processing, altered, destroyed or lost.

Retention of Information. If You provide information through this Site, it becomes a part of Our
database and We cannot promise You that We will delete it from Our database, even if You ask
Us to. You can correct, update or review Personal Information You have previously submitted by
going back to the specific tool or application, logging-in and making the desired change.
Minors. Our Site is not designed to attract users under 13 years old. If We learn that We have
actually collected the personal information of anyone 13 years old or younger without parental
consent, We will take the appropriate steps to delete that information.

TERMS OF USE

SwingMove® is not a health plan or health insurance company. SwingMove® is not a health
plan or a health insurance company. We do provide our services to health plans and to employers
who in turn make our services available to their eligible members and employees. If you have a
question about your health benefits or medical benefits, call your health plan or employer for
assistance.

This Site does not provide medical advice. SwingMove® is not a health care provider. We don’t
offer health care services through Our products or programs. We do provide information that We
believe is designed to be useful to enhance vitality and to encourage healthy habits and
behaviors. None of the information on this Site, Our programs or Our products is intended to be
a substitute for professional medical advice. If You have any question at all about a medical
condition, medicine, or prescription, contact Your physician or health care provider. Please don’t
rely on any of the information on this Site or any of Our programs or products to determine a

medical diagnosis or treatment. And, don’t delay seeking medical advice for any condition You
have or suspect You have. IN AN EMERGENCY, CALL 911 OR YOUR LOCAL
EMERGENCY ASSISTANCE NUMBER.

Exercise Programs. Some of the services SwingMove® offers include exercise or activity
programs. If You are engaged in any of those programs, You should always consult with a
physician before You begin any exercise activity or program because any exercise activity
involves a risk of injury. Although through Our programs We promote safe and effective
methods of fitness training and activities, We can’t guarantee prevention of injuries. If You are
unfamiliar with the equipment You intend to use or the exercise You intend to perform, please
ask for advice and assistance first. Stop exercising if you experience headaches, dizziness,
shortness of breath, or discomfort and immediately consult your physician or other health care
provider.

Intellectual Property. We own all right, title and interest in and to the Site and its content
including but not limited to text, graphics, images and software (“Content”), including all
intellectual property rights. We expressly reserve all rights to the Content. Any right You have to
use of the Content is specifically and expressly detailed in this Section and Your access to or use
of the Content does not give You any right, title, or interest in or to the Content. You may not
modify or use any Content for any purpose other than as expressly permitted herein or on the
Site.

As long as You comply with this Policy, You can download and print a small number of copies
of the Content on this Site solely for Your personal, noncommercial use. You must keep intact
all copyright and other proprietary notices that appear on that Content. You may not copy,
modify, distribute, transmit, display, reproduce, publish, license, create derivative works from,
link to or frame in another website, use on any other website, or transfer or sell the Site or its
Content without Our prior written permission. This prohibition expressly includes, but is not
limited to, the practices of “screen scraping” and “data mining.” You are prohibited from using
the Content for any public or commercial purpose. You may not reverse engineer, disassemble,
decompile, or otherwise attempt to derive source code from the Site or its Content.
Trademarks. All trademarks and service marks (“Trademarks”) used on this Site belong to Us or
Our licensor(s) as proprietary Trademarks. Nothing in or on the Site grants to You, by
implication, estoppel, or otherwise, any license or right in or to the Trademarks without Our
express written permission or the written permission of the applicable third party, which
permission may be withheld at Our sole discretion or at the sole discretion of the third party.
Digital Millennium Copyright Act. In accordance with the Digital Millennium Copyright Act
(“DMCA”) http://lcweb.loc.gov/copyright/, We have designated an agent to receive notifications
of alleged copyright infringement associated with the Site. We will use commercially reasonable
efforts to investigate any alleged infringement and take appropriate action in accordance with the
DMCA. If You believe that a copyrighted work is being infringed by the Content, please notify
Our copyright agent at trademarks@tivityhealth.com or to Our address for notices at the end of
this Policy. In Your notice of alleged copyright infringement, include the following:

 A physical or electronic signature of a person authorized to act on behalf of the owner of
the copyright interest that is claimed to have been infringed;
 Identification of the copyrighted work alleged to have been infringed;
 A description of the material that is claimed to be infringing and information sufficient to
locate the material on the Site;
 Information sufficient to contact the complaining party, such as a physical address,
telephone number, and, if available, an email address;
 A statement that the complaining party has a good faith belief that the use of the material
in the manner complained of is not authorized by the copyright owner, its agent, or the
law; and
 A statement that the information in the notification is accurate and, under penalty of
perjury, that the complaining party is authorized to act on the copyright owner’s behalf.
Your Use of the Site. You are responsible for Your activity on the Site and for any content You
submit to the Site. Any fraudulent, abusive, or other illegal activity may result in termination of
Your account at Our sole discretion. We may refer Your conduct to appropriate law enforcement
agencies. You agree that You will not allow any other person or entity to use Your access
credentials to access the Site or take any other action that interferes with other parties’ use of the
Site.

DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY.
Disclaimer of Warranties. THIS SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND
“WITH ALL FAULTS.” We do not make any representations or warranties with respect to the
Site or its Contents and to the fullest extent permitted by law disclaim all warranties, express or
implied, including without limitation, warranties of merchantability, completeness, timeliness,
correctness, non-infringement, and fitness for a particular purpose, use or application.
Limitation of Liability. By using this Site You agree that You are voluntarily and unequivocally
waiving any potential claim against Us for liability to You. We are not liable for damage or
injury to persons or property arising from any use of any product, information, idea, or
instruction on the Site or contained in the other materials provided to You. SPECIFICALLY,
WE ARE NOT LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, DEMANDS OR
CAUSES OF ACTION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, AS A RESULT OF YOUR USE OF
THIS SITE OR ITS CONTENT.

Limitation on Actions. Notwithstanding any statute of limitations or other law to the contrary,
any claim or cause of action arising out of Your use of this Site or its Content must be filed
within one (1) year after such claim or cause of action arose or it shall forever be barred. Our
failure to enforce or exercise any provision of this Policy or any other right related to the Site or
its Content, within one (1) year shall not constitute a waiver of that right or provision.
Indemnification. You will indemnify, defend and hold Us harmless against any claims or causes
of action brought by third parties, including but not limited to, in connection with Your
negligence or willful misconduct; Your breach of this Policy; Your violation of any federal, state

or local laws, rules or regulations including those governing privacy, security or data protection;
or Your use of the Site or its Content that infringes any intellectual property or proprietary rights.
Dispute Resolution. Any dispute arising out of or related to Your use of or access to this Site
shall be resolved exclusively by confidential binding arbitration except We may seek injunctive
or other appropriate relief to the extent We believe You have violated or threatened to violate
Our intellectual property rights. The arbitration shall be conducted by one neutral arbitrator in
Nashville, Tennessee under American Arbitration Association rules then in effect. No claims of
any other parties may be joined or otherwise combined in the arbitration proceeding. Each party
shall bear its own attorneys’ fees without regard to which party prevails. The arbitrator’s
decision will be final and binding. The award of the arbitrator may be enforced in any court of
competent jurisdiction. Each party consents to (i) the non-exclusive jurisdiction of the courts of
the State of Tennessee or to any federal court located within the State of Tennessee for any
action (1) to compel arbitration, (2) to enforce any award of the arbitrator, or (3) service of
process in any such action by registered mail or any other means provided by law. EACH OF
YOU AND WE EXPRESSLY WAIVES ANY RIGHT TO A BENCH TRIAL, JURY TRIAL
AND TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR
REPRESENTATIVE PROCEEDING.

General Terms

Governing Law and Venue. This Policy and all other matters arising from Your use of this Site or
its Content shall be governed by the laws of the State of Tennessee. Should binding arbitration
be deemed invalid or otherwise unenforceable for any reason, the Dispute Resolution provision
of this Policy shall be severed, and the parties expressly consent to and agree that the exclusive
jurisdiction of and venue for any claims will be in state or federal courts in Dallas, Texas.
Severability. If any part of this Policy is held by a court of competent jurisdiction to be invalid or
unenforceable, that part will be enforced to the maximum extent permitted by law and the
remainder of this Policy will remain fully in force.

Notices. Any notice to Us shall be given in writing and sent by certified and registered mail
to:11520 North Central Expressway, Suite 162, Dallas, TX, 75243, Attn: General Counsel.

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