Enna Health Terms & Conditions

Section 1.0 - Preamble

Thank you for your interest in Enna Health. Please read the following Terms and Conditions of Service carefully. By accessing and using the Application, visiting the website, or using the Company’s Services, or by otherwise indicating your consent to these Terms and Conditions of Service, you acknowledge that you have read, understood, and agree to be bound by the following Terms and Conditions of Service, including, without limitation, our Privacy Policy contained herein. IF YOU ARE NOT ELIGIBLE OR IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU ARE NOT AUTHORIZED TO USE THE COMPANY’S APPLICATION, WEBSITE OR ANY OF THE SERVICES PROVIDED BY ENNA HEALTH.

 

Section 2.0 - Defined Terms

In addition to any terms defined in the text of these Terms and Conditions of Service, the following definitions apply throughout these Terms and Conditions of Service and any or all Agreements with Enna Health: 

 

“Application”, “website” or “site” refers to the Company's web or mobile application and/or web or mobile website.

 

“Client”, “you”, “your” and “user” refers to you, the person accessing the Application and accepting the Company’s these Terms and Conditions.

 

“Company”, “Enna Health”, “Enna”, “ourselves”, “we”, “our” and “us”, refers to Enna Health Inc., doing business as Enna Health.

 

The terms “party” or “parties” refer to both the Client and the Company, or either the Client or the Company. 

 

“Service” or “Services” refers to any web or mobile based services or information provided by the Company;

 

“Terms” or “Agreement” refers to theses terms and conditions, labeled “Terms and Conditions of Service”, including, without limitation, the Privacy Policy contained herein.

 

Section 3.0 - Interpretation of Defined Terms

Any use of any word contained herein used in the singular, plural, capital, or lower case, are taken as interchangeable and therefore as referring to the same.  Furthermore, any use of pronouns shall be take as interchangeable with the noun to which the pronoun refers.

 

Section 4.0 - Last Updated

These were last updated on November 20, 2018.

 

Section 5.0 - Contact Information

The Services are offered by Enna Health Inc.  You may contact us by email at support@ennahealth.com.

 

Section 6.0 - Eligibility

As part of the Service, the company offers a health forecasting services.  To be eligible to use the Service or access the Application, you must be at least eighteen (18) years of age. By agreeing to these Terms, you represent and warrant to the Company that: (1) you are at least 18 years of age; (2) you have the legal capacity and authority to enter into a legally binding agreement; (3) that you understand that these Terms are a legally binding agreement; (4) that you have read and understand these Terms; (5) that you agree to and accept these Terms in full, without qualification; (6) you are the legal guardian of the child that will be the subject of the Service; and (7) the child that will be the subject of the Service is under the age of 16 years old.

 

Section 7.0 - Use of Cookies

We employ the use of cookies. By using Enna Health's website You consent to the use of cookies in accordance with Enna Health’s Privacy Policy. Most modern day interactive websites use cookies to enable retrieval of user details for each visit. Cookies are used in some areas of Our Site to enable the functionality and ease of use for those people visiting. Some of Our affiliate or advertising partners may also use cookies.

 

Section 8.0 - Privacy Policy

Section 8.1 through Section 8.6 (inclusive of all subsections therein) is the Company’s privacy policy (collectively, the “Privacy Policy”).

 

Section 8.1 - The Information We Collect and/or Receive 

In the course of operating the Application, and the Services, the Company will collect (and/or receive) the following types of information as described in Section 8.1(a) through Section 8.6, and all subsections contained therein. You authorize the Company to collect and/or receive such information.

 

Section 8.1(a) - Personal Information

In order for the Company to provide the Services and operate the Application, you will be asked to provide us with personal information about yourself. All information that you provide to the Company is collectively called “Personal Information.”  The Company does not collect any Personal Information from you unless you use the Application and provide such information voluntarily.

 

Section 8.1(b) - Personal and Family Wellness and Health Information

In order for the Company to provide the Services and operate the Application, you will be asked to provide us with information regarding your health and wellness, including, but not limited to, your health goals, your diet, your lifestyle, your opinions, your medical history, and other information related to your health and wellness (collectively “Personal Wellness Information”). You will also be asked to provide information regarding the health and wellness of your family members, including, but not limited to, their health goals, their diet, their lifestyle, their opinions, their medical history, and other information related to their health and wellness (collectively “Family Wellness Information”). The Company does not collect any Personal Wellness Information or Family Wellness Information from you unless you use the Application and provide such information voluntarily.

 

Section 8.1(c) - Billing Information

In order to purchase the Company’s Services, you will be required to provide certain information necessary to submit payment to the company, such as, without limitation, credit or debit card number, expiration date, billing zip-code, activation code, and other information related to processing your payment for the Services (collectively “Billing Information”). Such Billing Information will be processed by a third party payment vendor, such as, without limitation, Stripe or PayPal, pursuant to the terms and conditions of their privacy policy.

 

Section 8.1(d) - Order Information

When you place an order for the Company’s Services, the Company also collects and/or receives information incidental to or necessary to processing that order (“Order Information”). 

 

Section 8.1(e) - Other Information

The Company, at its sole discretion, may collect any and all additional information as the company sees fit (“Other Information”). Other information may include, without limitation, any information described in Sections 8.1(f)(1) through Section 8.1(f)(3), as follows:

 

Section 8.1(f)(1) - From Your Activity

In an ongoing effort to improve the Application and the Service, the Company may automatically collect certain information when you visit the website, and when you use the Service. Such information may include, without limitation, IP addresses, browser type and language, referring and exit pages and URLs, date and time, amount of time spent on a particular page, what sections of the website you visited, and similar information regarding your use of the Application or Services.

 

Section 8.1(f)(2) - From Cookies

The Company may collect information using “cookie” technology. Cookies are small packets of data that a website stores on your computer’s or mobile device’s hard drive so that the computer will “remember” information about your visit to the website. The Company may use both session cookies (cookies that expire once you close your browser) an persistent cookies (which remain on your computer until they are deleted) to help us collect Other Information and to improve your experience using the Application. If you do not want cookies to be stored on your computer, you may disable and/or delete cookies on your computer, mobile device, and web browser. Please refer to your internet browser’s documentation in order to help you disable and/or delete cookies. 

 

Section 8.1(f)(3) - Third Party Services

The Company may use one or more analytics services to evaluate your use of the Services, compile reports on activity, collect your data, analyze performance metrics, and collect and evaluate other information relating to the Services the company provides to you. By accessing and using the Services, you consent to the processing of data and you acknowledge that these third-party companies use cookies and other technologies to analyze and provide data. You understand and agree to the processing of any data provided by by you on the Application. You further agree that the Company may share or may permit to share third party online advertising networks, social media companies and other third party services, to collect information about your use of our Services over time so that we may play or display ads on our Site, on other devices that you may use, and on other websites, applications or services.

 

Section 8.2 - How We Use and Share Information

You authorize the Company to use the Personal Information, Personal Wellness Information, Family Wellness Information, Order Information, Other Information, and any other information you provide to the Company (collectively “Personally Identifiable Information” or “PII”), to provide and improve the website and the Services; to solicit your feedback; to inform you about our products and services and those of our promotional partners; for other commercially reasonable reasons, and as described in Sections 8.2(a) through Section 8.2(f) below:

 

Section 8.2(a) - Agents, Providers and Related Third Parties
The Company may engage other companies and individuals to perform certain business-related functions on our behalf. Examples may include, without limitation, providing technical assistance, customer service, and marketing assistance. These other companies will have access to PII only as necessary to perform their functions and to the extent permitted by law. We may also share PII with any of our parent companies, subsidiaries, or other companies under common control with us.

 

Section 8.2(b) - Aggregated Information 
In an ongoing effort to better understand our users, we may analyze PII in order to operate, maintain, manage, and improve the Website and the Services and for our own research purposes. This aggregate information typically does not identify you personally.

 

Section 8.2(c) - Business Transfers

As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, PII may be part of the transferred assets.

 

Section 8.2(d) - Legal Requirements

We may disclose PII if required to do so by law, or in a good faith belief that such action or disclosure is necessary or appropriate to: (i) operate the Application or to provide Services; (ii) comply with any legal obligation, report unlawful activity, cooperate with law enforcement, or protect against legal liability; (iii) protect and defend our rights, property, personnel, suppliers, sponsors, agents, contractors, or licensors; or (iv) protect the personal safety of vendors, users of the Application or Services or the public.

 

Section 8.2(e) - Miscellaneous

The Company will not rent, sell or share PII with third parties except as specifically approved or under the circumstances described above. If you do not want us to use or disclose PII collected about you in the ways identified in this policy, you should not use the Application, website, or Services.

 

Section 8.2(f) - Security of PII

Although the Company, at its sole discretion, takes commercially reasonable steps to protect PII from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, that no security system is impenetrable. The Company cannot guarantee the security of our databases, nor can we guarantee that PII you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail sent to or from the Company or on the Application may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.

 

Section 8.3 - Notice to Non-U.S. Residents

The Company and the website and Services are operated in the United States. Please be aware that your information, may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to use the Website and/or the Services, you hereby irrevocably and unconditionally consent to such transfer, processing, and use in the United States and elsewhere.

 

Section 8.4 - External Websites

The Application and the Services may contain links to external sites not controlled by the Company. The Company has no control over the privacy practices or the content of these External Sites. As such, we are not responsible for the content or the privacy policies of such external sites. We advise that you check the applicable third-party privacy policy and terms of use when visiting any other websites.

 

Section 8.5 - California Residents

California residents who have an established business relationship with the Company may choose to opt out of our sharing their Personal Information with third parties for direct marketing purposes. If you are a California resident and (1) you wish to opt out; or (2) you wish to request certain information regarding our disclosure of your Personal Information to third parties for the direct marketing purposes, please send an e-mail to support@ennahealth.com. Furthermore, the Company does not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals.

 

Section 8.6 - Data Retention

We will retain any and all information for as long as your account is active, or as needed to provide you services or until the information is removed from our databases. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at support@ennahealth.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. 

 

Section 9.0 - Using the Application and Services

During the account creation process, you are required to provide us with information about yourself. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date. You will further be asked to create a password. You are solely responsible for maintaining the confidentiality of your account information and password. You agree to accept responsibility for all activities that occur under your account. You may not impersonate someone else or provide an email address other than your own. If you have reason to believe that your account is no longer secure, then you should promptly change your login information and notify us at support@ennahealth.com.

 

When you create your account and submit your PII, you are engaging us to store and maintain it for you so that we may operate and provide the Service. You understand that We reserve the right, in our sole discretion, to terminate your account at any time, and to prohibit your access to the Site and/or the Services, for any reason or no reason and without notice to you.

Any unauthorized use of the Site and/or the Service can lead to your prohibition from the Site and potentially civil and/or criminal prosecution. You may not use any logo or other proprietary graphic or trademark belonging to the Company, or any of its subsidiaries, affiliates, or other partners, as part of a link to the Site without first obtaining the express prior written consent of the Company. The Company does not guarantee continuous, uninterrupted or secure access to its Service or the Site, and you acknowledge that the operation of the Site may be interfered with by numerous factors outside of or within the Company's control.

 

Section 10.0 - Storage of Information 

As part of the Service, you will be asked to share PII, which will be used stored as set forth in these Terms. By providing any information, including PII, to the Company or Service, you consent to the use, transfer, storage, and processing of such information. You further agree to waive any and all claims for privacy or data protection with respect to any and all such information, including PII, and any other information disclosed by you to the Company.

 

If you are domiciled outside of the United States, certain jurisdictions include the option of requesting that the Company delete your personal information at any time from our active databases, subject to the applicable laws and regulations of such jurisdiction. Please note that deletion of this information prior to completion of the Service will result in a cancellation of the Service, and no results will be provided to you. Although we can delete your personal information from our active databases, some or all of your personal information will remain archived in back-ups. Information that has already been de-identified, anonymized, and/or aggregated may not be retrievable or traced back for destruction, deletion, or amendment. If you would like to request that your personal information be deleted from our active databases, please contact us at support@ennahealth.com.

 

Section 11.0 - Ownership and Information of Data

By accessing the Service, you agree that any information or data that you provide to us, including, without limitation, PII, will be collected, stored and utilized by the Company. You agree that, upon being saved in any of our databases or our application, such information or data becomes the property of the Company.  If this section of the Agreement is found to conflict with any section of the Privacy Policy, Section 9.0, or Section 10.0, you agree that this section shall be apply in full force and the conflicting section shall apply to the extent possible to resolve such conflict.

 

Section 12.0 - Solicitation and Opting Out

By accessing the Service, you give the Company permission to contact you to solicit feedback (including through optional surveys, interviews, or testimonials), and describe services provided by the Company and/or other companies, including through personalized newsletters and other content. You can opt out of this communication by notifying us at support@ennahealth.com.

 

Section 13.0 - Payments

You are required to pay a fee to receive Services. You agree to submit payment to the Company in the amount displayed on the Company’s Application at the time of your purchase, net any valid promotional offers consistent with Section 14.0 as contained herein. All fees are in U.S. Dollars, and all payments will be processed by a U.S. bank. If you pay with a credit or debit card, the Company may seek pre-authorization of your account prior to your purchase to verify that the account is valid and has the necessary funds or credit available to cover the fees.

 

Section 14.0 - Promotional Offers

From time to time, the Company may, at its sole discretion, make available promotional offers that may only be available to certain qualifying recipients (each, a “Promotional Offer”). Such Promotional Offers may only be redeemed for Services as performed in the United States in compliance with United States laws, rules, and regulations. Unless otherwise expressly stated by the Company, Promotional Offers may not be combined and may not be resold, forwarded or otherwise transferred to any third party other than the intended recipient, and may not be applied to Services paid for by other persons. The Company reserves the right to modify or discontinue Promotional Offers at any time, or to deny Promotional Offers used in breach of these Terms. If a Promotional Offer is provided to a recipient who is not eligible to receive Services, the Promotional Offer will be null and void. The Company is not responsible if any Promotional Offer is lost, stolen, or destroyed, or if a Promotional Offer is used without the intended recipient’s permission. The Company also reserves the right to void Promotional Offers and close customer accounts if it suspects that a Promotional Offer is obtained, used, or redeemed fraudulently, unlawfully, or otherwise in violation of these Terms, or any applicable law, rule, or regulation.

 

In the event a Promotional Offer is non-functional, your sole remedy, and the Company’s sole liability, will be the replacement of that promotional offer. In no event will the Company be liable to you for any indirect, incidental, special, consequential or punitive damages arising out of or relating to your use of a Promotional Offer, or you inability to use a Promotional Offer, whether based on warranty, contract, tort (including negligence), statute or any other legal theory, whether or not the Company has been informed of the possibility of such damages.

 

When you redeem a Promotional Offer, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms and any dispute that may arise between you and the Company related to your use or receipt of a Promotional Offer. The Company reserves the right to end any Promotional Offer program at any time at its sole discretion. Promotional Offers are not eligible for a refund. Promotional Offers shall expire at the conclusion of the promotional period associated with such Promotional Offer. If no such period is specified, then such Promotional Offer shall expire four (4) months after its first offering or availability.

 

Section 15.0 - Refund Policy and Cancellations

Refunds will only be issued within the first (30) days of the original purchase (the “Return Period”). During the Return Period and upon your request, the Company will issue a full refund to the original payment method if you are dissatisfied with the Service.  If you are not satisfied with the Service, the Company encourages you to contact us at support@ennahealth.com, to determine if the Company can take further action to improve your experience.  After the Return Period, you are not eligible for a return, but you may, however, cancel your subscription to the Service at any time.  Cancellations are effective on the first day of the next billing period after the Client cancels.  So, for instance, if a Client’s membership to the Service re-bills on the the 1st of every month, and that Client cancels on November 15, 2018, that Client’s cancellation would become effective on December 1, 2018.

 

The Company will not issue refunds to any individual other than the original purchaser. The Company will not issue refunds in any form other than to the original payment method.

 

Section 16.0 - License to Use and Proprietary Rights

The Service is owned and operated by the Company. The visual interfaces, graphics, design, compilation, information, data, algorithms, computer code (including source code or object code), analytics, information provided to you by Enna Health as part of the Service, and all other elements of the Service (collectively, the “Proprietary Materials”) provided by the Company are protected by all relevant intellectual property and proprietary rights and applicable laws. Proprietary Materials may not be resold, disclosed to any third parties, distributed, transferred, or used for any purpose without the express prior written permission of the Company. All Proprietary Materials contained in the Service are the property of the Company or our third-party licensors. Except as expressly authorized by the Company, you may not make use of the Proprietary Materials for any commercial purposes, unless otherwise agreed upon herein. The Company reserves all rights to the Proprietary Materials not granted expressly in these Terms.

 

The Company grants you a limited non-exclusive right and license to access and use the site for personal, non-commercial purposes. This license does not include and strictly prohibits: (i) any derivative use of the Site or its contents; and (ii) any use of data mining, robots, or similar data gathering and extraction tools. The site, including its operation, interface and contents, are covered by US copyright laws and international laws and treaties, and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any unauthorized commercial purpose without the express prior written consent of the Company.

 

Section 17.0 - Indemnification

You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify and hold harmless the Company and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the "Company Entities") from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (i) your access to, use of, or alleged use of the Service; or (ii) your violation of these Terms or any representation, warranty or agreements referenced herein, or any applicable law or regulation. We reserve the right, at our own discretion and expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim. 

 

You understand and agree that the Services provided by the Company are specific to you, and are not to be used by, disclosed to, relied upon by any other person. You agree to defend, indemnify and hold harmless the Company and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the "Company Entities") from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected to sharing with any other person information related to the Services in any way.

 

Section 18.0 - No Warranties

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY ENTITIES SPECIFICALLY (WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

 

YOU ACKNOWLEDGE AND AGREE THAT, AS FURTHER SPECIFIED HEREIN, THE COMPANY DOES NOT PROVIDE ANY MEDICAL SERVICES OR MEDICAL ADVICE AND DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR ENDORSEMENTS REGARDING ANY MEDICAL SERVICES OR MEDICAL ADVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING THE COMPANY ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE.

 

SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. HOWEVER, THIS PROVISION SHALL BE ENFORCED TO THE FULL EXTENT ALLOWED BY LAW.

 

Section 19.0 - Limitation of Liability

IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR APPLICATION, OR ANY MATERIALS OR CONTENT ON THE SERVICE OR APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE COMPANY ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT THE AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE), OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT OR OTHERWISE, IS LIMITED TO THE GREATER OF (A) THE PRICE YOU PAID FOR THE SERVICE GIVING RISE TO LIABILITY OR (B) $50 (USD). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. HOWEVER, THIS PROVISION WILL BE ENFORCED TO THE FULL EXTENT ALLOWED BY LAW. 

 

Section 19.1 - Experimental and Cutting Edge Technology

YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE SERVICE AND THE APPLICATION ARE EXPERIMENTAL AND/OR CUTTING EDGE TECHNOLOGIES.  YOU AGREE THAT YOUR USE OF THE SERVICE WILL INCLUDE USING EXPERIMENTAL AND/OR CUTTING EDGE TECHNOLOGIES AND YOU AGREE TO ACCEPT ALL RISKS AND RESPONSIBILITIES FOR USING THE SERVICE AND THE APPLICATION.  The Company will make reasonable efforts to provide you with an update within one year of your initial purchase date, should the Company, in its sole discretion, determine that revisions to the Service would materially change the outcome of the Service that you received.  For example, if the Company’s technology is updated, and such updates would have lead to a significant difference in the service that you received had they been in place at the time of your initial purchase (as determined by the Company in its sole discretion), the Company will notify you of such updates and provide you with updated Services within one year of your initial purchase.

 

 

Section 20.1 - Dispute Resolution Generally

You agree that any and all legal action, proceeding, or disputes arising in connection with these Terms, your use of the Service and your acceptance and use of the Results shall be resolved by binding arbitration governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. Any arbitration hearings will take place at a location to be agreed upon in Fresno County, California, United States. If no arbitrator is available to proceed with hearings in Fresno County, the arbitration proceedings shall take place at a location to be agreed upon in Los Angeles County, California, United States. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, the Service, and the Results, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. If the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse the Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In all other cases, the cost of arbitration shall be shared equally by the parties. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, AND INSTEAD ARE ACCEPTING THE USE OF ARBITRATION. You understand and agree that this agreement to arbitrate binds you and anyone else who may have a claim arising out of or related to all products and services provided to you by the Company, or persons employed or engaged by the Company.

 

Section 20.2 - Exceptions to Dispute Resolution

Notwithstanding subsection 20.1, the Company and you agree that nothing herein will be deemed to waive, preclude or otherwise limit either of our right to: (i) bring an individual action in small claims court; (ii) pursue enforcement actions through applicable federal, state or local agencies where such actions are available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address intellectual property infringement claims.

 

Section 20.3 - No Class Actions

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

 

Section 20.4 - Modifications

In the event that the Company makes any future change to this arbitration provision, you may reject any such change by sending us written notice within thirty (30) days of the change in which case your account with the Company shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.

 

Section 20.5 - Enforceability

If the entirety of this Section 20 (including all subsections therein, such as Section 20.1 through Section 20.4) is found to be unenforceable, then the entirety of this Section 20 (including Section 20.1 through Section 20.4) shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 23 shall govern any action arising out of or related to these Terms.

 

Section 21.0 - Assumption of Risk

You agree and understand that any and all information provided on the Application is based on statistical likelihoods, and that: (1) no such statistical prediction is certain; (2) statistical forecasts regarding future events are uncertain by their very nature; and (3) the Company can make no guarantee as to the occurrence or non-occurrence of any event.  Any and all information provided on the Application is intended to provide you with information regarding long-term health outcomes, and is not intended to be a medical diagnosis, a medical prognosis, medical advice, or medical opinion.  You are exclusively responsible and agree to assume all risk for any all decisions you make in reliance on the information provided in the Application. 

 

For certain customers, the Company may make recommendations regarding your lifestyle or health.  You are advised to consult a licensed physician before making any changes related to your lifestyle or health.  You understand that the Company merely suggests lifestyle or health changes that may be appropriate for you, and that you are fully and exclusively responsible for ensuring that any lifestyle of health change is appropriate for you.  You agree and understand that the Company does not provide any medical advice or opinion, and no information or Services provided by the Company are intended as medical advice or opinion. By proceeding and using the Service, you agree that you alone assume any and all risks that result from using the Service.

 

Section 22.0 - Modification of the Terms

The Company reserves the right to update or modify the Terms at any time without prior notice, and such changes will be effective immediately upon being posted through the Service or on the Site, except as set forth below. These Terms will identify the date of last update. Your use of the Service following any such change constitutes your agreement to be bound by the modified Terms of Use. In the case of material changes to the Terms, the Company will make reasonable efforts to notify you of the change, such as through sending an email to any address you may have used to register for an account, through a pop-up window on the Service, or other similar mechanism. Material changes to these Terms will be effective upon the earlier of: (i) your first use of the Service with actual notice of such change, or (ii) thirty (30) days from posting of such change. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose. We encourage you to review these Terms frequently to stay informed of the latest modifications. Without limiting the generality of the foregoing, no modification to the terms of our agreement to arbitrate disputes will be effective without your express consent, provided that if we propose a change to the terms of our agreement to arbitrate and you do not consent to the change, you must terminate your use of the Service.

 

Section 23.0 - General

These Terms constitute the entire and exclusive understanding and agreement between you and the Company regarding your use of and access to the Service, and, except as expressly permitted herein, may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. These Terms and your use of the Site and Service, and provision of your information, shall be governed by the laws of the State of California without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and the Company agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Fresno County, California for the purpose of litigating all such disputes. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision that by its nature should survive will survive such termination or expiration, including, without limitation, Sections 10 through 32, including all subsections therein.

 

Section 24.0 - Intentionally Omitted

 

Section 25.0 - Termination

These Terms shall continue to have full force and effect unless and until terminated by the Company. The Company may terminate, suspend or restrict any provision of these Terms and the Service at any time in its sole discretion and without notice to you.

 

Section 26.0 - Third-Party Beneficiaries

Nothing contained in these Terms is meant or intended to confer any rights, remedies or benefits upon any third party.

 

Section 27.0 - Use of Third Party Software and Services

From time-to-time the Company may rely or use the software or services of third parties. You understand and agree that the Company does not make any guarantees or warranties for the software or services provided by any third-party.

 

Section 28.0 - Results Not Guaranteed 

The Company cannot and does not guarantee that the Service will provide any particular results.  By accepting these terms and conditions, you acknowledge and understand that the Company’s recommendations are the result of statistical likelihoods, and are neither certain nor foolproof.  You understand and agree that all statistics provided on the Application are based on the best data and methods available to the company at the time the statistics were generated.  Your results may vary.  You further understand and agree that the Company may use cutting edge and sometimes experimental methods to provide you with the information provided in the Application.  

 

Section 29.0 - Customer Testimonials

The Company reserves the right to publish customer testimonials at its sole discretion.  You understand and agree that the Company relies on information provided by customers to publish these testimonials, and that the Company cannot independently verify any information, photographs, or data provided by such customers.  You further agree and understand that, in order to protect the identity of individuals submitting customer testimonials, the Company reserves the right to change in published materials information that may identify the individual providing the testimonial (such as, without limitation, the name of the submitting individual).  You understand that the Company will not intentionally disseminate any information that might identify individuals submitting a customer testimonial, unless the submitting customer specifically authorizes the Company to release such information. 

 

Section 30.0 - Giveaways and Promotions

The company reserves the right to conduct giveaways for promotional purposes.  You understand and agree that the Company will conduct giveaways in accordance with the laws of the State of California, and that you are responsible for ensuring that you comply with all relevant federal laws, and any state and local laws that apply in your jurisdiction.  You understand and agree that you must be 18 years of age or older to be eligible to enter to win the giveaway, and, by participating in any giveaway, you represent that, as of the date of the giveaway is awarded, you are 18 years of age or older.  You further understand and agree that any and all giveaways are to occur only after 1,000 unique submissions have been made, and that the Company reserves the right to cancel the giveaway at any time prior to a winner of the giveaway being publicly named or if the company suspects any entrant of fraud.  You agree and understand that each individual is only eligible to make one submission per giveaway.  You further agree and understand that, should you be selected to receive a giveaway, Enna Health makes no any warranty to the giveaway product, and that you are not entitled to receive any warranty from Enna Health or the manufacturer of the giveaway product.  You further agree to hold harmless and indemnify Enna Health for any and all damage that occurs directly or indirectly from the giveaway or the giveaway product.

 

Section 31.0 - Electronic Signatures 

By using our Services you consent to transact business with the Company electronically.

 

Section 32.0 - Restricted Individuals

You hereby represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.