EXTRAMILE Privacy Policy

July 2013

At EXTRAMILE we know that our success relies on a relationship of trust with our users, and therefore are dedicated to ensuring that trust with privacy. This Privacy Policy ("Policy") sets forth how mPowerHealth Solutions LLC, and/or its subsidiaries or affiliated companies (collectively, "EXTRAMILE," "we," "us," and "our") protect a User's' privacy when he or she uses any of the EXTRAMILE website, EXTRAMILE mobile applications, or other products, services, and/or websites offered by EXTRAMILE.

1. General Scope And Import Of Privacy Policy

This Policy explicitly applies to any customer, user, or other person (the "User," "Users," or "You") who employ or access the EXTRAMILE mobile applications (the "Mobile Applications"), the EXTRAMILE affiliated website-www.GoTheMile.com ("the EXTRAMILE website" or "GoTheMile.com"), or any other EXTRAMILE products, services, features, User-generated and other EXTRAMILE generated content and interactive and informational resources or promotional offers (all of the aforementioned are collectively, the "Services"). In addition, this Policy directly applies only to the personal information and location information (as both terms are defined below) that a User discloses or transmits to EXTRAMILE via the EXTRAMILE website or the Mobile Applications, or that is collected by EXTRAMILE in the course of the provision of the Services.

2. User Consent To The Privacy Policy

By using an EXTRAMILE website that displays this Policy, a User expressly agrees to the collection, use, and disclosure of certain personal information and location information as set forth in this Policy. If a User does not consent to the collection, use, and disclosure of his or her personal information or location information as described in this Policy, he or she is not permitted to use the site.

3. Incorporation

This Policy is incorporated into and is subject to the EXTRAMILE Terms and Conditions of Use. A User's use of the Services and his or her provision of any personal information or location information to EXTRAMILE are subject to the terms of this Policy and the Terms and Conditions of Use. If a User has any questions about this Policy, he or she may contact us via our website.

4. Information We Collect And How We Use It

In order for a User to gain means of access to and use our full range of Services, he or she may be required to provide the following types of information:

Personal information a User provides when a User signs up for an EXTRAMILE Account or other EXTRAMILE Services that require registration, we ask him or her to submit select personal information. Personal information is any information that identifies a User personally, either alone or in combination with other information available to us. Personal information may therefore include, but is not limited to:

  • A User's name, email address date of birth, and /or account password;
  • The phone number assigned to a User's mobile device along with other pertinent information concerning said device, including the name of the applicable wireless carrier/provider,
  • Certain data concerning a User's wellness and physical characteristics; and
  • Any content a User posts to the EXTRAMILE website, as defined in the EXTRAMILE Terms and Conditions of Use
  • A User's frequent flier account numbers.

Financial information a User provides for certain Services, EXTRAMILE requests a User furnish certain financial information, including but not limited to, a credit card or other payment account information that we maintain in encrypted form on secure servers. Any such financial information furnished by a User expressly falls within this Policy's definition of personal information. Moreover, that personal financial information is not accessible to any third parties except those specified by the User.

Location information a User provides some of the Services feature may include various location-based components. To provide these location-based features, EXTRAMILE and our partners and licensees may collect, use and share a User's precise location information, including the real-time geographic location of a User's mobile device. For some third-party partners, such as Google, this location information will be shared automatically. For others, such as Facebook, this information will only be shared with a User's explicit permission or if you choose to share it.. Location information includes, but is not limited to, any information we derive in order to identify a User's geographic position. This information may be collected from a User's wireless carrier, certain third party service providers, or directly from the mobile device that the User previously registered for use with EXTRAMILE . The collection and tracking of a User's location information may occur even when the EXTRAMILE mobile phone application is not actively open and running. A User's location information, however, is only displayed and shared in accordance with his or her established privacy settings. We may combine the personal information and/or the location information that a User submits under his or her account with information from other Services or third parties in order to provide that User with an enhanced experience and/or to improve the overall quality of the Services. For certain Services, we may give a User an opportunity to opt out of the combination of such information.

Other information a User provides when a User employs the Services, EXTRAMILE may receive certain personally non-identifiable information about the User's use of the Services. Such information, which may be collected passively using various technologies, or via submission of data by fitness devices the User may have configured to work with the Services, cannot presently be used to specifically identify the User. EXTRAMILE may store such information ourselves or it may be included in databases owned and maintained by our affiliates, agents or service providers. EXTRAMILE may use such information and pool it with other information to track, for example, the total number of visitors to the Services, the number of visitors to each page of the Services, and the domain names of our visitors' Internet service providers. No personal information is available or used in this process.

5. Aggregated Information

To better serve Users and improve the Services, EXTRAMILE may conduct research on User demographics, interests and behavior based on the personal information and other information provided to EXTRAMILE or its business partners. This research may be compiled and analyzed on an aggregate basis, and we may share this aggregated information with our affiliates, agents, business partners, and customers. This aggregate information does not identify a User personally. EXTRAMILE may also disclose aggregated information in order to describe our services to current and prospective business partners and customers, and to other third parties for other lawful purposes.

6. Cookies

When a User visits GoTheMile.com, we may send one or more cookies-small text files that contain a string of characters-to a User's computer that uniquely identify his or her browser. Cookies do not identify a User personally, but these files are linked with other information that could personally identify a User. More importantly, cookies permit EXTRAMILE to offer a User more personalized Services and online experiences. In addition, we use cookies to improve the quality of The Services by storing User preferences and tracking User trends, such as how people search. Most browsers are initially set up to accept cookies, but a User can reset his or her browser to reject all cookies or to provide an alert when a cookie is being sent. Some EXTRAMILE features and Services, however, may not function properly if a User has disabled cookies.

7. EXTRAMILE Privacy Settings and Online Disclosures

EXTRAMILE provides its Users with a default privacy setting for their accounts. This privacy setting puts each User in control of who can view a User's online disclosures, including certain Users personal information. The privacy setting limits access to a User's online disclosures. Only certain personal information that a User discloses and/or transmits to EXTRAMILE via the EXTRAMILE Website and/or the Mobile Applications—specifically, EXTRAMILE user name, any profile picture or associated with an EXTRAMILE User, and current EXTRAMILE Points and lifetime EXTRAMILE Points—under the default privacy setting, is disclosed or accessible to the general public. All other personal information that a User discloses and/or transmits to EXTRAMILE —specifically, EXTRAMILE user name, first name and first initial of the last name, any profile picture or associated with an EXTRAMILE User, current EXTRAMILE Points and lifetime EXTRAMILE Points, and workout data—is only disclosed to and accessible by only those persons who that User has previously designated as "Friends" and EXTRAMILE. To permit the general public or any third parties, including other Users, to view a User's online disclosures, a User must actively and specifically connect with and share with friends via the methods offered by EXTRAMILE. Further, a User should be aware that certain personal information or location information that he or she voluntarily discloses online by means of his or her employment of Services that require a "Public" privacy setting with EXTRAMILE third party partners may become publicly available and could be read, collected, and/or used by third parties, including other Users, in ways unknown to EXTRAMILE. EXTRAMILE is not responsible for any such use of a User's personal information or location information by any third party. EXTRAMILE therefore recommends that a User actively manage his or her privacy settings on an ongoing basis, so that he or she can effectively guard against the unauthorized use or abuse of his or her personal information or location information by others. PLEASE NOTE: Some workouts in compatible apps and devices may need to be set to public in order to earn points. However, your EXTRAMILE privacy will remain at your discretion.

8. Log File Information

When a User accesses or uses the Services, our servers automatically record information from that User's mobile device and web browser. These server logs may include, but are not limited to, information such as a User's web requests, Internet Protocol address, browser type, browser language, the date and time of that User's request, referring/exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, cookies that may uniquely identify a User's browser, and elements employed in the Mobile Applications.

9. User Communications

When a User sends an email or other communication to EXTRAMILE, we may retain those communications in order to process that User's inquiry, respond to his or her request, and improve the Services.

10. Affiliated Sites

We offer some of the Services in connection with other Partners. Personal information that a User provides to a Partner or its affiliated website may be sent to EXTRAMILE in order to deliver the Services. We process such information in accordance with this Privacy Policy. Partners and their affiliated websites may have different privacy policies governing User personal information and we encourage Users to review such privacy policies.

11. Links

EXTRAMILE may present links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of our search technology, customized content, and advertising.

12. Other sites

This Privacy Policy applies to any affiliated websites and the Services that are owned and operated by EXTRAMILE. We do not exercise control over the third party websites displayed as search results or links from within our various Services. These other third party websites may place their own cookies or other files on a User's computer, collect data, or solicit personal information from a User. The links from the Services do not imply our review or endorsement of the third party websites. We encourage Users to contact those third party websites directly for information concerning their privacy practices.

13. Use Of Personal Information And Location Information

EXTRAMILE only processes and uses personal information for the purposes described in this Privacy Policy and/or any specific privacy notices set forth for select Services. In addition to the above, such purposes include:

  1. Operating, maintaining, and providing Users all of the features of the Services, including the display of customized content and advertising;
  2. Providing the basic functionality of the Mobile Applications;
  3. Employing "reverse geo-coding" and a User's IP address, or saved location information to provide Users with specialized event content;
  4. Establishing contact with Users to deliver special offers, promotions or other information;
  5. Auditing, research and analysis in order to maintain, protect and enhance the Services;
  6. Ensuring the functionality and usability of the EXTRAMILE website and Mobile Applications;
  7. Installing and monitoring elements for security, credit or fraud prevention purposes;
  8. Creating User profiles that permit us to better understand what information a given User might like to receive from us;
  9. Providing Users with information and notices related to EXTRAMILE;
  10. Inviting Users to participate in surveys conducted by EXTRAMILE or its affiliates;
  11. Developing new products and services; and
  12. Improving our marketing and promotional efforts.

EXTRAMILE does not use a User's personal information or location information to send commercial or marketing SMS messages or email messages to a User without a User's express consent, or unless a User has previously opted in to receive such messages. If you wish to opt-out of receiving promotional emails, please click the "unsubscribe" link at the bottom of the email. Please be aware that you will always receive certain emails from us related to the proper functioning of your EXTRAMILE account.

14. Choices For Personal Information

When a User signs up for a particular Service that requires registration, we may ask that User provide certain personal information or location information. If we use this personal information in a manner different than the purpose for which it was collected, then we will ask the User for his or her specific consent prior to such use. If we propose to use personal information for any purposes other than those described in this Policy and/or in the specific service notices, we will offer a User an effective way to opt out of such use of personal information for such identified other purposes. We will not collect or use sensitive information for purposes other than those described in this Policy and/or in the specific service notices, unless we have obtained a User's prior consent. In addition, a User may decline to submit personal information or location information to any of the Services; consequently, however, EXTRAMILE may not be able to provide certain Services to the User, absent the provision of such personal information or location information.

15. Service Providers

EXTRAMILE may share personal information collected with companies and/or organizations that perform certain support or business related services for us, including, but not limited to, data storage, web hosting, and User payment processing.

16. Additional Sharing Of User Personal Information

EXTRAMILE only shares personal information with other companies or individuals outside of EXTRAMILE in the following limited circumstances:

  • We have a User's consent. We require opt-in consent for the sharing of any sensitive personal information.
  • We provide such information to our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information on our behalf. We require that these third parties agree to process such information based on our instructions and in compliance with this Policy and any other appropriate confidentiality and security measures. These third party service providers will only employ User personal information to perform the services requested by us.
  • We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce our applicable Terms and Conditions of Use, including investigation of potential violations thereof, (c) investigate and defend ourselves against third-party claims or allegations; (d) detect, prevent, or otherwise address fraud; (e) protect and safeguard the integrity and security of the Services; (f) resolve any technical issues, or (f) protect against imminent harm to the rights, property or safety of EXTRAMILE, its users or the public as required or permitted by law.

17. Business Transfers And Sharing of Personal Information

Personal information submitted to EXTRAMILE will become part of our normal records. If EXTRAMILE becomes involved in a merger, acquisition, or any form of sale of any or all of its assets, we will provide notice before User personal information is transferred and becomes subject to a different privacy policy. In the negotiation of any potential merger, acquisition, or sale of EXTRAMILE, EXTRAMILE may share with third parties certain pieces of aggregated, non-personal information. Such information does not identify a User individually. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how User personal information is treated, transferred, or used. Upon any such change in ownership or control User personal information, however, will be notified via electronic notice via the Services. Please contact us for any additional questions about the management or use of personal information or location information.

18. EXTRAMILE Consent Protocol

EXTRAMILE processes personal information on our servers in the United States of America and in other countries. In some cases, we process personal information on a server outside of a given User's country. In addition, we may process some personal information to provide our own Services, and/or on behalf of and according to the instructions of a third party, such as our advertising partners. A User can find more information about how we process personal information by referring to the privacy notices for particular Services.

19. Exclusions

This Privacy Policy shall not apply to any unsolicited information a User provides to EXTRAMILE. This type of information includes, but is not limited to, information posted to any public areas of the EXTRAMILE website, such as community forums (collectively, "Public Areas"), any ideas for new products or modifications to existing services, and other unsolicited submissions (collectively, "Unsolicited Information"), including all User Content, as that term is defined in our Terms and Conditions of Use, that by its nature is accessible or intended to be accessible to other Users of the Services. All such Unsolicited Information shall be deemed to be non-confidential and we shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.

20. Information Security

EXTRAMILE takes appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of the personal information and location information transmitted or disclosed to EXTRAMILE. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where User data is collected, stored, and/or maintained. No Internet or e-mail transmission, however, is ever fully secure or error free. EXTRAMILE therefore, cannot warrant or ensure the security of any personal information and location information that we receive on behalf of Users in order to permit them to access the Services, or any other information that a User transmits or discloses to us. We also cannot guarantee that any such information will not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. Therefore, a User should take special care in deciding what information is transmitted or disclosed to EXTRAMILE. We restrict access to personal information and location information to EXTRAMILE employees, contractors and agents who need to know that information in order to operate, develop, or improve GoTheMile.com or the Services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

21. Data Integrity

EXTRAMILE processes User personal information only for the purposes for which it was collected and in accordance with this Policy or any applicable service-specific privacy notice. We review our data collection, storage, and processing practices to ensure that we only collect, store and process the personal information needed to provide or improve the Services. We take reasonable steps to ensure that the personal information we process is accurate, complete, and current, but we depend on our Users to update or correct their personal information whenever necessary.

22. Accessing And Updating Personal Information

When a User accesses GoTheMile.com or the Services, we make good faith efforts to provide that User with easy access to his or her personal information and an opportunity to either correct that data if it is inaccurate, or to delete such data upon that particular User's request, provided that it is not otherwise required to be retained by law, or for legitimate business purposes. We do, however, ask Users to identify themselves and the information requested to be accessed, corrected, or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort. Some of the Services have different procedures to access, correct or delete a User's personal information. We provide the details for these procedures in the specific privacy notices or FAQs for these Services.

23. Third-Party Advertisers And Ad-Serving Companies

Advertisements that appear on EXTRAMILE are sometimes delivered (or "served") directly to Users by third-party advertisers or ad network companies (collectively, the "Third Party Advertisers "). Third Party Advertisers may automatically receive a User's IP address or other information about his or her mobile device or personal computer when serving advertisements. They may also download cookies to a User's computer, or use other technologies such as JavaScript and "web beacons" to measure the effectiveness of the advertisements served and to personalize advertising content. Doing this allows the advertiser or ad network to recognize a User's computer or mobile device each time he or she sends a User an advertisement in order to measure the effectiveness of the ad and to personalize advertising content. Further, Third Party Advertisers may use aggregated information (not including User's name, address, email address or telephone number) about your visits to the EXTRAMILE website and other websites in order to provide advertisements about goods and services of interest to Users. If you would like more information about this practice and to know your choices about not having this information used by these companies, please see: http://www.networkadvertising.org/managing/opt_out.asp. EXTRAMILE does not access or have control of the cookies that may be placed by third-party advertisers or ad networks. Likewise, third party advertisers and ad networks do not have access to a User's personal information stored with us unless a User chooses to share it with them. This Policy does not cover the use of tracking technologies or personal information by any such third-party advertisers or ad networks.

24. Privacy of Children

EXTRAMILE is neither directed at, nor targeted to children under the age of 18. For that reason, we do not employ the EXTRAMILE website, Mobile Applications, or Services to knowingly solicit personal information or location information from children under the age of 18. IF YOU ARE UNDER THE AGE OF 18 YEARS OF AGE, THEN PLEASE DO NOT USE OR ACCESS THE SERVICES AT ANY TIME OR IN ANY MANNER. If we learn that someone under the age of 18 has provided personal information or location information, EXTRAMILE will use reasonable efforts to remove such information from our records. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce our Policy by instructing their children to never provide personal information or location information through any of our Services without their permission. If you are a parent or guardian and discover that your child under the age of 18 has obtained an EXTRAMILE User account, then you may contact us, and request that we delete that child's personal information and location information from our systems.

25. Children

If you have reason to believe that a child under the age of 18 has provided Personal Data to us, please contact us, and we will endeavor to delete that information from our databases.

26. Enforcement

EXTRAMILE regularly reviews its compliance with this Policy. Please feel free to direct any questions or concerns regarding this Policy or EXTRAMILE's treatment of personal information or location information by contacting us through this website. When we receive formal written complaints at contactus@gothemile.com, it is EXTRAMILE's policy to contact the complaining User regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between EXTRAMILE and an individual.

27. Security

When a User logs in to EXTRAMILE and its affiliated websites, we require that a secure connection between a User's computer and our server be established. We use a technology called Secure Socket Layers (SSL), an encryption technology that works with most browsers. A secure connection is maintained until a User leaves the secure area of one of the EXTRAMILE website. Although we use SSL encryption to safeguard the confidentiality of personal information as it travels via the Internet, ironclad security does not exist on the Internet, and accordingly, we cannot guarantee the safety of the transmission of any personal information over the Internet.

28. Changes To The Policy

Please note that the Policy may change at any time and without prior notice. Any revised version(s) of the Policy will be promptly posted on the EXTRAMILE website. We will not reduce User rights under the Policy without each User's explicit consent, and we expect most such changes will be negligible. To better inform Users of changes to the Policy, we will post any such changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification). Each version of this Policy will be identified at the top of the page by its effective date, and we will also keep prior versions of Our Privacy Policy in an archive for review by Users. A User's continued use of the Services constitutes his or her agreement to this Policy and any future revisions. If You have any additional questions or concerns about this Policy, please feel free to contact us at any time.

 

EXTRAMILE Terms and Conditions of Use

July 2013

1. GENERAL

Welcome to EXTRAMILE and its affiliated website (the "Website") and mobile applications (the "Mobile Applications")—(collectively, "EXTRAMILE," "We," "Us," or "Our"). EXTRAMILE offers and utilizes a variety of Website, Mobile Applications, online geo-mapping applications, fitness tools and calculators, health and fitness content, social networking components—including but not limited to, intra-Website message services, discussion forums, community groups, personal profile pages—other health and fitness related products and services, point rewards, point redemption, and select promotional offers (collectively, the "Services"). The Services are made available to you by mPowerHealth Solutions LLC doing business as Extramile ("EXTRAMILE") subject to these terms and conditions, including those set forth in the EXTRAMILE Privacy Policy. By accessing, using or downloading any of the Services, you agree to follow and be bound by these Terms and Conditions of Use (the "Terms"), which may be updated by EXTRAMILE from time to time without notice to you. You can review the most current version of the Terms at any time at http://www.GoTheMile.com/TermsOfUse. EXTRAMILE and its third party providers may make improvements and/or changes in the Services or any prices described at any time without notice. Certain provisions of the Terms may be supplemented or superseded by expressly designated legal notices or terms located on particular pages at the Website.

EXTRAMILE RESERVES THE RIGHT AT ANY TIME AND FROM TIME TO TIME TO MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, THE SERVICES OR ANY PORTION THEREOF WITH OR WITHOUT NOTICE. YOU AGREE THAT EXTRAMILE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SERVICES OR ANY PORTION THEREOF.

If you do not agree with the Terms, please do not use the Services.

BY CONTINUING TO USE THE SERVICES, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS AND ALL REVISIONS THEREOF

BY USING EXTRAMILE OR THE SERVICES, YOU THEREFORE AGREE, REPRESENTS AND WARRANT THAT:

  • YOU ARE 18 YEARS OR OLDER; AND HAVE CONSENTED TO AND AGREED TO THE TERMS; AND.
  • YOU HAVE RECEIVED CONSENT FROM YOUR PHYSICIAN TO PARTICIPATE IN HEALTH AND FITNESS PROGRAMS, WORKOUTS, EXERCISES, OR ANY OTHER RELATED ACTIVITIES REWARDED BY EXTRAMILE.

FURTHER, YOU ACKNOWLEDGE AND AGREE THAT EXTRAMILE HAS OFFERED THE SERVICES AND SET ITS PRICES IN RELIANCE UPON THE WARRANTY DISCLAIMERS, RELEASES AND LIMITATIONS OF LIABILITY SET FORTH IN THE TERMS.

YOU ALSO ACKNOWLEDGE AND AGREE THAT THESE WARRANTY DISCLAIMERS, RELEASES AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND EXTRAMILE, AND THAT THESE WARRANTY DISCLAIMERS, RELEASES AND LIMITATIONS OF LIABILITY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND EXTRAMILE. EXTRAMILE WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE WARRANTY DISCLAIMERS, RELEASES AND LIMITATIONS OF LIABILITY.

2. PRIVACY POLICY

EXTRAMILE's Privacy Policy is hereby incorporated into the Terms by reference. Please review the Privacy Policy carefully for disclosures relating to EXTRAMILE's security protocols and its collection, use, and disclosure of your personal information and geographic location information. Click here to review the EXTRAMILE Privacy Policy.

3. ADDITIONAL POSTED GUIDELINES

EXTRAMILE may require you to agree to additional rules, policies, guidelines or other conditions (collectively "Guidelines") in order to use particular features, to participate in certain promotions available through EXTRAMILE, or to receive and/or use some Services that EXTRAMILE may offer from time to time. In such cases, you may be required to expressly consent to additional terms set forth in applicable Guidelines—for instance, you might be obligated to check a box or clicking on a button marked "I agree." This type of agreement is known as a "click-through" agreement. If any of the terms of a click-through agreement are different than the Terms, the terms of the click-through agreement will supplement or amend the Terms, but only with respect to the matters governed by the click-through agreement.

4. MODIFICATION OF THE TERMS AND CONDITIONS OF USE

EXTRAMILE reserves the right, at its discretion, to change, modify, add, or remove portions of the Terms or any affiliated Guidelines at any time. By your agreement to the Terms and use of the Services, you obligate yourself to periodically check the Terms, the Privacy Policy and all Guidelines for any changes. Your continued use of the Services after the posting of any modifications or changes to the Terms, Privacy Policy or Guidelines or Policies constitutes your binding acceptance of such changes. Additional and/or different terms and conditions of use may apply to services or products provided through one or more of EXTRAMILE's partners, advertisers, or business associates, and you should refer to those before accessing, purchasing, using or subscribing to such services or products.

5. OWNERSHIP AND PROPRIETARY RIGHTS

The Services are owned and operated by EXTRAMILE and it's third party partners. You acknowledge and agree that the Services, any necessary software used in connection with the Services (if any) and any EXTRAMILE Content (as that term is defined below) offered as part of the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by EXTRAMILE or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, the software or any Content offered as part of the Services (other than User Content as that term is defined below), in whole or in part. EXTRAMILE grants you a personal, non-transferable and non-exclusive right and license to access and use the Services; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services. You agree not to access the Services by any means other than through the interface that is provided by EXTRAMILE for use in accessing the Services.

The terms EXTRAMILE, GoTheMile along with the associated logos and names of the specific Services are the exclusive trademarks of, and are owned by EXTRAMILE, and you may not use or display such trademarks in any manner without EXTRAMILE's prior written permission. Any third party trademarks or service marks displayed via the Services are the property of their respective owners. EXTRAMILE reserves all rights not expressly granted hereunder.

EXTRAMILE respects the intellectual property of others, and we ask our users to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users of the EXTRAMILE who may infringe or repeatedly infringe the copyrights or other intellectual property rights of EXTRAMILE and/or others.

6. ACCOUNT INFORMATION

To use the Services, you must create an EXTRAMILE account ("Account"). You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Account creation/registration form ("User Data") and (b) maintain and promptly update the User Data to keep it accurate and current. You agree that EXTRAMILE may use your User Data to provide the Services. If you provide any information that is inaccurate or not current, or EXTRAMILE has reasonable grounds to suspect that such information is inaccurate or not current, EXTRAMILE has the right to suspend or terminate your Account and refuse any and all current or future use of the Services. In consideration of your use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws of any applicable jurisdiction.

7. PASSWORD

When you create an Account, you will be asked to provide a password. Because you will be responsible for all activities that generate from your Account, and you can only access your account upon the transmission of your password, you should keep your password strictly confidential at all times. We endeavor to use reasonable security measures to protect against unauthorized access to your Account. We cannot, however, guarantee absolute security of your Account, your User Content or the personal information or location information you provide, and we cannot promise that our security measures will prevent third-party "hackers" from illegally accessing the Services or its contents. You agree to immediately notify EXTRAMILE of any unauthorized use of your Account or password, or any other breach of security, and to accept all risks of unauthorized access to the User Data and any other information you provide to EXTRAMILE. EXTRAMILE reserves the right to suspend your Account and/or require that you alter your password if we believe for any reason that your password is no longer secure.

YOU MAY NOT SHARE YOUR EXTRAMILE ACCOUNT PASSWORD WITH ANY OTHER PERSON FOR ANY REASON.

8. PAYMENT TERMS AND CANCELATIONS

You agree to pay any fees due for and incurred by your use of any Services that require payment such as Monthly Membership ("Paid Services"). If you choose to use Paid Services, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service or any other payment method made available by EXTRAMILE) ("Payment Method"). You may switch to a different Payment Method or update your information by visiting the "My Account" page. You agree to pay all fees and other charges incurred in connection with your Account. EXTRAMILE will administer and apply payments you transmit for Paid Services via the online billing mechanisms of its affiliated websites in a timely and commercially reasonable manner. Further, EXTRAMILE reserves the right to terminate your access to a Paid Service on account of your nonpayment of associated charges.

If you want to discontinue a Paid Service, then you must cancel that Paid Service per applicable cancellation procedures. The cancellation of a Paid Service will go into effect at the end of your current billing cycle, and you will have the same level of access to the Services through the remainder of such billing cycle. No refunds or credits will be provided by EXTRAMILE upon cancellation. . You must pay Monthly Membership fees on a monthly basis. All such Monthly Membership fees are payable in advance. Monthly Membership fees will be billed automatically to the Payment Method at the start of the monthly period, as applicable, and will auto-renew until your Monthly Membership is terminated. The renewal Monthly Membership fees will be the same as the initial charges unless you are otherwise notified in advance. You authorize EXTRAMILE to charge your Payment Method for the appropriate Monthly Membership charges and fees and for any other purchases you elect to make via the Services. EXTRAMILE reserves the right to increase Monthly Membership fees or to institute new fees at any time upon reasonable notice posted in advance on Website.

ALL PURCHASES ARE FINAL AND NO REFUND WILL BE GIVEN FOR UNUSED PORTIONS OF PAID SERVICES.

EXTRAMILE POINTS ARE ONLY REDEEMABLE FOR USER ACCOUNTS THAT ARE CURRENT ON PAYMENT.

Certain third parties and advertisers with whom EXTRAMILE maintains a commercial relationship may market or sell their own promotions and services on (or through) the Services ("Third Party Service Providers"). To participate in some of those promotions or obtain some of those services, you may be required to make payment for the specific service or promotion to a Third Party Service Provider that markets or sells that specific service or promotion. EXTRAMILE is not responsible for the administration or application of any payments required by any such Third Party Provider for any such select services or promotions. EXTRAMILE is not responsible for the performance or nonperformance of any Third Party Service Provider. You are in no way obligated to use or transact business with any particular Third Party Service Provider. YOU AGREE THAT EXTRAMILE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS AVAILABLE ON THE SITE.

Membership for the Self-Starter Tool is on a 14-week subscription basis. Subscription will automatically renew. To cancel, contact extraMILE before renewal. Payment for Membership is for the Self-Starter Tool, and not for any reward. Therefore, rewards are are strictly gifts given to members at the discretion of EXTRAMILE and/or it's partners. The extraMILE Self-Starter Tool is no guarantee that you will achieve your goals. Achieving your goals is ultimately up to you. Utilize the extraMILE Self-Starter Tool to help get you there.

9. EXTRAMILE USAGE RULES

Prohibited Conduct & Uses

YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT, AND WARRANT THAT YOU WILL NOT:

  1. use the Services or any personal information or location information displayed on or within or in association with EXTRAMILE to "stalk," harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect, or store location information or personal information about other Users;
  2. use EXTRAMILE or the Services if you are under the age of 18 years old;
  3. include offensive or pornographic materials on or in your EXTRAMILE personal profile pages;
  4. use EXTRAMILE or the Services for any commercial or non-private use, it being understood that EXTRAMILE and the Services are to be employed for personal, non-commercial use only;
  5. fail to deliver payment for any Paid Services;
  6. use EXTRAMILE or the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;
  7. make unsolicited offers, advertisements, proposals, or send junk mail, to other Users of EXTRAMILE. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
  8. impersonate any person or entity, including but not limited to an EXTRAMILE representative, or falsely claim an affiliation with any person or entity, or access the EXTRAMILE Accounts of other Users;
  9. share EXTRAMILE issued passwords or any other means of access to a mobile device while any Service is running and accessible with any third party or encourage any other User(s) to do so;
  10. misrepresent the source, identity or Content of information transmitted via the Services;
  11. remove, circumvent, disable, damage or otherwise interfere with: (i) the security-related features of EXTRAMILE or the Services; (ii) the features of EXTRAMILE and the Services that prevent or restrict use or copying of any Content accessible through the EXTRAMILE; or (iii) the features of EXTRAMILE and the Services that enforce limitations on use of the Services;
  12. intentionally interfere with, or damage operation of EXTRAMILE or the Services, or any User's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
  13. post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, libelous, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
  14. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  15. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any third party;
  16. attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to EXTRAMILE, or any part of it, through hacking, password mining, or any other means to interfere with, or attempt to interfere with the proper working of EXTRAMILE or any of the Services;
  17. use any robot, spider, scraper or other automated means to access EXTRAMILE or the Services for any purpose without EXTRAMILE's express written permission or bypass EXTRAMILE's robot exclusion headers or other measures we may use to prevent or restrict access to EXTRAMILE or the Services or modify EXTRAMILE or the Services in any manner or form, nor to use modified versions of EXTRAMILE or the Services, including (without limitation) for the purpose of obtaining unauthorized access to EXTRAMILE or the Services; or
  18. sell or transfer or allow another person to access your Account, passwords or profile.
  19. use the Services to harm minors in any way;

10. USAGE & REFUSAL OR SUSPENSION OF SERVICE

EXTRAMILE RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY ACCOUNTS OR WEB OR MOBILE BASED ACTIVITIES RELATED TO THE SERVICES (INCLUDING INVITING A FELLOW USER INTO A NETWORK OF FRIENDS), AS WELL AS ANY USER'S USE OF OR ACCESS TO THE LOCATION INFORMATION AND PROFILES OF OTHER USERS.

You understand that any and all information (other than personal information and/or location information which are expressly covered and governed by the Privacy Policy), including data, text, files, geo-mapped routes, text, software, sound, photographs, graphics, video, messages, and all other material that you transmit to, or supply to EXTRAMILE is referred to as "User Content." User Content, whether publicly posted or privately transmitted, available in connection with the Services is the sole responsibility of the person from whom such User Content originated. This means that you, and not EXTRAMILE, are entirely responsible for all User Content that you upload, post, email, transmit or otherwise make available via the Services. EXTRAMILE does not control or monitor the User Content posted by others and, as such, does not guarantee the accuracy, integrity or quality of such User Content. You understand that by using the Services, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will EXTRAMILE be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Services.

You understand that use of certain features of the Services may require you to purchase and/or use third party equipment or materials (e.g., GPS systems, mobile apps). While EXTRAMILE may recommend the equipment or materials of certain third party suppliers, EXTRAMILE shall have no responsibility for your acquisition or use of any third party equipment or materials and does not guarantee that third party equipment or materials will function with the Services or will be error-free.

You acknowledge, consent and agree that EXTRAMILE may access, preserve and disclose your User Data, Payment Method information and other User Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any User Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of EXTRAMILE, its users and the public. Subject to the foregoing, EXTRAMILE will use reasonable efforts to maintain the confidentiality of your User Data and Payment Method information.

11. THIRD PARTY CONTENT

Certain content displayed on or linked to Website and Mobile Applications—namely, third party websites and news headlines (collectively "Third Party Content")—is developed by individuals or merchants over whom EXTRAMILE exercises no direct control. EXTRAMILE does not endorse any Third Party Content, or the information, material, products, or services associated with Third Party Content. Furthermore, some Users may find some Third Party Content to be objectionable, inappropriate, or offensive. EXTRAMILE therefore does not make any express or implied warranties with regard to the nature of the information, material, products, or services that are displayed or linked by any Third Party Content. In addition, your contacts or business dealings with, or participation in the promotions of individuals or merchants found on, or linked by any Third Party Content exist solely and operate independently as between you and such individuals or merchants. You therefore agree that EXTRAMILE shall not be responsible for, or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the placement of, or linkage to such Third Party Content.

12. USER CONTENT

By uploading, posting, emailing, transmitting, or otherwise making available User Content via the Services You expressly warrant:

  • you are solely responsible for the transmission, accuracy, completeness, and publication of that User Content;
  • you control all of the rights to that User Content and that it neither does nor will infringe or violate the rights of any third party; and
  • EXTRAMILE bears no responsibility, legal or otherwise, for that User Content.

Prohibited User Content
A User may not post User Content on any EXTRAMILE platform that:

  • is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • exploits people in a sexual or violent manner;
  • contains nudity, violence, or offensive subject matter;
  • provides any telephone numbers, street addresses, last names or email addresses of anyone except you;
  • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • violates any intellectual property or other proprietary right of any third party, including User Content that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
  • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other members;
  • involves commercial activities and/or sales without EXTRAMILE's prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • includes a photograph of another person posted without that person's consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual's privacy or infringement of publicity rights; or
  • contains a virus or other harmful component.

Disclosure of User Content
Posting User Content inherently poses the risk of unintended disclosure and access by third parties to said User Content. EXTRAMILE will make reasonable efforts to prevent User Content from disclosure that exceeds your Account Settings, but EXTRAMILE cannot guarantee that Account Settings will completely protect against some User Content from being viewed or accessed by unintended third parties, and EXTRAMILE will not be liable for such chance disclosures.

Deletion of User Content
Upon a your termination of his or her account, he or she may request that EXTRAMILE completely "purge" the your Account, including the deletion of any and all User Content previously you previously submitted. EXTRAMILE will undertake commercially reasonable efforts to ensure that your Account and EXTRAMILE is completely purged of your User Content, subject to the limitation that EXTRAMILE may not be able to fully delete all of your User Content, specifically any User Content posted in EXTRAMILE forums, community groups, or on other User pages. EXTRAMILE therefore directs that you exercise good judgment when you post User Content. In addition, EXTRAMILE cannot wholly purge health index related User Content upon the deletion of a User Account. We will, however, make that information anonymous upon the termination of a User account.

Ownership Rights In User Content
EXTRAMILE does not claim ownership of User Content. However, with respect to User Content you submit or make available in connection with EXTRAMILE or Services (other than User Data or Payment Method information), you grant EXTRAMILE a worldwide, perpetual, irrevocable, royalty-free and non-exclusive license, as applicable, to use, copy, distribute, reproduce, modify, adapt, create derivative works from, publicly perform and publicly display, incorporate, and otherwise exploit such User Content for any purpose, commercial, advertising, or otherwise, or in connection with EXTRAMILE or the Services or the promotion thereof. Further, you agree that any "moral rights" in your User Content have been waived. Should EXTRAMILE, however, seek to make use of certain User Content—for instance, a User's image—for explicit commercial or advertising purposes, EXTRAMILE will make a reasonable effort to secure consent from that User for that specific purpose.

EXTRAMILE may provide you with the option of making certain User Content that you submit to EXTRAMILE as "Private" or available only to select Users of the Services. If, upon submission of User Content, you initially elect to mark such User Content as Private or available for a limited group of Users, EXTRAMILE will maintain the privacy of such User Content in accordance with your election. However, if you do not elect to mark your User Content as Private or available for a limited group of users, or later change such designation to allow such User Content to be made generally available, EXTRAMILE cannot and does not guarantee the privacy of such User Content.

EXTRAMILE Review Of User Content
You acknowledge that EXTRAMILE may or may not pre-screen or monitor User Content, but that EXTRAMILE and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, monitor, refuse or remove any User Content that is available via the Services. By consenting to the Terms, you understand and acknowledge that when you access or otherwise use EXTRAMILE or select Services, you may be exposed to User Content from a variety of sources, and that EXTRAMILE is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. Further, you must understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against EXTRAMILE with respect thereto. Without limiting the foregoing, EXTRAMILE and its designees shall have the right to remove any User Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such User Content.

13. MIXED-USE GUIDELINES

EXTRAMILE and its Services are made available for your personal, non-commercial use only. You may not employ EXTRAMILE or its Services (other than those Services designed specifically for commercial use) to sell a product or service, or to increase traffic to your own website or a third party web site for commercial reasons, such as advertising sales. You may not take the results from a EXTRAMILE search and reformat and display them, or mirror the Website home pages or results pages on your website. Moreover, you may not "meta-search" EXTRAMILE.

If you seek to make commercial use of EXTRAMILE and the Services you must enter into an agreement with EXTRAMILE to do so in advance. Please Contact US for more information.

14. EXTRAMILE CONTENT

EXTRAMILE, and the Services contain trademarks, trade names, trade dress, service marks, copyrighted material concerning health and fitness, and other health and fitness related content, materials, and information owned by EXTRAMILE and others (collectively "EXTRAMILE Content").

Ownership Of EXTRAMILE Content
EXTRAMILE is the sole owner of all EXTRAMILE Content including all copyrights, trademarks, trade dress, service marks, and other intellectual property rights. You may not download, copy, or save any EXTRAMILE Content or any portion of it, for any purpose, except as permitted by select Services as provided for in the specific Guidelines applicable to those Services), and in the limited cases where you need to print a copy of individual screens appearing as part of EXTRAMILE solely for personal use or records, provided that any logos, marks or other legends that appear on the copied screens remain and are not removed from the printed copy. Except as expressly permitted under these Terms or applicable Guidelines, a you may not modify, copy, publish, display, transmit, adapt or in any way exploit the EXTRAMILE Content without the prior written permission of EXTRAMILE.

Content Is Not Medical Advice
EXTRAMILE CONTENT DOES NOT CONSTITUTE MEDICAL ADVICE. SHOULD YOU HAVE ANY HEALTHCARE RELATED QUESTIONS, YOU SHOULD CONTACT YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY AND IN ADVANCE OF YOUR USE OF EXTRAMILE AND THE SERVICES.

ANY EXTRAMILE CONTENT, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY EXTRAMILE OR BY OTHER USERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (A) THE ADVICE OF A PHYSICIAN OR OTHER MEDICAL PROFESSIONAL, (B) A VISIT, CALL OR CONSULTATION WITH A PHYSICIAN OR OTHER MEDICAL PROFESSIONAL, OR (C) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL.

YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY EXTRAMILE CONTENT AND YOU SHOULD NOT EMPLOY CONTENT FOR DIAGNOSING OR TREATING A HEALTH PROBLEM.

THE TRANSMISSION AND RECEIPT OF EXTRAMILE CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN EXTRAMILE AND A USER.

15. NO AUTOMATED QUERYING OF ROUTE OR USER INFO

You may not send automated queries of any sort to EXTRAMILE's systems and networks without express permission in advance from EXTRAMILE. "Sending automated queries" includes, among other things:

  • using any software which sends queries to EXTRAMILE to determine how many Users EXTRAMILE has for various queries;
  • "meta-searching" EXTRAMILE; and
  • performing "offline" searches on EXTRAMILE.

16. MOBILE APPLICATIONS

To use or otherwise access the Mobile Applications, you must have a mobile device that is compatible with EXTRAMILE and the Mobile Applications. EXTRAMILE does not warrant that the Mobile Applications will be compatible with your mobile device.

EXTRAMILE does not charge to download basic Mobile Applications; however, you may be obligated to pay some fees for use of certain Monthly Membership services provided within Mobile Applications. Further, a wireless carrier's normal messaging, data and other rates and fees will still apply. You should therefore check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using the Mobile Applications may be prohibited or restricted by your carrier, and not all Mobile Applications may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Applications are available for your mobile device, and what restrictions, if any, may be applicable to your use of the Mobile Applications.

By using the Mobile Applications, you agree that EXTRAMILE may communicate with you regarding EXTRAMILE and the Services by SMS, MMS, text message or other electronic means directed to your mobile device and that certain information about your usage of the Mobile Applications may be communicated to EXTRAMILE. In the event your change or deactivate your mobile device telephone number, you agree to promptly update your EXTRAMILE Account information to ensure that messages are not sent to the person that acquires said User's old number.

User End Licenses
EXTRAMILE hereby grants you a non-exclusive, non-transferable, revocable license to use the Mobile Applications as follows:

  • to employ the Mobile Applications with one Account. An Account is comprised of the shared resources accessible by a single login ID on one mobile device owned or leased solely by you for your personal use. You may not:
  • modify, disassemble, decompile or reverse engineer the Mobile Applications, except to the extent that such restriction is expressly prohibited by law;
  • rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Applications to any third party or use the Mobile Applications to provide time sharing or similar services for any third party;
  • make any copies of the Mobile Applications;
  • remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Applications, features that prevent or restrict use or copying of any content accessible through the Mobile Applications, or features that enforce limitations on use of the Mobile Applications; or
  • delete the copyright and other proprietary rights notices on the Mobile Applications.

You acknowledge and agree that EXTRAMILE may from time to time issue upgraded versions of the Mobile Applications, and may automatically electronically upgrade the version of the Mobile Applications that you employ on your mobile device. You expressly consent to such automatic upgrading on your mobile device, and agree that the Terms (and any additional modifications of the same) will apply to all such upgrades. With respect to any open source or third-party code that may be incorporated in the Mobile Applications, such open source code is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.

The foregoing license grant is not a sale of the Mobile Applications or any copy thereof and EXTRAMILE or its third party partners or suppliers retain all rights, title, and interest in the Mobile Applications (and any copy thereof). Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in the Terms is void.

17. LINKS

The Services may provide, or third parties may provide, links to other websites or resources. Because EXTRAMILE has no control over such websites and resources, you acknowledge and agree that EXTRAMILE is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources.

18. INTERACTIONS WITH SITE USERS

Some of the Services function as a venue to connect members in a virtual information place. As a neutral facilitator, EXTRAMILE is not directly involved in the actual transactions between users. As a result, EXTRAMILE has no control over the truth, accuracy, quality, legality, or safety of postings made by users of the Services. EXTRAMILE shall have no responsibility to confirm the identity of users. EXTRAMILE shall also have no responsibility to confirm or verify the qualifications, background, or abilities of users of the Services. You shall at all time exercise common sense and good judgment when dealing with any user of the Services. You are solely responsible for your involvement with other Users. EXTRAMILE reserves the right, but has no obligation, to monitor disagreements between any Users.

If you elect to use certain Services for informing a friend about EXTRAMILE, EXTRAMILE will require you to provide your friend's contact information and/or email address. EXTRAMILE will automatically send that friend a one-time email. EXTRAMILE may store the information you provide for a period of time, provided that EXTRAMILE will use such information only to identify if your friend is or later becomes a user of EXTRAMILE. You represent that you are authorized to provide any third party email address or other information that you provide to EXTRAMILE.

19. ELECTRONIC COMMUNICATIONS

The Services may provide you with the ability to send e-mails, post messages to user forums, enter chat rooms, speak via Internet voice connections or send similar messages and communications to third party service providers, advertisers, other users and/or EXTRAMILE. You agree to use communication methods available via the Services only to send communications and materials related to the subject matter for which EXTRAMILE provided the communication method, and you further agree that all such communications by you shall be deemed your User Content and shall be subject to and governed by the Terms. By using any of the communications methods available via the Services, you acknowledge and agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers, advertisers or other third parties are not be endorsed, sponsored or approved by EXTRAMILE (unless expressly stated otherwise by EXTRAMILE) and (c) communications are not pre-reviewed, post-reviewed, screened, archived or otherwise monitored by EXTRAMILE in any manner, though EXTRAMILE reserves the right to do so at any time at its sole discretion in accordance with the Terms. You agree that all notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.

20. General EXTRAMILE Point Program Conditions

To ensure you receive credit for your EXTRAMILE activities, please provide your frequent flyer numbers, if applicable, before you try and redeem your EXTRAMILE points, or when you set up your EXTRAMILE account. EXTRAMILE may, in its discretion, change the point accumulation rules, regulations, redemption rewards, and special offers at any time with or without notice. This means that the accumulation of points does not entitle Users to any vested rights with respect to such points, awards or program benefits. In accumulating points, Users may not rely upon the continued availability of any reward or reward level, and Users may not be able to obtain all offered rewards. Any rewards may be withdrawn or subject to increased point requirements or new restrictions at any time. EXTRAMILE may, among other things, (i) withdraw, limit, modify, or cancel any reward offering; (ii) change program benefits, redemption levels, participant affiliations, conditions of participation, rules for earning, redeeming, retaining or forfeiting points; or otherwise restrict the continued availability of rewards or special offers. EXTRAMILE may make any one or more of these changes at any time even though such changes may affect your ability to use the points or that you have already accumulated. EXTRAMILE accrued points and special offers are subject to government regulations. EXTRAMILE is not responsible for products and services offered by other affiliated companies.

  • Points are not currency, nor any other mechanism of credit towards goods, services, merchandise, products, prizes, rewards, or anything else. 
  • Points are a quantifiable unit, used by EXTRAMILE strictly as a tool for motivation, and measurement of accomplishment.
  • EXTRAMILE is an individual-oriented program. Your point summaries, special promotional materials, and rewards will be sent to the address or email address, as applicable, you provide.
  • You are responsible for reading the EXTRAMILE Terms and Conditions, additional member information, EXTRAMILE newsletter/s and account summaries online at GoTheMile.com in order to understand your rights, responsibilities, and status under the EXTRAMILE platform. EXTRAMILE may amend its rules of the program at any time without notice.
  • Users may view their account status on www.GoTheMile.com.
  • At no time may EXTRAMILE points be purchased, sold or bartered (including but not limited to transferring, gifting, or promising points in exchange for support of a certain business, product, or charity and/or participation in an auction, sweepstakes, raffle, or contest). Any such points are void if transferred for cash or other consideration. Violators (including any person who uses a purchased or bartered reward or points) may be liable for damages and litigation costs, including EXTRAMILE attorneys fees incurred in enforcing this rule.
  • Use of points that have been acquired by purchase or for any other consideration may result in the points being confiscated or the person being denied reward. The person and User may also be liable to EXTRAMILE for the cost of any reward redeemed by points that were sold or bartered.
  • Fraud, misrepresentation, abuse or violation of applicable rules is subject to appropriate administrative and/or legal action by appropriate governmental authorities and EXTRAMILE. Such action may include, without limitation, the forfeiture of all rewards, and any accrued points in a User's account, as well as cancellation of the account and the User's future participation in EXTRAMILE. In addition, EXTRAMILE reserves the right to take appropriate legal action to recover damages, including its attorney fees incurred in prosecuting any lawsuit.
  • EXTRAMILE reserves the right to audit any and all accounts at any time and without notice to the User to ensure compliance with EXTRAMILE rules and applicable conditions of use. In the event that an audit reveals discrepancies or violations, the processing of EXTRAMILE rewards, point accrual and summaries may be delayed until the discrepancies or violations are resolved satisfactorily to EXTRAMILE. Pending such resolution, Users may be prohibited from redeeming points for any reward as determined in EXTRAMILE's sole discretion.
  • If EXTRAMILE and/or any EXTRAMILE partner improperly denies a member points, rewards, or some other benefit, the User's exclusive remedy shall be the issuance of the improperly denied points, reward or benefit if available, or such other alternative comparable benefit as determined by EXTRAMILE, which shall have no additional liability whatsoever. In no event shall EXTRAMILE or any EXTRAMILE partner be liable to any member, or anyone claiming through a member, for any direct, indirect or consequential damages, or lost revenue or profits, arising out of EXTRAMILE or any EXTRAMILE partner acts or omissions in connection with the EXTRAMILE program.
  • Accumulation of EXTRAMILE points and use of EXTRAMILE rewards with companies other than EXTRAMILE are subject to the continued participation of such companies in the EXTRAMILE redemption platform.
  • These terms and conditions are governed by and to be interpreted in accordance with the laws of the State of Texas.

21. Earning EXTRAMILE Points

To ensure you receive credit for your EXTRAMILE activities, please provide your frequent flyer numbers before you try and redeem your EXTRAMILE points, or when you set up your EXTRAMILE account. Retain all activity data until the points appear on your point summary. Users may track their summary online at www.GoTheMile.com.

  • Points will be earned and calculated at the discretion of EXTRAMILE, and at rates similar to market standards.
  • Workouts in compatible apps and devices may need to be set to public in order to earn points.
  • What constitutes a qualifying workout, as well as any exceptions, is determined at the sole discretion of EXTRAMILE. EXTRAMILE reserves the right to verify and adjust the points balance at any time prior to or following posting and redemption.
  • Points are considered earned when qualifying workouts are completed.

    - Outdoor workouts are tracked by GPS and are at least over 1 mile in distance.

    - Indoor workouts are provided by User checking-in and checking-out of gym using GPS location time stamp, and the workout is at least 30 minutes in duration.

  • User accounts will be updated daily. Points, earned for qualifying workouts, may take up to 24 hours to post. Please log in to your account at www.GoTheMile.com for your most up-to-date points balance.
  • Points cannot be earned until a user account has been opened. No retroactive credit will be given.
  • Points cannot be used as payment for obligations owed to EXTRAMILE or its affiliates.
  • Purchasing power of points in relation to flight tickets are determined by market rates for flights and how many frequent flyer miles are need to book those tickets.
  • Determination and payment of tax liability are the sole responsibility of the user account holder. To the extent required by law, certain rewards transactions may be included in year-end tax reporting.
  • All redemptions are final.
  • Frequent flyer miles and airline gift cards may take up to 30 calendar days upon redemption to be processed by EXTRAMILE. The respective airlines may take additional time to process the transaction on their end.
  • Accounts must be in good standing (not in default, closed, suspended or otherwise not in good standing) to access or redeem points for rewards.
  • User's much reach the necessary point redemption tiers to access or redeem points for rewards.
  • EXTRAMILE rewards programs are void where prohibited by federal, state or local law.
  • Fraudulent workouts may result in account closure or suspension.
  • Account closure or suspension may result in any remaining rewards being forfeited.
  • EXTRAMILE reserves the right to disqualify Users who have violated the terms, conditions, or disclosures associated with EXTRAMILE.
  • EXTRAMILE reserves the right to alter, and/or change the points program at any time without notice.
  • EXTRAMILE reserves the right to delay or not enforce any of our rights under this points program without waiving or losing our right to enforce them later.
  • Points will be credited only to the account of the EXTRAMILE user who earns points through activities with EXTRAMILE compatible apps and devices. No point credit will be awarded for activities that have been manually edited and or manipulated by the User.
  • Points are not transferable and may not be combined among EXTRAMILE Users, their estates, successors and assigns. Accrued points and rewards do not constitute property of the User. Neither accrued points, nor rewards, nor other benefits are transferable by the User (i) upon death, (ii) as part of a domestic relations matter, or (iii) otherwise by operation of law. However, EXTRAMILE, in its sole discretion, may credit accrued points to persons specifically identified in court approved divorce decrees and wills upon receipt of documentation satisfactory to EXTRAMILE and upon payment of any applicable fees.
  • EXTRAMILE point credit is determined by distance of activity, tracked by GPS, duration of time spent at a gym or fitness facility that is time stamped with GPS coordinates both for start and stop times. EXTRAMILE reserves the right to add, remove, and/or alter point credit determination, and may use minimum and maximum distance and/or duration requirements, and may use maximum point credit totals for given periods of time.
  • Point credit cannot be earned for the same activity tracked with more than one of compatible app and/or device.
  • After your activity begins, you may not be able to change your selection of compatible app and/or device for earning points.
  • You may accrue points only for eligible activities that meet qualifying criteria in accordance with all applicable conditions, rules and terms of use. EXTRAMILE point accrual eligibility is subject to change without notice. Activities not tracked by GPS are not eligible for point accrual.
  • Points can only be accumulated one time per activity.
  • Only individual persons are eligible for EXTRAMILE user accounts. Corporations, other entities, animals or anything else are not eligible to become EXTRAMILE users or can accrue EXTRAMILE points. Generally, only the User named on the account will be entitled to access account information. However, EXTRAMILE does comply with court orders and subpoenas and cooperates with investigations by state and federal agencies. Under these circumstances your account information may be shared with others with or without your knowledge or consent.
  • You may request point credit for past, eligible activities up to 3 months from the activity date. Activities prior to your enrollment date are not eligible for point credit.
  • You are responsible for ensuring that your points earned are properly credited. If you believe that points have been earned but not properly credited, you may be required to submit documentation or other proof satisfactory to EXTRAMILE, which may include activity data. Any claim for uncredited points must be received by EXTRAMILE within 3 months after the point credit was earned.
  • Certain activities are not eligible for earning points. These include, without limitation, the following: activities not verified by GPS or other trackable device, activities manually altered by a User, duplicate activities, false activities, and suspicious activities including activities that appear to have used means of transportation to accumulate distances.
  • The accumulation of points is not a guarantee of reward, as rewards are strictly gifts given to users at the discretion of EXTRAMILE and/or it's partners.

22. Redeeming EXTRAMILE Points

For EXTRAMILE products offering travel rewards, points can be redeemed for travel in two ways:

  1. Frequent Flyer Miles Deposited into User's Frequent Flyer account through EXTRAMILE redemption platform. The following terms and conditions apply when using this process:
    • Choice of carrier and frequent flyer account are at the User's discretion, subject to availability.
    • You can use your points to claim frequent flyer miles only. Flights and travel products are not available through EXTRAMILE. You can redeem your frequent flyer miles for flights and travel products directly from the carrier or travel provider. Redemptions cannot be exchanged or refunded for cash.
    • Once points are redeemed for frequent flyer miles, User accepts the terms and conditions for the frequent flyer miles of the respective carrier, and waives any rights to claims against EXTRAMILE. Frequent flyer miles are subject to the applicable airline rules and restrictions, and EXTRAMILE will not compensate for any damages or loss incurred by the User.
    • Airlines will be notified to deposit frequent flyer miles into the account on file in the EXTRAMILE User account within 30 days of the redemption, when all other qualifications for redemption have been satisfied. The respective airlines may take additional time to process the deposit on their end.
  2. Airline Gift Cards claimed with EXTRAMILE points through the EXTRAMILE redemption platform. The following terms and conditions apply when using this process:
    • Choice of carrier is at the User's discretion, subject to availability.
    • You can use your points to claim airline gift cards only. Flights and travel products are not available through EXTRAMILE. You can redeem your gift card for flights and travel products directly from the carrier or travel provider. Redemptions cannot be exchanged or refunded for cash.
    • Once points are redeemed for gift card, User accepts the terms and conditions for the gift card of the respective carrier, and waives any rights to claims against EXTRAMILE. Gift cards are subject to the applicable airline rules and restrictions, and EXTRAMILE will not compensate for any damages or loss incurred by the User.
    • Gift cards and vouchers will be made out to the name on the User account in the form of an email gift card (when available), and will be issued within 30 days of the redemption, when all other qualifications for redemption have been satisfied. The respective airlines may take additional time to process the transaction on their end.

For EXTRAMILE products offering other goods, services, merchandise, products, discounts, prizes, and all other related categories, the following terms and conditions apply:

  • Choice of reward is at the User's discretion, subject to availability.
  • You can use your points to claim the selected reward only. Related services and products to the reward are not available through EXTRAMILE. Redemptions cannot be exchanged or refunded for cash.
  • Once points are redeemed for reward, User accepts the terms and conditions of the respective provider of the related services and products to the reward, and waives any rights to claims against EXTRAMILE. Rewards are subject to the applicable provider's of the related services and products to the reward rules and restrictions, and EXTRAMILE will not compensate for any damages or loss incurred by the User.
  • Gift cards and vouchers will be made out to the name on the User account in the form of an email gift card (when available), and will be issued within 30 days of the redemption, when all other qualifications for redemption have been satisfied. The respective gift card provider may take additional time to process the transaction on their end.
  • In order to be entered into prize drawings, the User must collect enough points, and then redeem those points for entries into the prize drawings. Entries and being entered into prize drawings are no guarantee of winning a prize or any other winnings.

The following terms and conditions apply regardless of method of redemption:

  • Rewards are are strictly gifts given to users at the discretion of EXTRAMILE and/or it's partners.
  • The number of points required for redemption varies, and depends on the cost and type of redemption.
  • Neither EXTRAMILE nor its affiliates shall be liable for any bodily harm and/or property damage which may result from your participation in the EXTRAMILE or for the performance by travel providers (airline, hotel, car rental, etc.). EXTRAMILE does not guarantee the availability of any flight on any airline or seats on any such flight. EXTRAMILE does not endorse, guarantee or warrant the goods and services offered by any travel provider.
  • Redemptions must be redeemed by the User, and no one else.
  • Points are considered fully redeemed when frequent flyer miles are deposited in the User's account, or when gift card or voucher or check is issued and will not be reimbursed in the event of airline tickets or travel documents being lost, stolen or otherwise destroyed.
  • Please note that EXTRAMILE has no control over how airlines and travel providers itemize frequent flyer mile transactions.
  • EXTRAMILE is not responsible for, and does not represent, rewards products or airlines or providers.
  • Actual rewards may vary from pictures and descriptions due to printing and/or provider updates.
  • User's redeem points for rewards at their own risk. EXTRAMILE will not assist in settling disputes with airlines or travel providers, and will not accept returns or issue refunds.
  • EXTRAMILE points are not transferrable.
  • EXTRAMILE awards entitle you to frequent flyer miles or airline giftcards unless otherwise noted.
  • EXTRAMILE assumes no responsibility for and is not liable for any unauthorized access by third parties to a User's account and/or account information, including but not limited to any unauthorized reward transaction made from the account. EXTRAMILE assumes no obligation or duty to re-credit any unauthorized point withdrawal made by third parties; however, EXTRAMILE reserves the right to review, in it sole discretion, requests for re-crediting unauthorized point withdrawals provided such request is made to EXTRAMILE within 3-months of the unauthorized withdrawal.
  • Subject to the rules prohibiting purchase, sale, and barter of EXTRAMILE points and rewards as well as the rules pertaining to any special EXTRAMILE offers, EXTRAMILE rewards may be issued to any name designated by the EXTRAMILE user, however the recipient of the reward must be identified at the time of redemption and cannot be identified at a later point in time, such as a charity to be named later, or conditioned upon the outcome of a future event, such as the winner of a contest.
  • Once rewards are issued they cannot be changed.
  • EXTRAMILE rewards may be subject to, and the User is responsible for, any applicable taxes, fees, charges, and/or other taxes, fees and surcharges assessed by appropriate parties and authorities. In addition, there may be applicable charges under EXTRAMILE.
  • EXTRAMILE rewards may be subject to special limitations and availability at the sole discretion of the airline.
  • Redemption of EXTRAMILE points for rewards does not guarantee or confirm travel. Travel arrangements must be made through the respective airline or travel partner.
  • Each EXTRAMILE reward partner is responsible for its rewards only and not for the rewards of other participating companies. If an EXTRAMILE partner agreement changes or terminates, you may find that EXTRAMILE rewards for that partner are no longer available. EXTRAMILE is not responsible for any participant withdrawals, reward cancellations, discontinued services, changes in any mileage levels, rules or restrictions applying to participant's rewards or mileage policies. EXTRAMILE reward restrictions may be announced by EXTRAMILE or EXTRAMILE partners at any time without notice.
  • Income tax liability on EXTRAMILE rewards, if any, is the responsibility of the User.

23. EXTRAMILE Reward Reinstatement

Once redeemed, EXTRAMILE points will not be reinstated at any time or for any reason.

EXTRAMILE is not responsible for rewards that are undeliverable or not received due to inaccurate delivery information, including physical and e-mail addresses. Delivery to an incorrect but deliverable address as provided by the User is the responsibility of the User.

24. CLAIMS OF COPYRIGHT INFRINGEMENT

If you have reason to believe any part of the User Content or EXTRAMILE Content infringes the copyrights of others, please notify EXTRAMILE immediately using the contact information provided below. It is our policy to make reasonable effort to investigate any allegations of copyright infringement brought to our attention. We reserve the right in our sole discretion to immediately suspend and/or terminate access to the Services by any user who is alleged to have posted infringing materials or a link to infringing materials via the Services and to immediately remove or disable the allegedly infringing materials or link.

If you are the copyright owner (or are authorized to act on behalf of the copyright owner), please notify EXTRAMILE immediately if you believe that (a) any Content displayed on the Site infringes your copyright or (b) any link posted via the Services links to materials that infringe your copyright. As soon as we receive your notice of claimed infringement, in the form described below, we will promptly remove or disable access to the materials that are claimed to be infringing (or the subject of infringing activity). Your notice must comply with the Digital Millennium Copyright Act ("DMCA"), be in writing and must include the following: a description of the copyrighted work you believe has been infringed (or if you believe multiple copyrighted works have been infringed, a representative list); a description of the material you believe is infringing or the subject of infringing activity, together with enough information to permit us to locate the material; enough information to permit us to contact you, such as, your name, address, telephone number and, if available, e-mail address; a statement that you have a good faith belief that the allegedly infringing use of the material was not authorized by the owner of the exclusive right that is allegedly infringed (the "copyright owner"), an agent for the copyright owner, or by law; a statement that all of the information you have provided is accurate; and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner. Your notice must be signed (physically or electronically) and emailed to: Copyright@GoTheMile.com.

You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

25. FEEDBACK

We welcome your comments, feedback, suggestions, and other communications regarding the Services (collectively, "Feedback"). While you are not obligated to provide Feedback, in the event that you provide Feedback, you hereby grant to EXTRAMILE a worldwide, non-exclusive, transferrable, assignable, sub-licenseable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not transmit any Feedback that you do not wish to license to us as set forth above.

26. DISCLAIMER OF WARRANTIES AND LIABILITY
General

THE SERVICES, INCLUDING THE MOBILE APPLICATIONS, AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH EXTRAMILE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. EXTRAMILE, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND SUPPLIERS (INCLUDING WITHOUT LIMITATION EXTRAMILE'S THIRD-PARTY WIRELESS CARRIER PARTNERS), DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. EXTRAMILE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND SUPPLIERS MAKE NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SITE WILL BE CORRECTED.

EXTRAMILE AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION EXTRAMILE'S THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MOBILE APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT EXTRAMILE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, EXTRAMILE, AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION EXTRAMILE'S THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PERSONAL INFORMATION OR LOCATION INFORMATION OR THE SERVICES IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT EXTRAMILE OR ITS SUPPLIERS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION RELATED TO THE SERVICES.

THE EXTRAMILE SITES, INCLUDING THE CONTENT AND COMPANY INFORMATION FOUND THEREON ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY CONCERNING THE INFORMATION, SERVICES, OR PRODUCTS OFFERED OR PROVIDED THROUGH OR IN CONNECTION WITH EXTRAMILE's WEB SITES\ AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT SHALL EXTRAMILE, ITS SERVICE PROVIDERS OR ITS PREFERRED PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF EXTRAMILES'S WEB SITE OR WITH THE DELAY OR INABILITY TO USE EXTRAMILES'S WEB SITE, FOR ANY INFORMATION (INCLUDING COMPANY INFORMATION), SOFTWARE PRODUCTS, AND SERVICES OBTAINED THROUGH EXTRAMILES'S WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE EXTRAMILE WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF EXTRAMILE, ITS SERVICE PROVIDERS OR ITS PREFERRED PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

The Content may contain inaccuracies and/or typographical errors. EXTRAMILE may alter, change or improve the Content at any time and without notice. EXTRAMILE makes no representations or warranties as to the Content's completeness or accuracy, and makes no commitment to update the Content. EXTRAMILE makes no representations about the Content's suitability for any purpose.

YOU USE THE SITE AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF EXPECTATION OF PRIVACY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OR TITLE. IN NO EVENT SHALL EXTRAMILE OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF OR INABILITY TO USE THE SITE OR FOR ANY OF THE CONTENT OBTAINED THROUGH OR OTHERWISE IN CONNECTION WITH THE SITE, IN EACH CASE REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER EXTRAMILE WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

EXTRAMILE neither warrants nor represents that your use of information and material on the Site will not infringe upon the intellectual property rights of third parties. EXTRAMILE shall not be liable for any virus or other damage to your computer equipment or other property due to your accessing, browsing, or using the Site or due to your downloading any audio, data, images, materials, pictures, text or video from the Site. Because EXTRAMILE may provide services and products in many parts of the world, the Site may refer to certain goods, products, and/or services that are not available in your area. A reference to goods, products, and/or services without limiting their geographic scope does not imply that EXTRAMILE offers or intends to offer those goods, products, and/or services in all locations.

Any failure of EXTRAMILE to assert any rights it may have under this Agreement does not constitute a waiver of our right to assert the same or any other right at any other time or against any other person or entity. If any provision of this Agreement is found to be invalid or unenforceable, then the invalid or unenforceable provision will be stricken from this Agreement without affecting the validity or enforceability of any other provision.

Physical Fitness
EXTRAMILE requires that a user consults with his or her physician before he or she uses EXTRAMILE or the Services or its suppliers and partners (including without limitation EXTRAMILE's third-party wireless carrier partners), undertakes to follow any health and fitness instructions he or she receives via EXTRAMILE or the Services or its suppliers and partners (including without limitation EXTRAMILE's third-party wireless carrier partners), or participates in any event announced by EXTRAMILE. EXTRAMILE is not a licensed medical care provider and represents that it has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. EXTRAMILE is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury and or death.

YOU EXPRESSLY AGREE THAT EXTRAMILE IS NOT PROVIDING MEDICAL ADVICE VIA THE SERVICES. ALL CONTENT PROVIDED THROUGH THE SERVICES, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER USERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (b) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (c) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. SHOULD YOU HAVE ANY HEALTH RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THIS SITE, AND YOU SHOULD NOT USE THE SITE OR ANY CONTENT ON THE SITE FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF ANY CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND EXTRAMILE.

YOU EXPRESSLY AGREE THAT YOUR ATHLETIC ACTIVITIES, WHICH GENERATE THE USER CONTENT YOU POST OR SEEK TO POST ON THE SITE (INCLUDING BUT NOT LIMITED TO RUNNING, WALKING, CYCLING, HIKING, TRIATHLON) CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF EXTRAMILE OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS. YOU ALSO EXPRESSLY AGREE THAT EXTRAMILE DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY RACE, CONTEST, GROUP ATHLETIC ACTIVITY OR EVENT THAT UTILIZES THE SERVICES.

YOU EXPRESSLY AGREE TO RELEASE EXTRAMILE, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE "RELEASED PARTIES") FROM ANY AND ALL LIABILITY CONNECTED WITH YOUR ATHLETIC ACTIVITIES, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH YOUR ATHLETIC ACTIVITIES. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE SERVICES, (b) YOUR USE OR MISUSE OF EQUIPMENT OR PROGRAMS CREATED OR LICENSED BY EXTRAMILE WHILE ENGAGED IN ATHLETIC ACTIVITIES, (c) YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES, (d) ANY DELAY OR INABILITY TO USE THE SITE EXPERIENCED BY YOU, (e) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF EXTRAMILE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Miscellaneous Disclaimers

The Content may contain inaccuracies and/or typographical errors. EXTRAMILE may alter, change or improve the Content at any time and without notice. EXTRAMILE makes no representations or warranties as to the Content's completeness or accuracy, and makes no commitment to update the Content. EXTRAMILE makes no representations about the Content's suitability for any purpose.

YOU USE THE SITE AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF EXPECTATION OF PRIVACY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OR TITLE. IN NO EVENT SHALL EXTRAMILE OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF OR INABILITY TO USE THE SITE OR FOR ANY OF THE CONTENT OBTAINED THROUGH OR OTHERWISE IN CONNECTION WITH THE SITE, IN EACH CASE REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER EXTRAMILE WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

EXTRAMILE neither warrants nor represents that your use of information and material on the Site will not infringe upon the intellectual property rights of third parties. EXTRAMILE shall not be liable for any virus or other damage to your computer equipment or other property due to your accessing, browsing, or using the Site or due to your downloading any audio, data, images, materials, pictures, text or video from the Site. Because EXTRAMILE may provide services and products in many parts of the world, the Site may refer to certain goods, products, and/or services that are not available in your area. A reference to goods, products, and/or services without limiting their geographic scope does not imply that EXTRAMILE offers or intends to offer those goods, products, and/or services in all locations.

Any failure of EXTRAMILE to assert any rights it may have under this Agreement does not constitute a waiver of our right to assert the same or any other right at any other time or against any other person or entity. If any provision of this Agreement is found to be invalid or unenforceable, then the invalid or unenforceable provision will be stricken from this Agreement without affecting the validity or enforceability of any other provision.

EXTRAMILE further disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of any and all information or material provided in connection with, or by the Services, any search results generated by or through the Services, or displayed and/or presented through the Services.

EXTRAMILE also disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any and all information or material, including EXTRAMILE Content and User Content.

YOU UNDERSTAND AND AGREE THAT WHEN YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA VIA EXTRAMILE OR THE SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. EXTRAMILE DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM TO YOU THAT RESULTS FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH EXTRAMILE OR THE SERVICES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.

27. INDEMNITY

You agree to indemnify and hold EXTRAMILE and its subsidiaries, affiliates, officers, employees, agents, partners, licensors, and suppliers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out: (a) the User Content you submit, post, transmit or otherwise seek to make available through the Services; (b) your use of the Services, (c) your athletic activities which generate the User Content you post or seek to post via the Services (including, but not limited to, athletic activities in connection with any contests, races, group activities, or other events which EXTRAMILE sponsors, organizes, participates in, or whose Services is used in connection with), (d) your connection to the Services, (e) your violation of the Terms, (f) your use or misuse of any User's personal information and location information, (g)) any violation of the rights of any other person or entity by you, or (h) your employment of the Services to meet another User in-person or to locate and attend any offline place or event. EXTRAMILE reserves the right, at a given User's expense, to assume the exclusive defense and control of any matter for which such User is required to indemnify EXTRAMILE, and said User agrees to cooperate with EXTRAMILE's defense of these claims.

28. LIMITATION OF LIABILITY AND DAMAGES

YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL EXTRAMILE, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND SUPPLIERS (INCLUDING WITHOUT LIMITATION EXTRAMILE'S THIRD-PARTY WIRELESS CARRIER PARTNERS) OR SUPPLIERS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM: (A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF A USER'S PERSONAL INFORMATION OR LOCATION INFORMATION; (B) YOUR ABILITY OR INABILITY TO USE THE SERVICES; (C) THE SERVICES GENERALLY, INCLUDING THE SYSTEMS THAT MAKE THE SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH EXTRAMILE OR ANY OTHER USER OF THE SERVICES, EVEN IF EXTRAMILE OR A EXTRAMILE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON EXTRAMILE OR THE SERVICES, OR THROUGH THE SERVICES, OR RECEIVED THROUGH ANY LINKS PROVIDED BY EXTRAMILE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON EXTRAMILE OR THE SERVIES, OR RECEIVED THROUGH ANY LINKS PROVIDED BY EXTRAMILE OR THE SERVICES.

THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF EXTRAMILE OR THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO EXTRAMILE OR THE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

Without limiting the foregoing, under no circumstances shall EXTRAMILE be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.IN NO EVENT SHALL EXTRAMILE, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND SUPPLIERS (INCLUDING WITHOUT LIMITATION EXTRAMILE'S THIRD-PARTY WIRELESS CARRIER PARTNERS) OR SUPPLIERS, TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR EMPLOYMENT OF THE SERVICES WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY, OR OTHERWISE EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR ONE THOUSAND DOLLARS, WHICHEVER IS GREATER.YOU FURTHER AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDNIGLY, THE EXCLUSIONS, AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY IN THEIR ENTIRETY TO YOU, HOWEVER, AGREE THAT EXTRAMILE'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

29. TERMINATION

You agree that EXTRAMILE may, under certain circumstances and without prior notice, immediately terminate your Account and/or access to the Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or Guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Services. Termination of your Account may include (x) removal of access to all offerings within the Services, (y) deletion of your information, files and User Content associated with or inside your Account, and (z) barring of further use of the Services. Further, you agree that all terminations for cause shall be made in EXTRAMILE's sole discretion and that EXTRAMILE shall not be liable to you or any third party for any termination of your Account or access to the Site.

30. APPLICABLE LAWS

The Services are controlled by EXTRAMILE from its offices within the United States of America. EXTRAMILE makes no representation that User Content or EXTRAMILE Content or the Services are appropriate or available for use in other locations, and access to them from territories where their content or use is illegal is prohibited. Those who choose to access the Services from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the EXTRAMILE Content or User Content in violation of U.S. export laws and regulations. Any action related to EXTRAMILE, the Services, EXTRAMILE Content, User Content, or the Terms shall be governed by Texas law and controlling U.S. federal law, without regard to conflicts of laws thereof. You hereby consent and submit to the exclusive jurisdiction and venue in the state and federal courts located in Dallas County, Texas for any legal proceedings related to the Site or the Terms. If any party hereto brings any suit or action against another for relief, declaratory or otherwise, arising out of these Terms, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys' fees. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Sections 5, 14, 22, 23,24, 26 shall survive termination of your account and/or the Terms.

These Terms and the relationship between you and EXTRAMILE shall be governed by the laws of the State of Texas without regard to any conflict of law provisions. You agree to the personal and exclusive jurisdiction of the courts located within Dallas, TX. You hereby consent to the exclusive jurisdiction and venue of the State and Federal courts in Dallas, Texas in all disputes arising out of or relating to these Terms, our sites and site information.

To the fullest extent permitted by applicable law, no arbitration or claim under these Terms and Conditions shall be joined to any other arbitration or claim, including any arbitration or claim involving any current or former user of our services, and no class arbitration proceedings shall be permitted.

You agree that any cause of action arising out of related to the site or any site information must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

31. GENERAL

You agree that no joint venture, partnership, employment or agency relationship exists between you and EXTRAMILE as a result of the Terms or your use of the Services. The Terms constitute the entire agreement between you and EXTRAMILE with respect to your use of the Services. The failure of EXTRAMILE to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of EXTRAMILE. EXTRAMILE has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the Services. EXTRAMILE's notice to you via email, regular mail or notices or links displayed in connection with the Services shall constitute acceptable notice to you under the Terms. Notice will be deemed received forty-eight hours after it is sent if transmitted via email or regular mail. In the event that notice is provided via links displayed in connection with the Services then it shall be deemed received twenty-four hours after it is first displayed.

32. SUPPORT

EXTRAMILE will provide account support ("Support") to a User via the following methods:

Email: Support@GoTheMile.com

EXTRAMILE strives to respond to Support requests within 48 hours after the request is placed.
2013, mPowerHealth Solutions LLC

© EXTRAMILE All Rights Reserved