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11/18/2025 1:58 PM

E2M Terms of Service

 

Last updated November 18, 2025.

 

1.1.         Introduction.

 

Welcome to E2M! We are excited to partner with you for your wellness journey!

 

These Terms of Service (“Terms”) are a legally binding document, so we encourage you to read them carefully and download or print a copy for your records and future reference. We have tried to make them straightforward and use plain English. However, if you have any questions at all, please contact us at contact@e2mfitness.com.

1.1.                        Welcome and Agreement to Our Legal Terms.

 

These Terms explain your rights, and our rights, with respect to your use of our website, Facebook page, and Apps, (collectively, our “Platforms”) along with any other tools and services (collectively, our “Services”) we offer. These Terms are a binding agreement. By using our Services, you accept and agree to these Terms, as well as our Privacy Policy. If you do not agree with any of these Terms, unfortunately, you may not use our Services.

“We” are Eager to Motivate Fitness, LLC, a North Carolina (U.S.A.) Limited Liability Company whose principal office address is 1233 The Plaza, Charlotte, North Carolina 28218. Our Registered Agent is Capitol Corporate Services, Inc., 176 Mine Lake Court, Suite 100, Raleigh, North Carolina 27615. Throughout these terms, we may sometimes refer to ourselves, our Services, and our Property as “E2M”, the “Company”, “Us”, or “Our”. When used in conjunction with Terms that describe our intellectual property, “we” means only Eager to Motivate Fitness, LLC. With respect to all other Terms, “we” means Eager to Motivate Fitness, LLC, along with its related entities, owners, employees, representatives, affiliates, licensors, and

 

service providers.

 

“You” are our valued Client, and will be called “You” or “Client” throughout these Terms. Our Services are offered and may be used only by people who are at least 18 years of age. By using our Services, you are assuring us that you are at least 18 years old. If you are not yet 18, please do not use our Services, including our website, Facebook page, or Apps until you are 18.

By using our Services, you also represent that you are healthy enough to safely engage in the workouts and nutrition and mental fitness programs included in our Services. If you are unsure about whether you are healthy enough, please consult with your medical care professional before using the Services, and do not use the Services if your medical care professional discourages it. For more information, please read Section 5.12.4. below.

1.2.                   Updates to the Terms.

 

We will sometimes revise these Terms. We will not notify you when we do. By using the Services and Platforms, you acknowledge that we have no obligation to notify you when we change the Terms. Because we will not provide notification of changes, please come back to this page and review the Terms on a regular basis, because you will be bound by, and obligated to comply with, any revised Terms.

1.3.                   Our Services

 

E2M is a 100% virtual health and wellness program designed for adults in all stages of their wellness journey. E2M and its affiliates collectively offer workouts, nutrition, mental fitness, and motivation to help you achieve your goals. Specific offerings will differ based on your category of membership and which of the E2M affiliates you engage with or purchase products or services from. E2M’s collective offerings include low impact workouts, mindset guidance, and motivation to support you through your journey. We are focused on keeping the process convenient, fun, and simple. We provide these Services through the Platforms, as defined above. These Terms describe your, and our, obligations and rights with respect to the

 

Services and Platforms.

 

Our Services support three categories of Membership for clients: (a) E2M Fitness Legacy Members, (b) E2M Fitness 2.0 Members, and (c) E2M Premium Members. These Terms apply to and bind Clients in any of these categories of Membership.

New clients can no longer register for E2M Fitness Legacy Membership and E2M Fitness 2.0 Membership. We no longer offer any “lifetime” benefits to new clients. However, existing clients who signed up before registration was closed continue to have access to all the Services that they purchased as part of their Membership.

 
   

1.4.                   Platform Access May Be Eliminated, Changed, or Restricted.

 

We can restrict access to any or all Platforms (including, without limitation, our website, Facebook page, and App) for any reason, at any time. We are not financially or legally liable for any reasonable Platform unavailability or downtime. We may change, supplement, or withdraw our content from a Platform, and our doing so does not give you any legal claims or financial recourse.

You are responsible for obtaining and maintaining all computer hardware, software, communications equipment, facilities, and equipment needed to access the Services, and for paying all third-party access charges (for example, charges of internet or telecommunications service providers) incurred in connection with using our Services.

2.0.                   Our Security and Your Safety.

 

  • Personal

 

You will need to provide current, accurate personal information to access the Platforms and use our Services. This information may include, without limitation, your name, images of yourself, email address, and credit card information. We may track your fitness progress and your visits to the Platforms. You understand that any information you give us will be governed by

 

our Privacy Policy, and you agree to comply with the terms of our Privacy Policy.

 

2.2.                   Login Information.

 

We may provide you with a username, password, or other information necessary to access our Platforms. You agree to keep this information confidential and not provide it to other people, because you understand that the Platforms contain valuable intellectual property that belongs solely to E2M and because providing this information to others could jeopardize your privacy rights, and the privacy rights of others. We are not liable for any unauthorized transactions made using your username or password.

You agree that the information you provide to obtain your username, password, or account will be true, accurate, and complete, and that you will update it as necessary for continued accuracy.

You will promptly contact us regarding any unauthorized use or access of your username, password, or other personal identifying information or of any other breach of security you learn of involving this Platform.

 

If we conclude you have violated any Term of Use or Privacy Policy, we may disable your access to the Platforms or terminate your membership.

 

2.3.                   Hyperlinks from Our Platforms.

 

If our Platforms contain links to sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to our Platforms, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

3.0                   Intellectual Property, Other Kinds of Property, and Content of Our Platforms.

 

We exclusively own any content appearing on our Platforms. You waive important ownership rights, and have significant responsibilities associated with, anything you contribute to the Platforms. Please review the following carefully before you view or contribute anything to the Platforms.

3.1.                   Intellectual Property Ownership.

 

We exclusively own all right, title, and interest, including all related intellectual property rights for the content we provide as part of our Services and on our Platforms. We refer to this as our “Content” or “Contents”. We exclusively own the Platforms and Services, and their entire Contents, aspects, features, functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and their arrangement), know-how, other proprietary information, and all documents and other content we provide as part of our Services is owned by the Company. Our Content is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

3.2.                   Trademarks.

 

Our name, logo, and the names, slogans, marks, brands and logos associated with the Services are our trademarks, and we give you no right or license to use them. Other trademarks, logos, and trade names of third parties that may appear on the Platforms are the property of their respective owners. We reserve all rights in and to the Services and the Content in our Platforms not expressly granted to you in these Terms.

3.3.           You   May   Not   Distribute    Our   Intellectual Property or Other Platform Content.

 

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our Content.

 

Without limitation, you must not modify copies of our Content; use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or delete or alter any copyright, trademark, or other proprietary rights notices from copies of Content. If you wish to make any use of our Content other than that set forth in these Terms, please email contact@e2mfitness.com. If you print, copy, modify, download, or otherwise use or provide any other person with access to any portion of the Content in breach of the Terms, we will immediately terminate your right to use the Services and Platforms and you must, at our option, return or destroy any copies of the Content you have made. No right, title, or interest in or to the Content is transferred to you.

3.4.           Material    You   Post    on   Our   Platforms    or Otherwise Provide to Us Belongs to Us.

 

By submitting, disclosing, or offering any video, review, photograph, image, written text, comments, feedback, suggestions, ideas, notes, drawings, concepts, and any other information, content or material, or other item (“Client Contribution” or “Contribution”) to our Platforms or us, either online or offline and whether or not we solicit it, you grant to us an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit your Client Contribution and all copyright, trade secret, trademark, or other intellectual property rights therein, in any manner or medium now existing or later developed (including but not limited to print, film, or electronic storage devices), and the exclusive right to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise exploit all such materials on any Platforms we currently offer or develop in the future, without compensation of any kind to you or any third party.

You have all necessary right, power, and authority to grant the license set forth herein to your Client Contribution, and you affirm that your Client Contribution does not violate, misappropriate, or infringe any copyright, trade secret, trademark or other intellectual property right of any third party.

 

You will take, at our expense, any further action (including, without limitation, execution of affidavits and other documents) that we reasonably request to effect, perfect, and confirm the license you grant us to your Client Contribution.

Whether we publish any Client Contribution is within our sole discretion, and we are under no obligation to publish or use any Client Contribution. If your Client Contribution is published, used, or posted on our Platforms or if we use it in any way, we may include your name, likeness, photo or biographical information in conjunction with such publication, posting, or use. By submitting, disclosing, or offering a Client Contribution, you give us the right to use your name in connection with the publication, use or posting of your Client Contribution.

We may remove any Client Contribution for any reason or no reason. We may disclose to third parties the identity of anyone who posts or contributes if we reasonably conclude that the Client Contribution violates any law or jeopardizes anyone’s safety, or as necessary to address claims by third parties. If contacted by law enforcement, we have the right to provide them with any of your information that they request. You agree to waive any claims you may have, and hold us harmless from, any damages arising from disclosure to third parties as described in this Section.

You understand that you, not E2M, are solely responsible for any Client Contributions. You have full responsibility for your Client Contribution, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of anything you, or any user of the Platforms, posts.

We do not review Client Contributions before they are posted on the Platforms, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by you or anyone else. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.

 

3.5.                   Posting Your Contributions.

 

The Platforms include discussion forums or other interactive areas, and allow you to post content that is part of your Client Contribution, as defined above. You may not use these forums and interactive areas for commercial purposes. You are solely liable for any material you upload or transmit to the discussion forums or interactive areas of the Platforms. You agree not to use the Platforms to do any of the following:

  • Upload, post, e-mail, transmit, distribute or otherwise publish any message, information, text or other material that may be considered to be unlawful, harmful, libelous, tortious, defamatory, obscene, vulgar, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful, or racially, ethnically or otherwise objectionable;
  • Upload or transmit any material that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, and relevant regulation or any financial or securities system rules;
  • Upload, e-mail, transmit, or otherwise make available any material that might infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
  • Impersonate any person or entity or otherwise misrepresent your affiliation with a person or Online impersonation can violate the criminal law in some states;

 

  • Without our written permission, distribute, publish, or make available any unsolicited or unauthorized promotions, advertising or solicitations for funds, goods or services, including junk mail, spam, and chain letters;
  • Harm other people or their interests in any way; or

 

  • Upload, post, e-mail, transmit, or otherwise make available any material that contains software viruses or any

 

other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

 

3.6.                   Copyright Infringement.

 

If you believe that anything appearing on our Platforms violates your copyright, please email contact@e2mfitness.com. We terminate the user accounts of repeat infringers.

 

3.7.                   Do Not Unquestioningly Rely on Our Content.

 

The Content we give you through our Services and the Platforms is carefully researched and thought out, valuable, and intended to enrich your wellness journey and quality of life. However, we do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Platforms or user of the Content, or by anyone who may be informed of any of its Contents.

The Platforms may include content provided by third parties, including materials provided by other users, bloggers, advertisers, service providers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the Content we provide, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

4.0                   Privacy.

 

Our Privacy Policy is part of these Terms. Compliance with it is a condition of your use of the Platforms and our Services. Please review our Privacy Policy.

 

5.0                   Apple and Google Applications End User License Agreement.

 

Our Platforms include Applications (“App” or “Apps”) for Apple iOS and Google Apps, which may be downloaded through Apple’s App Store or the Google Play Store, and potentially from other sources. This Section governs your use of these Apps, (including all related documentation). The Application is licensed, not sold, to you.

By installing the App, you acknowledge that you have read, understand, and agree with these Terms and our Privacy Policy, and are at least 18 years old. If you do not agree to the Terms and Privacy Policy, please delete the App and do not use it.

5.1.                   License Grant.

 

Subject to our Terms and Privacy Policy, we grant you a limited, non-exclusive, and nontransferable license to:

 

  • download, install, and use the App for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the App’s documentation, and
  • access, stream, download, and use on such Mobile Device the Content and Services made available in or otherwise accessible through the App, strictly in accordance with our Terms and our Privacy Policy.

5.2.                   License Restrictions.

 

Except as may be expressly permitted by applicable law or expressly authorized by the Application, you shall not:

 

  • copy the App, except as expressly permitted by this license;

 

  • modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the App;

 

  • reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof;

 

  • remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
  • rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time;
  • use any robot, spider, or other automatic device, process, or means to access the App for any purpose, including monitoring or copying any of the material on the App;

 

  • use any manual process to monitor or copy any of the material on the App, or for any other purpose not expressly authorized in this Agreement, without our prior written consent;
  • frame, mirror, or otherwise incorporate the App or any portion of the Application as part of any other mobile application, website, or service;

 

  • use the App in any manner that could disable, overburden, damage, or impair the App or interfere with any other party’s use of the Application;

 

  • remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application; or,
  • use the App in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems;   aircraft   navigation   or

 

communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.

5.4.                   Reservation of Rights.

 

You acknowledge and agree that we provide our App under license, and we are not selling it to you. You do not acquire any ownership interest in the App under this Agreement, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. We, and its licensors and service providers, reserve and shall retain our entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

5.5.                   Collection and Use of Your Information.

 

You acknowledge that when you download, install, or use the App, we may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the App. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the App or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through this App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

5.6.                   Content and Services.

 

The App may provide you with access to our website located at https://e2mfitness.com/ and products and Services

 

accessible thereon, and certain features, functionality, and Content accessible on or through the App may be hosted on the website. Your access to and use of such Content and Services is governed by these Terms and Privacy Policy. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms and Privacy Policy and/or to register with the website, and your failure to do so may restrict you from accessing or using certain of the App’s features and functionality.

5.7.                   International Use Limitations.

 

The Platforms, Content, and Services are based in the State of North Carolina in the United States of America and currently designed for use by people located in the United States. You may not be able to access some or all of the Services or Content outside of the United States, and access by certain people or in certain countries may not be legal. We are developing policies for overseas Clients. However, we cannot yet be certain that we fully comply with the data collection and other policies of every nation in which a person accessing our Platforms, Content, and Services may reside, make no representations regarding same, and cannot be responsible for any lack of compliance therewith. If you access the Platforms, Content, and Services from outside the United States, you are responsible for compliance with local laws. Please email us at contact@e2mfitness.com with any questions, concerns, or comments regarding these international use limitations, and please check these Terms regularly for anticipated updates pertaining to international matters.

Notice to Clients Located in European Union: We do not currently collect data for a legitimate (or any) interest without consent by relying on the terms of the European Union’s General Data Protection Regulation (“GDPR”) or similar statute.

5.8.                   Updates.

 

We may from time to time in our sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain

 

features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:

  • the Application will automatically download and install all available Updates; or

 

  • you may receive notice of or be prompted to download and install available Updates.

 

You will download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate if you do not do this. All Updates are part of the App and are subject to all Terms in our Agreement.

5.9.                   Third Party Materials.

 

The App may display, include, or make available third party content (including data, information, applications, and other products, services, and/or materials) or provide links to third party websites or services, including through third party advertising (“Third Party Materials”). We are not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. We are not liable or responsible to you or any other person or entity for any Third Party Materials. Third Party Materials and links to them are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

5.10.                    Term and Termination.

 

Terms in this Section 5 governing use of Apps commence when you download and install the Application and will continue in effect until terminated by you or Company as set forth in this Section 5.10.

  • Company may terminate this Agreement at any time without notice if it ceases to support the Application,

 

which Company may do in its sole discretion, or for any reason or no reason. Your rights to use the App will terminate immediately and automatically without any notice if you violate any of the Terms.

  • Upon termination, all rights granted to you in these Terms will terminate; and you must cease all use of the App and delete all copies of the App from your Mobile Device and account.
  • Termination will not limit any of our rights or remedies at law or in equity.

 

5.11.                   Terms Specific to Apple.

 

Apple requires us to expressly tell you several factors as a condition of making our App available on its platform.

  • Apple is not responsible for our App or for providing App
  • Apple is not liable for any damages you or anyone else incurs related to the App.
  • Apple makes no warranties regarding the

 

  • Apple is   not   responsible  for   any   compliance   issues associated with the App.
  • Apple may enforce the End User License Agreement as stated in this Section 5.
  • Apple and its subsidiaries are third party

 

5.12.                    Miscellaneous.

 

The following Terms are stated in our Privacy Policy or elsewhere in these Terms, but we reiterate them here to be sure that you know about them.

 

5.12.1.                   Biometric Data.

 

Biometric data is a set of unique physical data that can be used to identify you, such as your fingerprints or facial structure. E2M does not receive, store, collect, or process biometric data.

 

If you allow it to, your device (not E2M) may collect biometric data, subject to the policies of the third party (such as Apple) that provides your device’s operating system.

 

For example, Apple Face ID may use facial recognition. However, that process occurs entirely on your device and the information is not shared with or stored by E2M. Apple’s Face ID is optional, and its Face ID authentication remains on your device. In that instance, Apple’s policies would govern collection and storage of your biometric data. E2M would not be part of that process.

5.12.2.                    You Can Turn Off Push Notifications.

 

Our Apps may use “push notifications”. A push notification is an alert sent by a third party app directly to the user’s device, even when the app is closed. These notifications may appear as banners on the lock screen or home screen, can show a badge on the app icon, and may include sounds, vibrations, or quick action buttons. They are used for a wide range of purposes, such as account alerts, reminders, updates, and promotional notifications.

Whether you allow push notifications is up to you. You may consent or decline to consent. If you do not want to receive push notifications, you can turn them off in your device’s settings.

5.12.3.                    You Can Initiate Account Deletion on the

App.

 

You can initiate deletion of your App data in the App. The App features a “request account deletion” option. This will take you to our website, which has instructions for deleting your personal information from our Apps.

Please keep in mind that deleting the App does not cancel any billing on our website (for instance, if you are billed for

 

your subscription through our website). To end billing through our website, visit the website.

We will delete all your personal data when you request deletion, except that we will not delete any information we are required to retain for legal, security, or fraud prevention purposes.

5.12.4.                   Health and Fitness Disclaimer.

Our App does not provide medical advice and is not a medical device. Our content is for educational purposes only. You and any user should consult a medical professional before beginning any of our programs.

6.0                      Purchases Through Our Platforms.

 

All prices listed on our Platforms are in U.S. dollars. You agree to pay the price that is stated at the time of order, along with any applicable sales taxes. Prices and availability of products and Services are subject to change without notice. We strive to avoid errors in pricing and product information. Nonetheless, errors occur and will be corrected when discovered. We reserve the right to withdraw any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and regardless of whether the order has been confirmed and your credit card charged. If you believe someone has made unauthorized use of your account or you are being charged for a product or service that you did not receive, please use the contact us at contact@e2mfitness.com.

7.0       Our Platforms and Services are Based in the United States and Designed to Comply with the Laws of the United States.

 

We control and operate the Platforms from our offices in North Carolina in the United States of America. We make no representation that the Platforms, our Content, Services, Client Contributions, and/or the products featured on the Platforms or via our Services are appropriate, legal, or available outside the United States. Please see Section 5.7 of these Terms for more information.

 

8.0                      How We Communicate With Each Other.

 

  • We May    Use    Third    Party    Platforms    to Communicate With You.

 

We may use independent, third-party platforms, including Twilio for transactional and other communications with you. By providing us with your mobile telephone number, you agree to receive text message notifications from us via Twilio. Mobile data rates may apply.

All clients have the option to discontinue receiving communications from us by text message. For more information on how to opt out of receiving texts messages from Twilio, please refer to our Privacy Policy. We are not responsible for any mobile data rates that may apply.

9.0                      Dispute Resolution.

 

By using the Services and accessing the Platforms, you waive certain rights if a dispute arises between us and litigation occurs.

 

9.1.                   Forum, Venue, and Choice of Law.

 

This Agreement shall be governed and interpreted by the laws of the State of North Carolina without regard to any conflict of laws provisions. Any disputes related to breach or enforcement of this Agreement exclusively will be litigated in a state or federal court sitting in Charlotte, Mecklenburg County, North Carolina. You agree that you are subject to personal jurisdiction in Mecklenburg County, North Carolina for any disputes with us related to the Platforms and Services.

You will not construe it, as a waiver of any provision or right, if we do not insist upon or enforce strict performance of any of these Terms. If a court decides any of these Terms is invalid, you agree that the court should endeavor to give effect to the intentions as reflected in the provision, and the other Terms remain in full force and effect.

9.2.                   Waiver of Trial by Jury.

 

E2M, at our option, may request a jury trial in any litigation between us. However, if we decide to waive a jury trial, you agree to waive a jury trial as well. In other words, whether we have a jury trial is the sole decision of E2M, alone.

9.3.                   Attorney Fees and Costs.

 

If we prevail in any legal dispute, you will be responsible for our reasonable attorney fees and legal costs.

 

9.4.   Disclaimer of Warranties.

 

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE OF THEM, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR

 

FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

9.5.   Limitation of Liability.

 

IN NO EVENT WILL WE OR OUR DIRECTORS, OWNERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,          CONSEQUENTIAL,                               EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE 6 MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE  DISCLAIMERS  OR  LIMITATIONS  MAY  NOT

 

APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

9.6.                      Indemnification.

 

You will defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your contributions; (2) use of the Services; (3) breach of these Terms; (4) any breach of your representations and warranties set forth in these Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

9.7.                   Limitation on Time to File Claims.

 

To the extent allowed by law, you must file suit on any claim relating to these Terms or the Services within 1 year after the claim accrues, or else it is barred forever.

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