TERMS OF USE
IMPORTANT: THESE TERMS REQUIRE THE BINDING ARBITRATION OF DISPUTES AND WAIVE CERTAIN RIGHTS TO JURY TRIALS AND/OR CLASS ACTIONS, AS STATED IN THE "AGREEMENT TO ARBITRATE DISPUTES AND CHOICE OF LAW" PROVISION. PLEASE READ THESE TERMS CAREFULLY.
1. BINDING EFFECT. This is a binding agreement. By accessing and/or using the Internet site located at www.foundmyfitness.com (the "Site") or any services provided in connection with the Site (the "Service"), you agree to abide by these Terms of Use, as they may be amended by FoundMyFitness, LLC ("Company") from time to time in Company’s sole discretion. Company will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
2. PRIVACY POLICY/ACCOUNT REGISTRATION. Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company's current privacy policy can be found by clicking here. By accessing the Site and/or using the Service you are agreeing to the Company’s privacy policy, which is expressly incorporated into this Agreement by this reference. You understand that all your personal information will be stored in Company databases and will be processed in accordance with Company's current privacy policy.
2.1 When you open an account to use or access the Site or Service, you must complete the registration process whereby you agree to provide complete, true and accurate information requested on the registration form. If you provide any information that is untrue, inaccurate, or incomplete, or if Company has a reasonable ground to suspect that such information is untrue, inaccurate, or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). As part of the registration process you will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Company immediately of any unauthorized use of your account, user name, or password. Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your account or password. Without limiting the foregoing, you agree to defend, indemnify and hold harmless Company, its officers, directors, employees, contractors, and its affiliates against any liability, costs, or damages, including attorney fees, arising out of claims or suits by such third parties based upon or relating to any access and use of your account by anyone other than you.
3. USE OF SITE AND SERVICE / LIMITED LICENSE. You acknowledge and agree that the Site and Service contains content that is protected by copyright and/or other intellectual property rights that are owned by, or licensed to Company (collectively, “Content”). Provided you are not in breach of this Agreement, you are granted a limited license to use the Content for your personal, noncommercial, home use only. Company does not transfer either the title or the intellectual property rights to the Content. You may not sell, redistribute, or reproduce the Content or any portion of the Service, use of the Service, or access to the Site or Service, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Content in any form. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner. All rights not specifically granted to you herein are expressly reserved by Company.
3.1 You acknowledge that Company may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that any personal information and/or User Content (as defined below) will be retained by the Company, the maximum disk space that will be allotted on Company’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time.
3.2 You understand that information you learn from Company is not designed to independently diagnose, prevent, or treat any condition or disease or to ascertain the state of your health in the absence of medical and clinical information, but that the Service is intended for personal informational, and educational purposes only, and is in no way medical advice. Company hereby strongly recommends that you always seek the advice of your physician or other health care provider if you have questions or concerns regarding your health, including, without limitation, any information you receive from accessing or using the Site and/or Service. For the avoidance of doubt, by using the Service, you give permission to Company, its contractors, successors and assignees to perform the advertised services, including, without limitation, analyzing the information submitted by you, and you specifically request that Company disclose the results of such analyses to you and to any others you specifically authorize. You are guarantee that any genetic reports that you submit to the Site are your own; if you are agreeing to these Terms of Use on behalf of a person for whom you have legal authorization, you are confirming that the reports provided will be the report(s) of that person. You agree that any reports you may provide, and all resulting data may be transferred and/or processed outside the country in which you reside. You represent and warrant that you are not an insurance company or an employer attempting to obtain information about an insured person or an employee.
4. USER CONTENT. You grant Company a license to use the materials you post to the Site or Service. By posting, uploading, downloading, displaying, performing, transmitting, inputting, submitting, or otherwise distributing information, data, text, software, music, audio, photographs, graphics, video, messages, or other materials or content ("User Content") to the Site or Service, you are granting Company, its affiliates, sublicensees, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content. Notwithstanding the foregoing, Company cannot control any further distribution of your information that you share publicly on the Site. You acknowledge and agree that Company has no responsibility or liability for the deletion of or failure to store any content, including, without limitation, User Content maintained or transmitted by the Company and/or the Service; or for the loss of same due to malfunction or destruction of data servers or other catastrophic events.
5. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to post, upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, "Content") in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your account. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
6. INAPPROPRIATE CONTENT. You shall not make the following types of Content available. You agree not to post, upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, derogatory, obscene, pornographic, abusive, threatening, or offensive, such as slurs, epithets, or anything that might reasonably be construed as harassment or disparagement based on race, color, national origin, sex, sexual orientation, age, disability, religious or political beliefs, or other statutorily protected status; (b) you do not have a right to transmit under any law and/or violates the rights of Company and/or any third party; (c) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (d) advertises or otherwise solicits funds or is a solicitation for goods or services, including, without limitation, advertising, promotional materials, surveys, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (e) harms minors in any way; (f) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; and/or (g) creates a false identity for the purpose of misleading others. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws. You acknowledge that Company and its designees shall have the right in their sole discretion to pre-screen, review, filter, modify, refuse, or move any User Content that is available via the Site and Service. Without limiting the foregoing, Company and its designees shall have the right to remove any content that violates the Terms of Use or is deemed by Company, in its sole discretion, to be otherwise objectionable. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
7. COPYRIGHT INFRINGEMENT. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company's policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company's designated agent at:
FOUNDMYFITNESS DMCA AGENT
7850 Ivanhoe Avenue
La Jolla, California, 92037
Ph: 858-863-0900
Fax: 858-863-0902
legal@foundmyfitness.com
8. TERMINATION. Company reserves the right to terminate your use of the Service and/or the Site. To ensure that Company provides a high quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others, Company believes that it is required to terminate by law, Company is transitioning to no longer provide the Service to users in your geographic location, and/or the Service is no longer commercially viable. You acknowledge and agree that Company shall not be liable to you or any third party for any termination of your access to the Service and/or Site.
If you want to terminate your legal agreement with Company, you may do so by providing Company with written notice. Your notice should be emailed to team@foundmyfitness.com, or mailed to:
FOUNDMYFITNESS, LLC
P.O. Box # 99785
San Diego, California 92169
USA
9. NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE AND/OR SERVICE WILL MEET YOUR EXPECTATIONS, AND ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
10. LIMITED LIABILITY/ASSUMPTION OF RISK. COMPANY'S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
10.1 You acknowledge and agree that you assume all risk of your access and/or use of the Site and/or Service, including, without limitation, risks of damage and/or emotional distress arising from the downloading or obtaining any material offered through the Site and/or Service, as well as your submission of personal information and User Content.
11. AFFILIATED SITES. Company has no control over, and no liability for any third party websites or materials. Company may work with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such hyperlinked site or resource.
12. PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service and/or engaging in "framing," "mirroring," or otherwise simulating the appearance or function of the Site; (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service; (g) using manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site; (h) impersonating any person or entity, including, but not limited to, anyone affiliated with Company, or falsely stating or otherwise misrepresenting your affiliation with a person or entity; (i) using any information received through the Site and/or Service to attempt to identify other customers, to contact other customers, or for any forensic use; (j) violating any applicable local, state, national, or international law, or any regulations having the force of law. Any violation of system or network security may subject you to civil and/or criminal liability.
13. WAIVER OF PROPERTY RIGHTS: You understand that by providing any User Content to Company, you acquire no rights in any research or commercial products that may be developed by Company or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your User Content.
14. INDEMNITY. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site and your User Content, your violation of these Terms of Use, including, without limitation, your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and may provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
15. COPYRIGHT/TRADEMARKS. All contents of Site or Service are owned by or licensed to Company. All rights reserved.
16. DISPUTE RESOLUTION/AGREEMENT TO ARBITRATE/CHOICE OF LAW.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
WE BOTH AGREE TO ARBITRATE: You and Company agree to resolve any claims relating to these Terms of Use, including, without limitation, any claims relation the Site and/or Service through final and binding arbitration.
WHAT IS ARBITRATION? Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision this Section 16 found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms of Use shall be referred to and finally determined by confidential arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in these Terms of Use, the rules set forth in these Terms or Use will govern.
The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or Company must do the following:
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and, in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration shall be held in the United States in San Diego, California under California law without regard to its conflict of laws provisions. If traveling to San Diego, California is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights (including the arbitrability of any claim) and liabilities, if any, of you and Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these Terms of Use. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND WE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing us at legal@foundmyfitness.com and providing the requested information as follows: (1) your name; (2) the URL of these Terms of Use; (3) your address; (4) your phone number; (5) and a clear statement that you wish to opt out of this arbitration provision in these Terms of Use. This Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Use.
SMALL CLAIMS OPTION: You and Company agree that if a claim is within the jurisdiction of a small claims court, either party may choose to take the claim to that court instead of arbitration as follows: (a) The parties may take their claims to small claims court without first filing with the JAMS; (b) After a case is filed with JAMS, but before the arbitrator is formally appointed to the case by the JAMS, a party can send a written notice to the opposing party and the JAMS that it wants the case decided by a small claims court. After receiving this notice, the JAMS will administratively close the case; (c) After the arbitrator is appointed, if a party wants to take the case to small claims court and notifies the opposing party and the JAMS, it is up to the arbitrator to determine if the case should be decided in arbitration or if the arbitration case should be closed and the dispute decided in small claims court
CHOICE OF LAW/FORUM SELECTION: These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. In any circumstances where this Agreement to Arbitrate Disputes and Choice of Law permits the parties to litigate in court, you further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in the County of San Diego, California.
STATUTE OF LIMITATIONS: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms of Use, including without limitation, access and/or use of the Site and/or Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
17. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction or arbitrator finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
18. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
19. CALIFORNIA USE ONLY. The Site is controlled and operated by Company from its offices in the State of California. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as you or Company purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
20. MODIFICATIONS. Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
21. NOTICES. Notices to you may be made via either email or regular mail to the address(es) provided by you to Company. Company may also provide notices of changes to the Terms of Use or other matters by displaying notices or links to notices to you generally on the Site or through the Service.
All notices to Company, other than an Opt-Out Notice, shall be in writing and shall either be served by certified or registered mail (return receipt requested) or by international overnight delivery service, in each case with all charges prepaid to:
FOUNDMYFITNESS, LLC
P.O. Box # 99785
San Diego, California 92169
USA
Copies of all notices to Company shall be sent in the same manner to:
Harris & Kaen
Attorneys At Law
7850 Ivanhoe Avenue
La Jolla, California, 92037
Attn: James M. Kaen, Esq.
Any notices that you provide without compliance with this section on Notices shall have no legal effect.
22. MISCELLANEOUS. These Terms of Use and any policies or operating rules posted by us on the Site or in respect of the Service constitutes the entire agreement and understanding between you and Company and govern your use of the Site and Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms of Use). Any failure by Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the court or arbitrator (as applicable) should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You may not assign or delegate any rights or obligations under these Terms of Use. Any purported assignment and delegation shall be ineffective. Company may freely assign or delegate all rights and obligations under these Terms of Use, fully or partially without notice to you. Company may also substitute, by way of unilateral novation, effective upon notice to you, Company for any third party that assumes our rights and obligations under this Agreement. Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.