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Terms of Service

Thank you for joining Fund Love’s health coaching program (“Program”).

The Program provides a range of wellness services delivered by Fund Love and/or its carefully selected providers (“Services”). You can access our Services through the client login page on our website and through our app.

When you use the Services, you are agreeing to these Terms of Service, so please read them carefully as they contain important information regarding your legal rights and obligations.

By directly or indirectly accessing or making use of the Services, and/or by clicking the acceptance button, you: (i) signify your agreement to be bound by the terms and conditions set out in this terms of service (including its Exhibit) and Fund Love’s privacy policy found at https://fund-love.org/legal incorporated herein by reference (collectively, the “Terms” or “Terms of Service”); and (ii) represent and warrant that you are older than 18 years of age and that you have, and at all times shall have, the necessary
power, capacity and authority to enter into, abide by, comply with and perform your obligations under the Terms of Service.

These Terms are effective (“Effective Date”) on the earlier of (a) the date you accept by clicking an “I Agree” button or otherwise indicate that you accept these Terms, or (b) the date you first access or use the Services.

These Terms apply to any use of the Services, whether in connection with a paid membership or a free trial.

Contact Fund Love: You may direct any questions, complaints or claims with respect to the general functionality and operation of the Services to Fund Love at communityhealth@fund-love.org.

Changes to these Terms: Fund Love reserves the right, at its sole discretion, to amend these Terms of Service at any time and without
notice, the most current version of which shall always be available at https://fund-love.org/legal.

You acknowledge and agree that the continued use of the Services by you, following any amendment of the Terms of Service, shall constitute your acceptance of such amended terms
and conditions. If you do not agree to any changes, you must stop using the Services, and you can terminate your account by emailing communityhealth@fund-love.org.

Cancellation Policy: Fund Love in its sole discretion reserves the right to assess a cancellation fee and/or terminate memberships if you provide Fund Love with inadequate notice to make your appointment slot available to others. Accordingly, Fund Love requires that members provide cancellation notice at least 24 hours
prior to individual appointments, visits, or sessions, and at least 24 hours prior to appointments for group classes and/or activities.

The Services

You acknowledge and agree that:

  1. Fund Love will make the Services to which you have subscribed available to you,subject to these Terms.
  2. Fund Love reserves the right to suspend any Services for any reason and will notify you of any such suspension of Services.
  3. Fund Love reserves the right to change, suspend or discontinue any of the Services at any time.
  4. Fund Love may from time to time, at its sole discretion, make ppdates available to you, but is under no obligation to do so;
    1. Updates may alter, amend or modify the Services, including without limitation, its nature, scope, features, functionality, operation and content, and you agree to such updates being made to the Services from time to time, at the sole discretion of Fund Love;
    2. Updates may require you to enter into new terms of service or, alternatively, shall be subject to all terms and conditions of the Terms of Service; and
    3. there may be occasions when the Services may be interrupted, including without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.

Third Party Services: The Services may provide you with access to services (including video content related services) provided by third parties (each a “Third Party Service“). Your access to and use of Third Party Services and the information, data and other content available through Third Party Services are subject to applicable third party service agreements or terms and conditions. Third Party Services are independent from Fund Love and the Services, and Fund Love does not endorse, and has no responsibility or liability for or control over, Third Party Services. Your use of Third Party Services and your dealings with the owners or operators of Third Party Services is at your own risk, and you will not make any claim against Fund Love arising from, connected with, or relating to your use of Third Party Services or your dealings with the owners or operators of Third Party Services.

Your Rights & Responsibilities

By accepting these terms and conditions you expressly acknowledge and understand that:

  • If you have an emergency, have an urgent health concern or need to obtain medical advice, you should refrain from using the services and the content and should immediately contact your physician or go to the nearest hospital;
  • The information contained within the services and the content is intended to be general in nature, nothing contained within the services or the content constitutes medical advice and you should not rely on anything contained within the services or the content as a substitute for appropriate and timely contact with your physician;
  • Fund love does not make any representations or warranties with respect to: (1) content forming part of or provided through the services, including without limitation work-out
    plans, exercise videos, and other similar content, whether or not provided by or on behalf of fund love and (2) trainers, including without limitation the quality or
    certification levels thereof, and that interactions with trainers through the services or otherwise is at your sole discretion and risk;
  • You should never change or stop any course of medical treatment without first consulting your physician; and
  • Participating in an exercise program or diet can cause injury, and you elect to do so entirely at your own risk.
  • Subject to your compliance with the terms and conditions of the Terms of Service, Fund Love hereby grants to you a revocable, personal, non-exclusive, non-sublicensable,non-assignable and non-transferable license to use the Services procured and/or purchased by you, or for you, exclusively in the manner set out in the Terms of Service.
  • All right, title, interest, ownership rights and intellectual property rights in and to the Services and the trademarks of Fund Love, are and shall remain the property of Fund
    Love and its licensors, as applicable.
  • Fund Love reserves all rights to the Services not expressly granted to you herein, and without limiting the generality of the foregoing, nothing in the Terms of Service grants
    to you, by implication, estoppel, or otherwise, any license or right to use the Services, any Content other than Your Content and/or Fund Love’s name, domain names, trademarks, logos, or other distinctive brand features, other than as expressly set out in the Terms of Service.

Accuracy of your account information:

  • You agree to provide Fund Love with complete and accurate account information, including your legal name, street address, e-mail address, bank account, and such other information as may be requested by Fund Love.
  • You may furthermore be asked to disclose your credit card details, payment processor account information and certain other information with respect to the payment of fees
    and charges and other financial transactions facilitated by the Services. If you provide credit card information, you represent that you are authorized to use the card and you authorize Fund Love to charge the card for all payments hereunder. By submitting payment information, you authorize Fund Love to provide that information to third parties for purposes of facilitating payment. You agree to verify any information requested by Fund Love for purposes of acknowledging or completing any payment.
  • You are responsible for the accuracy and timely updating of your account information, and you agree to promptly notify Fund Love in writing if any account information changes.
  • You agree that Fund Love has no responsibility or liability whatsoever for any loss or damages caused, either directly or indirectly, by inaccurate account information.
  • You represent and warrant that all information you provide to Fund Love through the Services, and otherwise, shall be true, accurate, current and complete, and you shall
    update such information as necessary to maintain its truth and accuracy.
  • You furthermore represent and warrant that at no point shall you impersonate any person or entity or misrepresent any affiliation of a person or entity

User IDs and Passwords: You acknowledge and agree that you shall: (i) maintain the security and confidentiality of your User IDs and Passwords;
(ii) use commercially reasonable efforts to prevent unauthorized access to, or use of, the Services (iii) notify Fund Love promptly of any unauthorized access to, or use of the Services; and (iv) not share your User ID or Password with any other person unless agreed to in writing by Fund Love.Fund Love may reject or require that you change any
user name or password under your account. User names and passwords are for your use only and may not be shared with any third party. You, and not Fund Love, are responsible for any use or misuse of user names or passwords associated with your account.

Fees and Payment

Subscription Fees: The current Subscription Fees can be found on our Website.

Payment of Fees to Fund Love:

  • You agree to pay the fees required for the Services you are getting through this Agreement and give us permission to process those payments. YOU ARE RESPONSIBLE FOR ALL
    SUBSCRIPTION FEES FOR THE ENTIRE SUBSCRIPTION TERM. All payment obligations under this Agreement are non-cancelable and all fees paid are non-refundable. Unless otherwise
    stated, fees must be paid in advance of each billing period.
  • Overdue Charges: You agree that there will be additional charges if your payment is late and we can suspend your account if
    payments are not made. Any amounts not received by the applicable due date may accrue late interest at the lesser of either (a) 1.5% of the outstanding balance per month, or
    (b) the maximum interest permitted by applicable law, whichever is less, plus costs of collection. Any amount not received by Fund Love within ten (10) days after the applicable due date will be deemed a material default under this Agreement, and Fund Love will be entitled to either suspend the Services or terminate the Agreement.
  • You shall be responsible for any and all currency conversion charges as well as sales, service, value-added, use, excise, consumption and any other taxes, duties and charges
    of any kind, if any, imposed by any federal, provincial or local governmental entity on any Fees other than any taxes imposed on, or with respect to, Fund Love’s income;
  • Notwithstanding termination of the Terms of Service, you shall not be entitled to a refund from Fund Love for any Fees or any pro rata portion of any Fees paid or payable
    to Fund Love pursuant to the Terms of Service: (A) in respect of any monthly billing cycle that had already commenced at the date of such termination, if you are subscribed
    to a monthly Plan; and (B) in respect of any annual billing cycle that had already commenced at the date of such termination, if you are subscribed to an annual Plan.
  • Notwithstanding any other term of the terms of service, fund love shall be entitled to amend the fee schedule from time to time, by giving thirty (30) days written notice of
    such amendment, which notice shall amend the fee schedule accordingly, and shall be binding on you, as of your next monthly or annual billing cycle, as applicable. If you agree to the terms of service as amended from time to time but do not agree to a specific amended fee schedule, you cannot use the services after the end of your current
    monthly or annual billing cycle, as applicable, and the terms of service must be terminated by you on or before the last day of your current monthly or annual billing cycle, as applicable; and
  • Fund Love may, from time to time in its sole discretion, offer Trial Plans, and that: (i) you shall comply with any and all additional terms, restrictions and/or limitations
    imposed by Fund Love on any such Trial Plan; and (ii) Fund Love may at any time and for any reason, without liability to you or any other person alter, amend, modify or cancel
    any aspect of such Trial Plans, including without limitation, the term, access rights, Fees, nature, scope, features, functionality, operation and Content associated therewith.

Payment Processing: Payment processing services for the Services are provided by payment processing services providers as Fund Love may choose from time to time (collectively referred to herein as the “Payment Processing Services Provider”). You hereby authorize Fund Love to share with the Payment Processing Services Provider the financial information, banking details, transaction information and account information provided by you and/or related to your use of the Services as is reasonably required for the provision of the payment processing features contemplated by the Services. You also agree that Fund Love is not responsible or liable for the use or misuse of such financial information, banking details, transaction information and account information by the Payment Processing Services Provider or any third party.

If a Payment Processing Services Provider is utilized to make or receive a payment in connection with your use of the Services, you should be aware that the terms and policies,
including privacy and data gathering practices, of the Payment Processing Services Provider apply to your dealings with the Payment Processing Services Provider. Your account and any activities related to providing your personal information will be governed by the Payment Processing Services Provider’s terms and conditions, and the information provided in relation thereto will be governed by the Payment Processing Services Provider’s privacy policy.

If you utilize the payment processing features of the Services, you shall not (i) submit what you believe or know to be a fraudulent charge, refund, dispute or other transaction (ii) use such payment processing features in a manner that is an abuse of or in violation of this Agreement, any terms or policies of the Payment Processing Services Provider, or applicable laws.

Data Protection and Use

Fund Love’s Privacy Policy explains how we collect and use information that’s submitted to the Services. By using the Services, you are indicating that you have also read the Privacy Policy and agree to its terms. https://fund-love.org/legal

Without limitation, you acknowledge and agree that Fund Love may process your data for the purpose of providing the Services and related functions, such as billing and support,
product or service improvement and reporting.

Data Usage and Charges: The Services may use information and data transmission networks operated by third-parties to send data, information and Content from a computer or device to Fund Love’s servers, and to serve data, information and Content back to such computer or device. Depending on your wired or wireless data or similar plan with such third-party operators, you may incur charges from such third-party operators for use of its information and data transmission networks. You are solely responsible for any and all costs, including without limitation wireless and cellular data costs, you may incur as a result of the usage of the Services and/or as a result of data, information and Content submitted or received by your computer or device through the Services.

Reviews, Opinions and Feedback: You acknowledge and agree that any ideas, suggestions, concepts, processes, techniques, enhancement requests, recommendations, test results, data, information and other output or feedback which you provide to Fund Love related to the Services, Fund Love or the Fund Love’s business, including without limitation in any user forums made available by Fund Love, and any and all metadata, anonymied data, raw data and other information reflecting the access or use of the Services by you, shall become Fund Love’s property without any compensation or other consideration payable to you, and you do so of your own free will and volition. Fund Love may or may not, in its sole discretion, use such information received from you, commercialize the information and/or incorporate the information in whatever form or derivative into the Services, its other products and services, or any future versions or derivatives of the foregoing. You shall and do hereby assign, and shall cause the assignment of, all rights on a worldwide basis in perpetuity to Fund Love in any and all such information and, as applicable, shall and do hereby waive, and shall cause the waiver of, all moral rights therein and thereto.

Term, Termination and Suspension

Unless otherwise stated, you agree to a 30-day Initial Term and a monthly automatic renewal.

You may terminate the terms of service at any time and for any reason by initiating and completing the account cancellation process set out hereinand discontinuing your use of the services.

Fund love may at its sole discretion at any time and for any reason, with or without notice: (i) ban any computer or device from accessing the services; (ii) prevent any person from accessing the services; (iii) terminate, modify, suspend or discontinue any usage plan, access id, terms of service or services; and/or (iv) remove any of your content.

Warranties & Disclaimers

  • The services are provided on an “as is” and “as available” basis and you acknowledge and agree that your use of the services and all content forming part of or related to the services, and any and all interactions between you and service providers through the services or otherwise, shall in all cases be at your sole
    discretion and risk.
  • To the fullest extent permitted by law, fund love and its officers, directors, employees, and agents, disclaim all warranties and conditions, express or implied or
    statutory, in connection with the services and your use thereof, including without limitation any implied warranties or conditions of merchantability, fitness for a particular purpose, accuracy, completeness, performance, hardware compatibility, quiet enjoyment, title and non-infringement. No advice or information, whether written or
    oral, obtained from fund love or its officers, directors, employees or agents or through the services shall create any warranty or condition not expressly stated in the terms of
    service.
  • Fund love makes no warranties or representations of any kind about the accuracy or completeness of any sites, applications, pages or services linked to or through the
    services. Fund love does not warrant, endorse, guarantee, or assume responsibility for, any product or service advertised or offered by a third-party through the services or
    any hyperlinked service or website featured in any user submission, banner, sponsor message or other advertising. Fund love shall not be a party to or in any way be responsible for monitoring any transaction between you and any other user of the services or any third-party providers of any product or service.

Limitations and Exclusions of Liability

  • In no event shall fund love and its officers, directors, employees, or agents directly or indirectly, be liable to you for any indirect, incidental, special, punitive or
    consequential damages or loss of revenue, income, profit, reputation, goodwill or customers whatsoever resulting from your use of or access to the services or any content, including without limitation resulting from any: (i) errors, mistakes, inaccuracies or omissions in the services; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the services or any content; (iii) unauthorized access to or use of fund love’s servers and/or any and all personal information or other information stored therein or thereon; (iv) interruption or cessation of transmission to or from the services; (v) termination of access to the services or removal of any content by fund love; (vi) bugs, viruses, trojan horses, or the like, which may be transmitted to or through the services by any third-party; or (vii) errors, mistakes, inaccuracies or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content, whether the foregoing is based on warranty, contract, tort, misrepresentation or any other legal theory, and whether or not the affected parties are aware or have been advised of the possibility of such damages.
  • Fund loveexpressly disclaims any and all liability and will not be responsible for any damages or loss caused, or alleged to be caused, by the transmission of cardholder data
    prior to its encryption and receipt by server(s) owned or controlled by fund love. The excluded damages will include, without limitation, damages resulting from fraud, embezzlement, theft, identity theft, or invasion of privacy.
  • The total aggregate liability of fund love for any and all claims related to the terms of service and/or use of, or access to, the services shall be limited to direct damages
    suffered by you, not to exceed the lesser of cad $100.00 and the amount actually received by fund love from you pursuant to the terms of service during the three (3) months immediately preceding the event giving rise to the claim. Any action commenced against fund love for any and all claims related to the terms of service, shall be
    brought within twelve (12) months after such cause of action shall have first arisen.
  • All foregoing limitations and exclusions of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Indemnification

You agree to defend, indemnify and hold harmless fund love and its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses,
liabilities, costs, debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of or access to the services; (ii) any third party use of, or access to, your user id or password; (iii) your violation of any term of the terms of service; (iv) your violation of any third-party right; (v) any claim that your content caused damage to a third-party; or (vii) any fraudulent transactions or charges submitted or permitted by you or on your behalf or in which you participate in connection with your use of the services, including any payment processing features thereof. This indemnification obligation shall survive the terms of service and your use of the services.

Miscellaneous

  • Governing Law: This Agreement will be governed by and interpreted in accordance with the internal laws of the State of New
    York without regard to conflicts of laws principles. The U.N. Convention on the International Sale of Goods will not apply.

    In the unlikely event we end up in a legal dispute, you agree we will first attempt to resolve it through this informal process.

  • Mandatory Informal Dispute Resolution: If you have any dispute with Fund Love arising out of or relating to this Agreement, you agree to notify Fund Love in writing with a brief, written description of the dispute and your contact information, and Fund Love will have thirty (30) days from the date of receipt within which to attempt resolve the dispute to your reasonable satisfaction.
  • Assignment: The Terms of Service, and any rights and licenses granted hereunder, may not be transferred, assigned or sold by you, but may be
    transferred, assigned and sold by Fund Love without restriction.
  • Entire Agreement: The Terms of Service constitutes the whole legal agreement between you and Fund Love and governs your use of the Services. If any
    provision of the Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Service, which shall remain in full force and effect. No waiver of any term of the Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Fund Love’s failure to assert any right or provision under the Terms of Service shall not constitute a waiver of such right or provision.