Terms & Conditions - huskwellness.com

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Thank you for choosing HUSK as your healthy living benefits provider. We are eager and pleased to serve you with a convenient, flexible program. Please be aware of the following rules and guidelines (effective 6/01/08). Note that these rules and guidelines supersede any previous versions that have been published or printed earlier. Please read carefully and bookmark this page, as rules are subject to change.

ELIGIBILITY

By enrolling into HUSK, you have represented and warranted that (A) you are eligible to participate through your employer or group association (or that of your eligible family member); (B) you are at least 18 years of age; and (C) eligible family members who participate in HUSK are your spouse/domestic partner, or your dependent children under the age of 23 who are living at home and/or in school. Participation in HUSK is for new club members only. Membership to a club of which you are currently a member may not available. To activate your membership at the club, A PHOTO ID AND PROOF OF ELIGIBILITY MAY BE REQUIRED.

WAIVER OF LIABILITY

By enrolling into HUSK, you agree to accept and follow the posted and written rules and regulations of each HUSK Network Club you utilize. It is expressly agreed that the use of Club facilities, participation in Club-sponsored activities or events and transportation provided by the Club shall be undertaken by you or your guest at your sole risk, and HUSK, its affiliates, subsidiaries, officers, directors, employees, agents, consultants, information providers or suppliers, your Employer/Organization and the Club shall not be responsible or liable for any injuries or damages whatsoever, including those arising from negligence. HUSK, your Employer/Organization and the Club shall not be responsible or liable to you or your guest for articles damaged, lost or stolen in or about the Club, or in lockers, or for the loss of any property including, but not limited to, automobiles and contents thereof. You hereby release and forever waive any claims you may have against HUSK, its affiliates, subsidiaries, officers, directors, employees, agents, consultants, information providers or suppliers, your Employer/Organization and the Club for losses or damages you sustain in your participation in the HUSK Program. You are liable to the Club for any damage you or your guests cause to the Club’s equipment or facilities.

PRIVACY

You agree that your customer information, including but not limited to your name, eligibility information, eligibility identifier (if any), valid mailing address, valid telephone number, email address, date of birth, gender, information about your membership type, information about your membership usage, and any other information used to deliver or monitor the services and products which you are receiving, may be accessed by HUSK, entities for whom it is acting as an agent (such as your employer, your insurer, or the group by which you claim eligibility) and/or entities acting as HUSK’s agent (such as clubs or other fulfillment agents). Customer information is retained indefinitely, unless removal is requested by the user and no ongoing business relationship occurs (such as a past due balance, outstanding orders, etc.) Privacy disputes may be registered in the following ways: via email: privacy@huskwellness.com or via postal mail: HUSK, Attn: Privacy, 230 Sugartown Road Suite #220 Wayne, PA 19087.

MEMBERSHIP OPTIONS

Transfer

Club to club and member to member transfers are available at many clubs. You may be able to transfer your membership to another Club within the HUSK Network by contacting HUSK. If you have a Commit or LifeStyle Membership and for some reason are unable to fulfill the initial commitment period, you may be able to transfer your membership to another HUSK eligible individual. A $15.00 transfer fee is assessed for each transfer request. All transfers are effective by noon on the first of each month. If you wish to transfer your membership mid-month, a prorated amount for the new fitness center will be charged. You may call to request a transfer at 800-294-1500

Freeze

The freeze option is available with a Commit or Lifestyle membership at many fitness centers. If you have a Commit or Lifestyle Membership you may freeze your membership for up to 2 months, by giving HUSK prior Notice. Notice must be received by the 18th of the month in order for your membership dues to be frozen at the end of that month. If a freeze request is received after the 18th of the month, the freeze will be effective at the end of the next month. You will be assessed a $15 freeze-processing fee for every freeze request. If your freeze occurs during the initial term of your agreement (the commitment period), the period of the freeze will not count toward the fulfillment of your minimum initial term commitment. Rather, the initial term will be extended by the period of any freeze.

CANCELLATION

Consumers Right to Cancellation

You may cancel this contract without any penalty or further obligation by giving HUSK Notice of and cancellation within three (3) days from this date. HUSK will refund all monies paid pursuant to such contract within fifteen business days of receipt of such notice of cancellation.

Cancellations of Non-Commit Membership Agreements

Non-Commit memberships may be cancelled by submitting a cancellation request 30 days prior to the next electronic billing date. Late requests for cancellation will be processed and applied at the end of the following month.

Cancellations of Commit and Lifestyle Membership Agreements

Commit and Lifestyle Memberships may be cancelled during their commitment period only due to (A) relocation of your physical residence beyond a 10-mile radius of the club or another comparable HUSK network fitness club willing to accept your original contract; or (B) a physician advising that you abstain from exercise at a fitness club for a period in excess of two months; or (C) death. Prior Notice and all supporting documentation must be received by HUSK by the 18th of the month for cancellation to be effective at the end of that month. Backdated supporting documentation does not obligate HUSK to refund past payments. If a cancellation request is received after the 18th of the month, the cancellation will be effective at the end of the next month. Cancellation for any reason other than those stipulated herein permits HUSK to continue collecting monthly payments for the duration of your commitment period.

At the end of their commitment term, all Commit and Lifestyle Memberships become Non-Commit Memberships and may be cancelled in accordance with the provisions for cancelling Non-Commit Memberships.

MEMBERSHIP BILLING

A contractual agreement has been reached between you and HUSK. Therefore, you have authorized your bank to make payments by the method indicated via Electronic Funds Transfer (EFT). All billing is processed electronically. Any balance due on your account from prior periods will be billed to you on the next regularly scheduled billing date. You are responsible for providing HUSK with prior Notice of all EFT changes.

A fifteen dollar ($15.00) return-processing fee will be charged to your account when a check or an EFT Billing is returned from a bank account or when a credit card is denied (i.e. insufficient funds, changed or closed account, over limit, etc.). If a return does occur, HUSK can suspend or cancel this membership. You would then remain liable to HUSK for full dues plus any return fees. After two consecutive returns on a Commit or Lifestyle Membership, the total balance of your membership term will be charged on the next billing date. Change of payment method will not affect other provisions and terms of this agreement. All memberships and pricing are subject to change and availability.

Fitness Center Closing – Refund Policy

Club Closing (days from enrollment)

Participating HUSK Club within 10-mile radius of customer’s home zip code

No Participating HUSK club within a 10-mile radius of customer’s home zip code

Within 30 days

No refund of Activation Fee.

No refund of Monthly Dues – this will be offset by dues for club to which customer can transfer.

Transfer fee waived.

Full refund of Activation Fee.

Refund of a prorated amount of monthly dues for the period the customer was not able to use the club.

Transfer fee waived.

Between 30 â€“ 60 days

No refund of Activation Fee.

No refund of Monthly Dues – this will be offset by dues for club to which customer can transfer.

Transfer fee waived.

Refund of 50% of Activation Fee.

Refund of a prorated amount of monthly dues for the period the customer was not able to use the club.

Transfer fee waived.

Between 60 and 90 days

No refund of Activation Fee.

No refund of Monthly Dues – this will be offset by dues for club to which customer can transfer.

Transfer fee waived.

Refund of 25% of Activation Fee.

Refund of a prorated amount of monthly dues for the period the customer was not able to use the club.

Transfer fee waived.

After 90 days

No refund of Activation Fee.

No refund of Monthly Dues – this will be offset by dues for club to which customer can transfer.

Transfer fee waived.

No refund of Activation Fee.

Refund of a prorated amount of monthly dues for the period the customer was not able to use the club.

HUSK does not refund any money paid for non-usage or early cancellation.

NOTICES

All written notices to HUSK under this Agreement (Notice) should be sent by certified/registered mail to: HUSK, HUSK, 230 Sugartown Road Suite #220 Wayne, PA 19087, or via email at: customerservices@huskwellness.com. A Customer Service Representative can be reached at 800-294-1500, Monday through Friday, from 8:30 A.M. to 5:00 P.M. Eastern.

MISCELLANEOUS

It is your responsibility to update HUSK with any changes to your billing account (including account number and card expiration date) and personal contact information (including name, mailing address, etc.). Any false information given to HUSK by you will result in the automatic cancellation of the membership with no refund of any monies paid. HUSK reserves the right to amend or add to these Policies, to change prices and fees, and to adopt new rules and conditions, as it may deem necessary.

These Terms of Use (“Terms”) are a contract between you and Global Affiliates, Inc., dba HUSK (“HUSK”, “we,” or “us”) and govern your access to and use of any HUSK mobile application (such as for iPhone or Android), content, or products and/or services made available through HUSK (collectively, the “app”). Please read these Terms carefully before accessing and using the app.

1. Terms of Use

a) Acceptance of Terms. By accessing and/or using the app, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use the app. b) Amendment of Terms. HUSK may amend the Terms from time to time. Unless we provide a delayed effective date, all amendments will be effective upon posting of such updated Terms. Your continued access to or use of the app after such posting constitutes your consent to be bound by the Terms, as amended. c) Additional Terms. In addition to these Terms, when agreeing to particular offers, products, services or features, you will also be subject to any additional posted guidelines, terms, or rules applicable to such offer, product, service, or feature.

2. Platform

a) The HUSK Platform. The HUSK platform provides evidence-based virtual health and nutrition services. Users can meet virtually with a Registered Dietitian who will implement a complete 1-on-1 nutrition program specifically designed to meet their health goals, individual needs, and busy lifestyle. Users can utilize the application to interact with a Registered Dietitian, schedule appointments and track progress against goals and nutrition plan. HUSK should not be used in place of a physician. b) Meetings with a Registered Dietitian. Each user will be assigned to a Registered Dietitian when registering on the application (“Services”) through the redemption of their employer’s dedicated company code and the setup of their account profile in the HUSK mobile application. Eligible users can schedule the Services directly through the HUSK mobile application. HUSK reserves the right to modify meeting times and available services. HUSK reserves the right to modify the number of sessions or services a user can book. c) Offers. Clients may earn points for completing activities within a calendar year in the HUSK app. Clients may redeem these points for a variety of healthy living products that can be changed at any time based on available inventory. HUSK will issue the healthy living product once we have been paid for all completed visits that the client has earned points for. HUSK may offer other special rewards and/or incentives with differing conditions and limitations. HUSK reserves the right to modify, terminate or otherwise amend our offerings at any time. d) Availability and Allocation. HUSK does not guarantee the availability of provider services and availability may change over time. HUSK determines the type, quantity, allocation, and availability of provider services offered through the HUSK mobile application. e) HUSK Access. To access HUSK you must have access to the Internet. The app is available for download through Apple App and Google Play stores. We continually update, modify, and test various aspects of the HUSK platform. We reserve the right to, and by using our service you agree, that we may, include you in or exclude you from these tests without notice. f) Reservation and Cancellation of Services. As a HUSK user, you must reserve and cancel your HUSK appointment only through the HUSK mobile application.

3. Insurance and Payment

a) Payment Methods. You understand HUSK will request payment of benefits from your primary insurance company be made directly to HUSK. HUSK is acting in filing for insurance benefits assigned and it can assume no responsibility for guaranteeing payment of any charges from the insurance company(s). b) Non-payment. You authorize HUSK to disclose any and all written information from the insurance company and/or its designated representatives, at the determination of HUSK. Such disclosure shall be for reimbursement purposes for services received. You understand that your authorization will not be used unless the insurance company(s) or their designated representatives request records of information for reimbursement purposes or seek to take action reference payment for treatment services. HUSK will act as your representative and on your behalf in any proceeding that may be necessary to seek payment from your insurance carrier. This includes receiving a copy of your insurance plan’s documents. HUSK shall be entitled to the full amount of its charges without offset. c) Refunds. Should an overpayment take place, a refund check will be mailed to the authorized party that is due the overpayment.

4. Other Fees

a) Fees We Charge. In the event your visit with a Registered Dietitian is not covered by insurance, you will be obligated to pay out-of-pocket for the services rendered. You will receive an invoice for all services. We reserve the right to change the policy regarding when we charge fees, to introduce additional fees, and to change the amount of any such fees at any time. b) Third-Party Fees for Using HUSK. You are responsible for all third-party charges and fees associated with connecting and using the app, including fees such as Internet service provider fees, telephone and computer equipment charges, sales tax, and any other fees necessary to access the app.

5. Termination or Modification

a) Termination or Modification. You understand and agree that, at any time and without prior notice HUSK may (1) terminate, cancel, deactivate and/or suspend your account, any meetings booked, and your access to or use of the App, and/or (2) discontinue, modify or alter any aspect, feature or policy of the App. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us is to cancel or terminate your account.

6. Eligibility; Registration Information and Password; App Access

a) Eligibility Criteria. The availability of our App is limited to eligible users that have a valid access code issued through their employer or health plan. b) Subscribing Organizations. If you are using or opening an account on behalf of a company, entity, or organization (a “Subscribing Organization”), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization. c) Account Information. You agree that the information you provide to HUSK during the registration process is true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account.

7. User Conduct

You agree not to:

Harass, threaten, disrupt or defraud other users, HUSK staff, or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment;
Impersonate another person or access another user’s account;
Share HUSK-issued passwords with any third party or encourage any other user to do so;
Cancel any classes, gym workouts, or services booked through HUSK, directly with a Partner, rather than through the HUSK mobile application;
Misrepresent the source, identity, or content of information transmitted via the App, including deleting the copyright or other proprietary rights;
Upload material (e.g. virus) that is damaging to computer systems or data of HUSK or users of the App;
Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others; or
Upload or send to App users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content.

8. Electronic Signatures and Agreements

You acknowledge and agree that by clicking on buttons labeled “REGISTER,” “SUBMIT”, “DOWNLOAD”, “SCHEDULE VISIT”, “JOIN” or such similar links as may be designated by HUSK to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE APP OR SERVICES OFFERED BY HUSK. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

9. Waiver and Release

HUSK is a provider of Registered Dietitian Services. Should you need medical attention, you should contact your physician or other appropriate medical service provider. Although HUSK reasonably attempts to provide services of high quality, HUSK is not responsible for the quality of any service. You understand that there are certain inherent risks and dangers in seeking advice and counsel from a Registered Dietitian, and services provided cover a range of topics. By booking meetings with a Registered Dietitian through HUSK you acknowledge and agree, on behalf of yourself, your heirs, personal representatives that you are aware of these risks which include, but are not limited to, illness, bodily injury, or death. You acknowledge that some of these risks cannot be eliminated and you specifically assume the risk of injury or harm. You acknowledge and agree that it is your responsibility to consult with your primary care physician prior to meeting with a Registered Dietitian to determine if and how participating in this service is appropriate for you. You also understand and agree that the App offers nutrition, health, and fitness information that is designed for informational and educational purposes only. The use of any information provided on the App is solely at your own risk. Therefore, to the fullest extent permitted by law, you release, indemnify, and hold harmless HUSK, its parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives, and agents, and each of their respective successors from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities arising out of or in any way related to your participation in or use of services or the App, including with respect to bodily injury, physical harm, illness, death, or property damage. You also release HUSK, its officers, agents, employees and any clinical staff associated with your case, from all liability that may arise as a result of disclosure of information to the insurance company(s) or their designated representatives.

10. Indemnification: Hold Harmless

You agree to indemnify and hold HUSK its affiliated companies, and its suppliers and partners harmless from any claims, losses, damages, liabilities, including attorneys’ fees, arising out of your misuse of the App, violation of these Terms, violation of the rights of any other person or entity, or any breach of your representations, warranties, and covenants set forth in these Terms.

These Terms of Use (“Terms”) are a contract between you and Global Affiliates, Inc., dba HUSK (“HUSK,” “we,” or “us”) and govern your access to and use of any HUSK mobile application (such as for iPhone or Android), content, or products and/or services made available through HUSK (collectively, the “App”). Please read these Terms carefully before accessing and using the App.

1. Terms of Use

a) Acceptance of Terms. By accessing and/or using the App, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use the App. b) Amendment of Terms. HUSK may amend the Terms from time to time. Unless we provide a delayed effective date, all amendments will be effective upon posting of such updated Terms. Your continued access to or use of the App after such posting constitutes your consent to be bound by the Terms, as amended. c) Additional Terms. In addition to these Terms, when agreeing to particular offers, products, services, or features, you will also be subject to any additional posted guidelines, terms, or rules applicable to such offer, product, service, or feature.

2. Platform

a) The HUSK Platform. The HUSK platform provides evidence-based virtual health and nutrition services. Users can meet virtually with a Registered Dietitian who will implement a complete 1-on-1 nutrition program specifically designed to meet their health goals, individual needs, and busy lifestyle. Users can utilize the application to interact with a Registered Dietitian, schedule appointments, and track progress against goals and nutrition plans. HUSK should not be used in place of a physician. b) Meetings with a Registered Dietitian. Each user will be assigned to a Registered Dietitian when registering on the application (“Services”) through the redemption of their employer’s dedicated company code and the setup of their account profile in the HUSK mobile application. Eligible users can schedule the Services directly through the HUSK mobile application. HUSK reserves the right to modify meeting times and available services. HUSK reserves the right to modify the number of sessions or services a user can book. c) Offers. Clients may earn points for completing activities within a calendar year in the HUSK app. Clients may redeem these points for a variety of healthy living products that can be changed at any time based on available inventory. HUSK will issue the healthy living product once we have been paid for all completed visits that the client has earned points for. HUSK may offer other special rewards and/or incentives with differing conditions and limitations. HUSK reserves the right to modify, terminate or otherwise amend our offerings at any time. d) Availability and Allocation. HUSK does not guarantee the availability of provider services and availability may change over time. HUSK determines the type, quantity, allocation, and availability of provider services offered through the HUSK mobile application. e) HUSK Access. To access HUSK, you must have access to the Internet. The App is available for download through Apple App and Google Play stores. We continually update, modify, and test various aspects of the HUSK platform. We reserve the right to, and by using our service you agree, that we may include you in or exclude you from these tests without notice. f) Reservation and Cancellation of Services. As a HUSK user, you must reserve and cancel your HUSK appointment only through the HUSK mobile application.

3. Insurance and Payment

a) Payment Methods. You understand HUSK will request payment of benefits from your primary insurance company be made directly to HUSK. HUSK is acting in filing for insurance benefits assigned and it can assume no responsibility for guaranteeing payment of any charges from the insurance company(s). b) Non-payment. You authorize HUSK to disclose any and all written information from the insurance company and/or its designated representatives, at the determination of HUSK. Such disclosure shall be for reimbursement purposes for services received. You understand that your authorization will not be used unless the insurance company(s) or their designated representatives request records of information for reimbursement purposes; or seek to take action reference payment for treatment services. HUSK will act as my representative and on my behalf in any proceeding that may be necessary to seek payment from my insurance carrier. This includes receiving a copy of my insurance plan’s documents. HUSK shall be entitled to the full amount of its charges without offset. c) Refunds. Should an overpayment take place, a refund check will be mailed to the authorized party that is due the overpayment.

4. Other Fees

a) Fees We Charge. In the event your visit with a Registered Dietitian is not covered by insurance, you will be obligated to pay out-of-pocket for the services rendered. You will receive an invoice for all services. We reserve the right to change the policy regarding when we charge fees, to introduce additional fees, and to change the amount of any such fees at any time. b) Third-Party Fees for Using HUSK. You are responsible for all third-party charges and fees associated with connecting and using the App, including fees such as Internet service provider fees, telephone and computer equipment charges, sales tax, and any other fees necessary to access the App.

5. Termination or Modification

a) Termination or Modification. You understand and agree that, at any time and without prior notice, HUSK may (1) terminate, cancel, deactivate, and/or suspend your account, any meetings booked, and your access to or use of the App, and/or (2) discontinue, modify, or alter any aspect, feature, or policy of the App. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us is to cancel or terminate your account.

6. Eligibility; Registration Information and Password; App Access

7. User Conduct

You agree not to:

Harass, threaten, disrupt, or defraud other users, HUSK staff, or otherwise create or contribute to an unsafe, harassing, threatening, or disruptive environment;
Impersonate another person or access another user’s account;
Share HUSK-issued passwords with any third party or encourage any other user to do so;
Cancel any classes, gym workouts, or services booked through HUSK, directly with a Partner, rather than through the HUSK mobile application;
Misrepresent the source, identity, or content of information transmitted via the App, including deleting the copyright or other proprietary rights;
Upload material (e.g. virus) that is damaging to computer systems or data of HUSK or users of the App;
Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others; or
Upload or send to App users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content.

8. Electronic Signatures and Agreements

You acknowledge and agree that by clicking on buttons labeled “REGISTER,” “SUBMIT,” “DOWNLOAD,” “SCHEDULE VISIT,” “JOIN” or such similar links as may be designated by HUSK to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. Pursuant to any applicable statutes, regulations, rules, ordinances, or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE APP OR SERVICES OFFERED BY HUSK. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

9. Waiver and Release

HUSK is a provider of Registered Dietitian Services. Should you need medical attention, you should contact your physician or other appropriate medical service provider. Although HUSK reasonably attempts to provide services of high quality, HUSK is not responsible for the quality of any service. You understand that there are certain inherent risks and dangers in seeking advice and counsel from a Registered Dietitian, and services provided cover a range of topics. By booking meetings with a Registered Dietitian through HUSK you acknowledge and agree, on behalf of yourself, your heirs, personal representatives that you are aware of these risks which include, but are not limited to, illness, bodily injury, or death. You acknowledge that some of these risks cannot be eliminated and you specifically assume the risk of injury or harm. You acknowledge and agree that it is your responsibility to consult with your primary care physician prior to meeting with a Registered Dietitian to determine if and how participating in this service is appropriate for you. You also understand and agree that the App offers nutrition, health, and fitness information that is designed for informational and educational purposes only. The use of any information provided on the App is solely at your own risk. Therefore, to the fullest extent permitted by law, you release, indemnify, and hold harmless HUSK, its parent, subsidiaries, or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives, and agents, and each of their respective successors from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities arising out of or in any way related to your participation in or use of services or the App, including with respect to bodily injury, physical harm, illness, death, or property damage. You also release HUSK, its officers, agents, employees, and any clinical staff associated with your case, from all liability that may arise as a result of disclosure of information to the insurance company(s) or their designated representatives.

10. Indemnification: Hold Harmless

You agree to indemnify and hold HUSK, its affiliated companies, and its suppliers and partners harmless from any claims, losses, damages, liabilities, including attorneys’ fees, arising out of your misuse of the App, violation of these Terms, violation of the rights of any other person or entity, or any breach of your representations, warranties, and covenants set forth in these Terms.

Welcome to Husk Movement! These Terms of Use (“Terms”) are a contract between you and Global Affiliates, Inc. (Husk Movement or Husk) and govern your access to and use of any Husk Movement mobile application (such as for iPhone or Android), content, or products and/or services made available through Husk Movement (collectively, the “app”). Please read these Terms carefully before accessing and using the app.

1. Terms of Use

a) Acceptance of Terms. By accessing and/or using the app, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use the app. b) Amendment of Terms. Husk may amend the Terms from time to time. Unless we provide a delayed effective date, all amendments will be effective upon posting of such updated Terms. Your continued access to or use of the app after such posting constitutes your consent to be bound by the Terms, as amended. c) Additional Terms. In addition to these Terms, when agreeing to particular offers, products, services, or features, you will also be subject to any additional posted guidelines, terms, or rules applicable to such offer, product, service, or feature.

2. Platform

a) The Husk Movement Platform. The Husk Movement platform is an aggregator of fitness and wellness partners (Partners) that allow users to book and purchase classes, day passes, personal training services, etc. from Husk and offered by Husk Venue Partners. Husk Movement is not a gym, fitness studio, or service provider and does not own, operate or control any of the classes, services, or facilities accessible through the app. b) Eligible Classes, Passes, and Services. Each user receives access to book and purchase studio classes, day passes, or personal training sessions (“Services”) through the redemption of their employer’s dedicated company code and the setup of their account profile in the Husk Movement mobile application. Eligible users must purchase reservations for Services directly through the Husk Movement mobile application. Husk and its Venue Partners reserve the right to modify class formats, class times, available services, and available inventory. Husk reserves the right to modify the number of classes or services a user can book, pricing, and Venue Partner access. c) Offers. Husk may offer special promotional pricing with differing conditions and limitations. Husk reserves the right to modify, terminate, or otherwise amend our offerings at any time. d) Availability and Allocation. Husk does not guarantee the availability of particular locations, classes, or other inventory, and availability may change over time. Husk and Husk Venue Partners determine the type, quantity, allocation, and availability of classes, day passes, and personal training sessions offered through the Husk Movement mobile application. e) Husk Movement Access. To access Husk Movement you must have access to the Internet. The app is available for download through iTunes Connect and Google Play stores. We continually update, modify, and test various aspects of the Husk Movement platform. We reserve the right to, and by using our service you agree that we may include you in or exclude you from these tests without notice.

3. Purchases

a) Payment Methods. All purchases must be made with a debit or credit card. Husk accepts Visa, Discover, American Express, and Mastercard. You may edit your payment method information through the application. If we cannot charge your payment method on file, your purchase will not be completed until you have updated your account with a valid method of payment. b) Refunds. Our fees for class and day pass reservations, as well as personal training sessions, are refundable if the user submits a valid cancellation request for the reservation at least 24 hours in advance of the start time of the class or service. Refunds will not be issued for class or personal training sessions in the following circumstances:

User cancels a class, day pass, or personal training session reservation less than 24 hours in advance.
User does not show up and check-in for a scheduled class, day pass, or personal training session. Any additional discounts or refunds Husk may choose to provide are at our sole discretion. Future discounts or refunds for similar instances are not guaranteed.

c) Price Changes. Husk reserves the right to adjust pricing and reservation fees at any time. Unless we expressly communicate otherwise, any price changes will take effect immediately and will be posted on the Husk Movement mobile application. d) Reservation and Cancellation of Services. As a Husk Movement user, you must reserve and cancel your Husk Movement reservations only through the Husk Movement mobile application. e) Promotions. From time to time, we may make available promotional plans (including employer-sponsored promotions). Promotions and promotional plans may be redeemed as described in the specifics of the promotion and may be subject to additional or different terms.

4. Other Fees

a) Fees We Charge. Your Husk Movement reservation purchase covers your access to Eligible Classes, Passes, and Personal Training Sessions. The purchase of a Gym Partner day pass allows access to the facility all day as dictated by the facility operating hours for the reservation date. We reserve the right to change the policy regarding when we charge fees, to introduce additional fees, and to change the amount of any such fees at any time. b) Fees Charged by Venues. In addition to the purchase of classes, day passes, and personal training sessions, some Venue Partners may also charge equipment or other amenity fees that you will be responsible for directly. For example, some Venue Partners might charge extra to rent a yoga mat, boxing gloves, or cycling shoes. In addition, Husk Movement only gives you access to the class, day pass period, or service for which you booked on the Husk Movement mobile application (and at the specified time and location). You are responsible for fees for access to any other classes or services offered by a Venue Partner that are not part of the available inventory on Husk Movement. c) Third-Party Fees for Using Husk. You are responsible for all third-party charges and fees associated with connecting and using the app, including fees such as Internet service provider fees, telephone and computer equipment charges, sales tax, and any other fees necessary to access the app.

5. Termination or Modification

a) Termination or Modification. You understand and agree that, at any time and without prior notice Husk may (1) terminate, cancel, deactivate, and/or suspend your Venue Partner access, your account, any orders placed, and your access to or use of the App, and/or (2) discontinue, modify, or alter any aspect, feature, or policy of the App. Upon any termination, we may immediately deactivate your account and all related information and/or bar any further access to your account information and the App. Upon any such termination by us without cause, as your sole recourse, we will issue you a pro-rata refund of the prepaid portion of booked services or day pass purchases (less any fees or costs for classes or services already used). If we determine that you have violated these Terms or otherwise engaged in illegal or improper use of the App, you will not be entitled to any refund and you agree that we will not be responsible to pay any such refund. You agree that Global Affiliates, Inc. will not be liable to you or any third party for any termination or modification to the service regardless of the reason for such termination or modification. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us is to cancel or terminate your subscription.

6. Eligibility; Registration Information and Password; App Access

a) Eligibility Criteria. The availability of our App is limited to eligible users that have a valid company access code issued through their employer or health plan. b) Subscribing Organizations. If you are using or opening an account on behalf of a company, entity, or organization (a “Subscribing Organization”), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization. c) Account Information. You agree that the information you provide to Husk Movement during the registration process is true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account.

7. User Conduct

You agree not to:

Harass, threaten, disrupt, or defraud other users, Husk staff, Husk Partners, or otherwise create or contribute to an unsafe, harassing, threatening, or disruptive environment;
Impersonate another person or access another user’s account;
Share Husk Movement-issued passwords with any third party or encourage any other user to do so;
Cancel any classes, gym workouts, or services booked through Husk Movement, directly with a Partner, rather than through the Husk Movement mobile application;
Misrepresent the source, identity, or content of information transmitted via the App, including deleting the copyright or other proprietary rights;
Upload material (e.g. virus) that is damaging to computer systems or data of Husk Movement or users of the App;
Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others; or
Upload or send to App users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content.

8. Electronic Signatures and Agreements

You acknowledge and agree that by clicking on the button labeled “I ACCEPT,” “I AGREE,” or such similar links as may be designated by Husk Movement to accept these Terms of Use, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms of Use and Conditions.

9. Copyright and Intellectual Property

a) App Content, Software, and Trademarks. You acknowledge and agree that the content, software, and all materials available on the App, including without limitation, the Husk Movement name, and logo, are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. b) Limited License. Husk Movement grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the App and the content, materials, and information therein solely for your personal use. Except as expressly permitted in writing by Husk Movement, you agree not to reproduce, duplicate, modify, distribute, sell, trade, resell, or exploit for any commercial purposes, any portion of the App.

10. Indemnification

a) Indemnity. You agree to indemnify, defend, and hold harmless Husk Movement, its officers, directors, employees, agents, partners, Venue Partners, suppliers, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account) violation of these Terms of Use. Husk Movement reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

11. Disclaimer of Warranties

a) AS IS. The App and the information, content, services, products, and materials contained or offered therein are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Husk Movement disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. b) No Warranty. Husk Movement does not warrant that the App or any function contained therein will be uninterrupted or error-free, that defects will be corrected, or that the App or the servers that make it available are free of viruses or other harmful components.

12. Limitation of Liability

a) Limitation. In no event shall Husk Movement be liable to you for any indirect, incidental, special, consequential, or punitive damages (including, without limitation, loss of profits, data, use, good-will, or other intangible losses) resulting from (i) your access to or use of or inability to access or use the App; (ii) any conduct or content of any third party on the App; or (iii) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

13. Dispute Resolution

a) Arbitration. Any dispute, controversy, or claim arising out of or relating to these Terms or the breach thereof, shall be resolved by arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules.

14. General Terms

a) Governing Law. These Terms of Use and any dispute arising out of or in connection with these Terms shall be governed by the laws of the state of California, without regard to its conflict of law principles. b) Entire Agreement. These Terms of Use constitute the entire agreement between you and Husk Movement and govern your use of the App, superseding any prior agreements between you and Husk Movement (including, but not limited to, any prior versions of the Terms of Use). c) No Waiver. The failure of Husk Movement to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. d) Severability. If any provision of these Terms of Use 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 that the other provisions of these Terms of Use remain in full force and effect. e) Headings. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. By clicking “I Agree” you are indicating that you have read and understand these Terms of Use and agree to be bound by them. If you have any questions about these Terms of Use, please contact us at support@huskmovement.com.

By using the Global Affiliates, Inc., (“Husk ” or “Company”) website, you agree to these Terms and Conditions of Use (“Terms & Conditions” or “Terms of Use”). We reserve the right to modify, add, or remove portions of these Terms & Conditions at any time. You are responsible for regularly reviewing these Terms & Conditions prior to each time you access or use the website. By using the Husk website after we post any changes to these Terms & Conditions, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms & Conditions, you should not use this website or the content contained therein.

USER OBLIGATION

Use of this website constitutes your acknowledgement and acceptance of these Terms of Use, which take effect on the date on which you first use the site. You must be aged 18 or over to use this site. By accessing, using and/or downloading materials from this site, you agree on your own behalf to abide by the Terms of Use set forth below. Husk reserves the right to change these Terms of Use at any time by posting changes online and it is your responsibility to refer to and comply with these terms on accessing the site. Your continued use of this site after changes are posted constitutes your acceptance of these Terms of Use as modified. If these Terms of Use are not fully accepted by you, you do not have permission to access the contents of this site and therefore should cease using this site immediately. If there is any conflict between these Terms of Use and any other specific rules and/or specific terms of use appearing on this site relating to specific material, then the latter shall prevail. As a member and user of Husk , you agree to: (a) maintain all equipment necessary for your access to and use of the website; (b) maintain the security and confidentiality of your user identification, password and other confidential information relating to your account; (c) provide accurate, true, current and complete information about yourself and promptly provide any updates necessary to keep such information accurate, true, current and complete at all times; (d) be responsible for all charges resulting from use of your account, including unauthorized use prior to your notifying us of such use and taking steps to prevent its further occurrence by changing your password; (e) not impersonate another person or entity; (f) not submit, post or transmit any unlawful, infringing, harmful, threatening, abusive, harassing, defamatory, untrue, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, violate the publicity and privacy rights of others, or otherwise violate any applicable local, state, national or international law; (g) not use the website to introduce, transmit or otherwise distribute viruses, worms, time bombs or other computer programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; and (h) not to use the website for chain letters, junk mail, “spamming” solicitations (commercial or otherwise) or bulk communications of any kind.

OUR RIGHTS AND OBLIGATIONS

For as long as Husk continues to offer services, Husk shall provide (and seek to update, improve and expand, in similar and different new ways) the Husk Rewards platform and service with the purpose of providing all participants with program access, through Husk proprietary tools, rules and protocols which Husk may update, improve, discontinue and change at any time, at Husk ‘s sole discretion. We allow you to access Husk as it may exist and be available on any given day. We have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Husk, partially or entirely, or to charge and modify prices for Husk. All of these changes shall be effective upon their posting on our site or by email communication to you. We reserve all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Husk and all related items. Husk reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice. For avoidance of doubt, Husk has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services. Husk may include or automatically produce links to third party websites (“Third Party Sites”). Husk is not responsible for and does not endorse any advertising, products or other materials on or available from such websites or resources. Husk may also include articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). If you decide to leave Husk and access the Third-Party Sites or to use or install any Third-Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from Husk or relating to any applications you use or install from the site. You acknowledge and agree that we may send you important information and notices regarding the Service by email or through other means, including mobile or other hand held devices. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service. You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide 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 this Agreement; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Husk , the Husk Affiliates, its Users and the public.

COPYRIGHTED MATERIALS AND INTELLECTUAL PROPERTY

All copyright, trademarks and other intellectual property rights in this site (including the design, arrangement, look and feel) and all material or content supplied as part of the site shall remain at all times the property of Husk or Husk licensors. In accessing the Husk site, and downloading material expressly permitted, you agree that you do so only for your own personal, non-commercial use.

AGE REQUIREMENTS

In order to use the website, you must be at least 18 years of age or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age. Individuals who are under the age of 18 or the legal age to form a binding contract in their jurisdiction (“Minors”) are prohibited from using the website. Accordingly, if you are a Minor, please do not attempt to register for the website or send any information about yourself to us, including your name, address, telephone number, or email address. In the event that we learn that we have collected personal information from a Minor, we will delete that information as soon as reasonably practicable.

CONSULT A PHYSICIAN

Not all exercises or activities described on the website are suitable for everyone. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury and/or death. If you feel discomfort or pain, immediately stop the activity causing such discomfort or pain. The website should not be used by people who have adverse medical or nutritional conditions. Regular physical activity is fun and healthy, and growing numbers of people are becoming more active every day. Although being active is very safe for most of us, some people should check with their doctor before starting to increase how physically active they are. The Husk programs are designed and intended for adults aged 18-65 with no significant health problems. No information provided by Husk is intended to contradict or replace medical advice or to constitute medical advice. Any person who has recently received or is currently receiving any medical treatment should consult their Doctor for medical clearance and we also discourage women who are pregnant, or who have recently given birth and are still awaiting for their post-natal medical check-up from starting new exercise activities.

MOBILE SERVICES

Certain parts of the Husk program may be available via your mobile phone or accessible on your mobile phone through a downloadable application (“Mobile Services”). In using Mobile Services, you agree that we may communicate with you by SMS/text message, MMS, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In addition, use of the Mobile Services may cause icons and data to be displayed on and through your mobile device, which data may be updated on a periodic basis by connecting to and transferring data from servers through the Internet and/or communication systems to provide content updates and to populate your mobile device with new information. By using Mobile Services, you hereby explicitly agree to the foregoing service functionality. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Husk account information to ensure that your messages are not sent to the person that acquires your old number. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. Finally, by using any downloadable application to enable your use of the Mobile Services, you are explicitly confirming your acceptance of the terms of the mobile End User License Agreement provided at download. By requesting that you be notified about upcoming activity commitments, you have requested Husk to send you information. By submitting your request, you agree that the information is not unsolicited and that Husk, or any of its affiliates or service providers, may send the information to you using various types of technology, including any cell phone number or email address that you provide or have provided to us.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE AND YOUR FOLLOWING OR ADHERING TO THE ADVICE AND INFORMATION CONTAINED HEREIN IS AT YOUR SOLE RISK INCLUDING, WITHOUT LIMITATION, RISK OF INJURY OR DEATH, AND THAT THE WEBSITE, AND THE INFORMATION, CONTENT, ADVICE, PROGRAMS, GOODS AND SERVICES MADE AVAILABLE THEREIN, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN REGARD TO THE WEBSITE AND ALL CONTENT, INFORMATION AND MATERIAL THEREON AND PRODUCTS AND SERVICES MADE AVAILABLE THEREIN, HUSK EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY AND COMPLETENESS, FREEDOM FROM COMPUTER VIRUS AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY OPINION, ADVICE, STATEMENT OR OTHER INFORMATION AVAILABLE THROUGH THE WEBSITE SHALL BE AT YOUR SOLE RISK. HUSK DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE OR ITS SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR BE OF A CERTAIN QUALITY, OR THAT THE WEBSITE OR ITS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR ERROR- FREE, OR THAT DEFECTS IN THE WEBSITE, IF ANY, WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. YOU FURTHER UNDERSTAND AND AGREE THAT THE INTERNET IS COMPOSED OF MANY PRIVATELY OWNED SYSTEMS AND NETWORKS OF TELEPHONE WIRES AND SWITCHES AND WIRELESS TECHNOLOGIES AND IS DEPENDENT FOR ITS ONGOING OPERATIONS UPON COMPUTERS AND OTHER ELECTRONIC HARDWARE THAT ARE OFTEN UNSTABLE AND SUBJECT TO MALFUNCTIONS, AND, THEREFORE, IT IS THE INHERENT NATURE OF THESE SYSTEMS AND NETWORKS, AND THE INTERNET TO EXPERIENCE SYSTEMS AND HARDWARE FAILURES, PACKET LOSSES AND DOWNTIME. ACCORDINGLY, YOU HEREBY RELEASE AND FOREVER DISCHARGE HUSK FROM ANY AND ALL COSTS, LOSSES AND LIABILITY OR DAMAGES RESULTING FROM DOWNTIME CAUSED BY ANY OF THE FAILURES DESCRIBED OR REFERRED TO ABOVE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HUSK OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, INDIRECT OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUES, BUSINESS, USE, DATA OR OTHER INTANGIBLES), WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF THE COMPANY HAD BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. WE FURTHER DISCLAIM ANY LIABILITY CAUSED BY INTENTIONAL OR UNINTENTIONAL NEGLIGENCE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Company and their respective officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from your access or connection to, or use of this website, including without limitation claims arising out of information or content submitted to this website by you, your violation of a third party’s intellectual property or other rights, or any claims alleging facts that if true would constitute a breach by you of these terms and conditions. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the Company’s defense of such claims.

LAW AND JURISDICTION

These Terms & Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any principles of conflicts of law. You consent to the jurisdiction and venue of the state in Philadelphia, Pennsylvania and federal courts in the Eastern District of Pennsylvania, in all disputes arising out of or relating to the use of this website, provided, however, that the Company may enforce its rights under this Agreement in any jurisdiction.

PRODUCT PURCHASED FROM THIRD PARTY COMPANIES

We may make certain products and services available to you through links to third party websites. Before you purchase any products or services through any such third party website, we urge you to carefully review any such third party’s privacy, security, return and guarantee policies. Your correspondence or business dealings with any such third party, including payment for and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Husk shall not be responsible or liable for any loss, claim, or damages of any sort incurred as a result of any dealings with any such third party.

CHANGES TO OUR POLICY

Any changes we may make to our Terms of Use in the future will be posted on our website and, where appropriate, notified to you by e-mail. We reserve the right to change our Terms of Use at any time. Non-material changes and clarifications will take effect immediately, and material changes will take effect within 30 days of their posting on this site. If we make changes, we will post them and will indicate at the top of this page the policy’s new effective date. If we make material changes to this policy, we will notify you here, by email, or through notice on our home page.

DISCLAIMER FOR PHYSICAL ACTIVITY

Please be advised that there are risks involved in participating in any exercise program. By participating in any exercise, classes, etc. participants are assuming all risks of injury that might result. Husk, our instructors, and our third parties shall not be liable for any claims for injuries or damages whatsoever, resulting from or connected with the use of this site. We further disclaim any liability caused by intentional or unintentional negligence.