Terms and Conditions, Privacy Policy

Unless a prior agreed-upon set of Negotiated Terms and Conditions has been established between Vimocity and Company, the following Terms and Conditions shall apply:

You ( “you”) are being provided by your employer (“Employer”) with access to certain injury prevention tools and services (“Services”) offered by Vimocity, Inc. (Vimocity) through its proprietary web and mobile based applications and sites, including Vimocity’s marketing website, web application, iPhone and Android phone apps, and the movement tools offered therein (collectively, the “Vimocity Platform”). Your use of the Vimocity Platform and the Services are subject to and governed by these Terms and Conditions (these “Terms”), as well as the Privacy Policy set forth below and, if you choose to participate in a Vimocity Rewards Program, the terms and conditions of thereof as set forth below:

Please read these Terms of Use carefully before using the Vimocity Platform or utilizing the Services. If you have any questions about these Terms, please contact us at 206-400-6634. We encourage you to review these Terms carefully and regularly as you use the Vimocity Platform. This is a legally binding agreement - by creating an account and clicking to accept these Terms, as well as by using the Vimocity Platform (or even just browsing it), or utilizing the Services, you are agreeing to these Terms If you don’t agree with these Terms, you are not authorized to use this Platform or utilize the Services. Vimocity reserves the right, at any time, to modify, alter, or update the Platform, Services, any related policies and these Terms.

As used in these Terms of Use, the terms “Vimocity,” “we”, “our”, and “us” mean Vimocity, Inc. and its assigns, and the terms “Terms of Use” and “Terms” mean this document, including the Privacy Policy.

No Medical Advice or Personal Health Information

The materials on the Vimocity Platform and accessible through the Services are intended to provide you with access to useful injury prevention information and tools, and general health and educational information, exercise and fitness related instruction, and interactive health-related tracking resources. All materials, including texts, graphics, images, audio and video, available on the Vimocity Platform and through the Services are for informational and instructional purposes only and are not a substitute for professional medical advice, diagnosis, and/or treatment of injuries. The information presented on the Platform and through the Services, including as a result of your individual Functional Movement Screen (“FMS”) test score, and mobility screen, are individualized in response to the information provided by you and your FMS test score, but it is not personalized health information, medical advice, or professional guidance for any personal health condition or injury you may have. The materials available on the Platform and through the Services are intended to be helpful and educational, but none of the materials was or will be developed, nor are they intended or should they be construed by you, as a diagnosis or treatment.

The information and instructions available on the Vimocity Platformand through the Services are intended for and should exclusively be used by individuals who do not exhibit any signs or symptoms of a health condition, injury or illness. The exercise and fitness instructions included in these materials are meant to be preventive, and intended to help you attain enhanced wellness and prevention of injury and illness. If you have, or suspect you may have a health condition or injury, you should consult your health care provider for specific medical advice. You should not disregard any advice or treatment from your health professional based on your interpretation of what you may read or see on the Platform. If you want or need information related to your personal health condition, please contact your healthcare provider.

Nothing on this Platform or available through the Services is intended to be, and cannot be taken to be, the practice of medicine or any other healthcare profession for which a license, certification, or other credential is required. Your access to or use of the does not in any way create a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on the part of Vimocity.

Site Contents

Unless otherwise noted, the design of the Vimocity Platform, the Platform as a whole (including the underlying software), and all content and other materials that are part of the Platform (collectively, “Contents”) are proprietary to Vimocity and represent copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by Vimocity or its affiliates. Any use of the Contents, other than in the access and use of the Platform and the Services in accordance with the Terms, without Vimocity’s express written consent is strictly prohibited.

The Contents are intended solely for your personal, noncommercial use, and you may not copy the Contents displayed on the Platform for your personal, noncommercial use. No right, title, or interest in any Contents is granted or transferred to you as a result of such copying. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents of the Vimocity Platform or Services. Unauthorized use of the Contents is expressly prohibited by law, and may result in severe civil and criminal penalties.

Video Production During COVID-19

All media produced after COVID-19 restrictions followed health guidelines to ensure the safety of the video producers and crew. If you have any questions, please reach out to Dana@vimocity.com.

Assumption of Risk

You are aware that participation in exercise and/or fitness activities may create a serious risk of injury and you knowingly and freely assume all such risks, known and unknown, even if arising from the negligence of others. You agree to assume the full risk of any bodily injury, personal injury, illness, death, or property damage that may result from your participation in any manner, in activities coordinated, sponsored, or recommended by the materials or tools on this Platform and through the Services.

Medical Evaluation Recommended

Vimocity makes no evaluation or recommendation whether you are sufficiently fit for any exercise activities, including the exercise and/or fitness activities recommended in response to your individual FMS test score. Before engaging in any exercise or fitness activities, including those that may be described and/or made accessible through the Vimocity Platform and the Services, you should consult with a qualified healthcare provider. Vimocity, its staff, and the content-providers are not licensed or otherwise credentialed medical care providers, are not rendering personal medical advice or treatment, and have no expertise in advising on, diagnosing, examining, or treating personal health conditions or injuries of any kind, or in determining the effect of any specific exercise or activity on a personal health condition.

Prohibited Activities

The Vimocity Platform is provided for your educational and informational use. In order to keep the Services working efficiently and appropriately, you are prohibited from using the Platform in such a manner as to damage, destruct, impair in any way, disable, overburden, or introduce computer viruses to the Platform; attempting to access restricted areas of the Platform through any means; or interfering with the use of the Platform by a third party.
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Denial of Access

These Terms of Use constitute an agreement that is effective unless and until terminated by Vimocity. If in Vimocity’s sole discretion you fail to comply with any term or provision of this agreement, Vimocity may deny you access to its Platform and the Services. In the event of denial of access by Vimocity, you are no longer authorized to use the Platform or the Services, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall continue in force. These Terms of Use constitute the entire agreement between you and Vimocity relating to the subject matter addressed herein.

By using the Vimocity Platform, you represent and warrant that you are 18 years of age or older. Your account may be terminated without warning if we believe that you are less than 18 years of age.
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Voluntary Disclosure Disclaimer

You are strongly advised not to share any of your personally identifiable information or personal health information in any of your interactions that are made publicly available on the Platform, such as in the comments section of our blog posts. Please note that if you voluntarily make personal information publicly available online, that information can be collected and viewed by visitors to Vimocity’s Platform. There is no assurance of privacy with respect to information you post in such forums. Disclosure of information is at your own risk.

User Created Content

The Vimocity Platform may permit, in certain areas, the submission of content by users of the Platform (“User Content”), and the sharing or publishing of such User Content. You are solely responsible for any User Content you submit, and you affirm, represent and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content and to enable inclusion and use of the User Content in the manner contemplated by these Terms of Use.

Jurisdiction and Governing Law

The Vimocity Platform originates and is intended for use in the United States. Vimocity does not claim that any information or material on the Platform is appropriate for or may be used outside the United States. Access to information or materials may not be legal by certain persons or in certain countries. If you access the site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The disclaimers, terms, and conditions of use in these Terms of Use are governed by the laws of the State of Washington, USA. By using this Platform, you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, USA in all disputes arising out of or relating to the use of this Platform. If any portion of these Terms of use is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. Vimocity’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

Indemnity

You agree to defend, indemnify, and hold us harmless from and against any claims, actions or demands, including without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms of Use or your uploading of, access to, or use or misuse of the Contents or Services. We will provide notice to you of any such claim, suit, or proceeding and will assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

Disclaimer of Warranties

The use of this Platform is solely at your own risk. While Vimocity seeks to provide useful, high quality information through the Platform, Vimocity cannot guarantee that any information or the Platform is accurate, complete, current, error-free, or free of viruses, worms, or other malicious software. All of the information and related graphics on the Vimocity Platform (and the Platform itself and the Services) are provided on an “as is” and “as available” basis.

Vimocity expressly disclaims all warranties of any kind with respect to this Platform whether express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose and non-infringement. Vimocity expressly disclaims any responsibility for the actions of any other users of this Platform. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Vimocity makes no warranty that this Platform will meet your requirements, or will be uninterrupted, timely, secure, current, accurate, complete, or error-free or that the results that may be obtained by use of the site will be accurate or reliable. You understand and acknowledge that your sole and exclusive remedy with respect to any defect in or dissatisfaction with the site is to cease to use this Platform and the Services. You may have other rights which may vary from state to state.

Limitation of Liability

In no event whatsoever shall Vimocity have any liability to you whatsoever. In the event that such limitation of liability is not enforceable due to applicable law, then to the greatest extent permitted by law, Vimocity’s liability to you or any other person for any claims, losses, damages, harm, or costs arising from or pertaining to the use, operation or functioning of the Platform, whether arising from or pertaining to breach of contract, tort (including negligence), warranty or any other legal theory, shall be limited to the person’s direct monetary damages. In no event shall Vimocity have any liability for any indirect, special, incidental, non-economic, consequential, punitive or exemplary damages (including without limitation damages related to delays, loss of data, interruption of service, loss of privacy, reputational or physical harm), even if Vimocity has been advised of the possibility of such damages.

Reporting Copyright Violations

Pursuant to the Digital Millennium Copyright Act (“DMCA”) of 1998, 17 U.S.C. § 512(c)(2), Vimocity has a DMCA Registered Agent for notice of alleged DMCA copyright infringement. You may contact the Vimocity DMCA Registered Agent here. Vimocity will not be a party to any disputes or lawsuits regarding alleged copyright infringement.

Vimocity is committed to honoring the privacy of individuals who use the Vimocity Platform. This Privacy Policy sets forth our policies with respect to information, including personally identifiable data (“Personal Data”) and other information that is collected from you when using the Vimocity Platform. The provisions of the Vimocity Platform Terms of Use apply to and are incorporated in this Privacy Policy by reference.

Information We Collect

When you interact with the Platform, we may collect Personal Data and other information from you, as further described below:

Personal Data That You Provide Through the Platform. We collect Personal Data from you when you voluntarily choose to provide such information (such as when you log in your weekly activity data). By voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Policy. If you provide Personal Data through the Vimocity Platform, you acknowledge and agree that such Personal Data may be transferred from your current location to our offices and servers.

In addition, Vimocity may submit the fact that you have a registered account with Vimocity to your Employer solely for the purpose of informing who is participating in the Vimocity programs for which your Employer is subscribing.

Non-Identifiable Data. When you use the Platform, we may receive certain personally non-identifiable information about your use of the Platform. Such information, which may be collected passively using various technologies, cannot presently be used to specifically identify you. We may use such information and pool it with other information to track, for example, the total number of visitors to the Vimocity Platform, the number of visitors to each page of the Platform, and the domain names of our visitors’ Internet service providers. We may convert Personal Data to non-identifiable data, and we may provide non-identifiable data about our customers’ traffic patterns, and related site information to third party advertisers. It is important to note that no Personal Data is available or used in this process.

In providing the Vimocity Platform, we may use cookies. A cookie is a piece of information that the computer or computers that host our Platform give to your browser when you access the site. Our cookies help provide additional functionality to the Vimocity Platform and help us analyze usage of the site more accurately.
Your Employer may provide us with your name, email and department for purposes of registration and validating that you are an employee of the company. This information is stored in our database, and is not shared with any third parties. We may use this information to let your employer know if you are a registered user.

We may track your participation in challenges, video views, and other usage, to help us personalize your experience and improve the product. We won’t share your usage or report activity levels to your employer. The only exception to this is as follows

You are participating in a wellness program and you get credit for participating and completing an activity within the app for wellness credit. We will pass along that specific wellness activity to the wellness platform so that you can get credit for that activity.
If you participate in a challenge on the Vimocity Platform and are on a winning team, Vimocity will disclose your name to your employer for purposes of distributing prizes.
There is a required educational video by your employer and we are reporting back who has completed the requirement and who has not.

Aggregated Personal Data. In an ongoing effort to better understand and serve the users of the Vimocity Platform, we may conduct research on our end user’s demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and we may share this aggregated data with our affiliates, agents, and business partners. This aggregate information does not identify you personally. We also may disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.

Our Use of Your Personal Data and Other Information

We will use the Personal Data you provide in a manner that is consistent with this Privacy Policy. If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you provide Personal Data as part of your use of the Platform, we will use your Personal Data to monitor your use of the Platform. We also may use your Personal Data and other personally non-identifiable information collected through the Platform to help us improve the content and functionality of the Platform.

We may provide some of our services through contractual arrangements with affiliates, services providers, partners and other third parties. We and our service partners use your Personal Data to operate our sites and to deliver their services.

We will encourage our service partners to adopt and post privacy policies. However, the use of your Personal Data by our service partners is governed by the privacy policies of those service partners and is not subject to our control.

Vimocity may disclose your Personal Data if it is required to do so by law, for example, in response to a court order or a subpoena or other legal obligation, in response to a law enforcement agency’s request, or in special cases when we have reason to believe that disclosing the information is necessary to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) with our rights or property. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.

Account Deletion

Users have the right to have their personal data deleted or otherwise removed. Users may request their account be deleted from within the Vimocity Platform in the account settings. Once an account is deleted, personal data is deleted within the platform and the account will no longer be accessible.

Accounts will be deleted if Vimocity receives notification from the employer that you are no longer an employee at the company or if the contract ends.

Data Retention

Personal Data shall be processed and stored for as long as required by the purpose for which it has been collected for (the duration of which may vary depending on the particular purpose), which may be as long as the duration of the term of the services agreement that Vimocity maintains with your Employer. Data will be deleted once such agreement with the Employer has expired or been terminated.

Changes to Our Privacy Policy

The materials offered on the Platform may change from time to time. As a result, at times it may be necessary for us to make changes to this Privacy Policy. Accordingly we reserve the right to update or modify this Privacy Policy at any time and without prior notice. We encourage you to review this policy regularly and especially before you provide any Personal Data. Your continued use of the Vimocity Platform after any changes or revisions to this Privacy Policy indicates your agreement with the terms of such revised Privacy Policy.

Vimocity Rewards Program

TERMS AND CONDITIONS

[Updated as of 8/1/22]

PLEASE READ CAREFULLY - By enrolling in a Vimocity Movement Rewards Program, you agree to the following terms and conditions that govern the Vimocity Movement Rewards Program (“Rules”).

A. Overview of Vimocity Rewards Program

Vimocity Rewards Program (the “Program”) is a loyalty program sponsored by Vimocity, Inc.. (“Sponsor”) through which individuals (“Participant(s)”) who have a valid Vimocity Account ID, may earn points (“VimPoints” or “Points”) that will be credited to Participant’s Vimocity Rewards Account (“Rewards Account”) by any of the following methods:
Performing the Vimocity Movement Method and recording that it in the Vimocity phone application (limit 1x per day). If the participant forgets or doesn’t record that they performed daily body care in the Vimocity phone application on a particular day, they will not be able to redeem points.

Other. Vimocity reserves the right to add/change how points are earned and at what value in the phone application, as well as the value of the points through any Vimocity store or affiliation.

Participants may redeem their Points for “Rewards” through the “Rewards Catalogs” described below. Those that redeem points will have their name submitted to their Employer.
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B. Eligibility and Participation in the Program

The Program is open to legal residents of the fifty (50) United States or Canada who are also valid employees of Vimocity active employer customers (“Customers”) who currently have their employees enrolled in the Vimocity program. All aspects of the Program may not be available to residents of Puerto Rico and the United States Virgin Islands. It is void where prohibited by law. Participants must have a valid Vimocity Account ID from Vimocity.com and valid employee IDs from active Customers. Accounts are free, but subject to Terms and Conditions of Use. If you do not have a Vimocity Account, visit www.Vimocity.com and follow the links and instructions to create an account. NOTE : Your Vimocity Account profile must include a complete first and last name and valid registration ID. If your Vimocity Account does not meet this requirement, you may be suspended from the Program.
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Registration. To enroll in this Program and thereby create a Rewards Account, participants are required to register online (www.portal.vimocity.com),with the email address associated with their Vimocity Account and agree to these Program Terms and Conditions. Continued participation in the Program constitutes each Participant’s continued full and unconditional agreement to these Rules, as they may be updated from time to time, and representation that Participant meets the eligibility requirements set out in these Rules. Those who do not comply with these Rules may be prohibited from participating in the Program as determined by Sponsor in its sole discretion. There is a limit of one (1) Rewards Account per person/e-mail address, regardless of whether more than one person uses the same e-mail address. The person who is the authorized e-mail account holder of the e-mail address indicated when registering (and who otherwise meets the eligibility criteria) will be deemed the Participant.
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Participant’s Personal Information: To learn how Sponsor will use the personal information collected in connection with the Rewards Account and/or this Program, read Sponsor’s Privacy Policy: https://www.vimocity.com/legal/

Receive Notifications From Sponsor: By accepting these Rules and signing up for the Program, Participants hereby agree to receive email messaging to the email address associated with his/her Vimocity Account as set forth in Sponsor’s Privacy Policy https://www.vimocity.com/legal/ and/or push notification messages to their Vimocity Mobile Device from Sponsor for promotional, information and/or other purposes.

C. Duration, Modification and Termination of the Program

The Program began on November 17, 2016 and will continue until Sponsor announces its termination, which it may do at any time, with or without notice to Participants. Sponsor also reserves the right to suspend or modify the Program, at its discretion, at any time with or without notice. Termination, modification or suspension may affect a Participant’s ability to redeem accumulated Points. Participants will be able to redeem Points at any time as set forth in Section E below.

A Participant’s continued participation in the Program constitutes his or her acceptance of any changes to these Rules.

D. Point Value, Forfeiture of Points, & Viewing Points

No Cash Value or Transferability. Points do not constitute property, do not entitle a member to a vested right or interest and have no cash value. As such, Points are not redeemable for cash, transferable or assignable for any reason, and are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law. The sale or transfer of Points is strictly prohibited. Points may not be sold on any secondary market, and any transfer of Points to a secondary market shall be deemed void. Any Points remaining in a Participant’s Rewards Account if the Program is canceled will be forfeited without compensation. There shall be no carry over or transfer of Points to other Sponsor programs, unless otherwise determined by Sponsor in its sole and absolute discretion.

Point Expiration. Points earned will expire at the end of the time period as determined by Vimocity. Vimocity reserves the right to change the expiration date at any time.

Accrued Points Viewable in Participant’s Rewards Account. The number of Points collected by each Participant will be tracked in the Participant’s Vimocity Rewards Account. However, each Participant will have the responsibility of ensuring that his/her Points are properly credited. Any claim for Points not credited accurately must be received by Sponsor within seven (7) days of the date of claimed accrual of such Points. Manual issuance of Points can take up to sixty (60) days. Sponsor shall have no liability for any printing, production, typographical, mechanical or other errors in the Points summaries or Participant Reward Account. Sponsor reserves the right to invalidate Points from a Participant Rewards Account if it determines that such Points were improperly credited or obtained fraudulently. Sponsor reserves the right to require proof of accrual of Points and Sponsor reserves the right to delay the processing or redemption of any Points without notice to Participants in order to assure compliance with these Rules. Participants are responsible for maintaining the confidentiality of their Participant Rewards Accounts and passwords and for restricting access to their devices and activity on their Participant Rewards Account, and Participants agree to accept responsibility for all activities that occur under their Rewards Account. Without limiting any other remedies, Sponsor may suspend or terminate a Participant’s Reward Account if Sponsor suspects that a Participant has engaged in fraudulent activity in connection with the Program. Participation in the Program is subject to these Rules, as well as policies and procedures that Sponsor may adopt or modify from time to time. Any failure to abide by these Rules or any policies or procedures implemented by Sponsor, any conduct detrimental to Sponsor, or any misrepresentation or fraudulent activities in connection with the Program may result, in addition to any rights or remedies available to Sponsor in law or equity, in the termination of participation in the Program, as well as forfeiture of Points accrued to date, all as determined by Sponsor in its sole discretion.

E. Purchasing Items from the Rewards Catalog or www.vimocity.com Online Store

Points may be used to redeem items in the Rewards Catalog or to redeem Qualified Products through Vimocity.com or the Shop Vimocity App at any time once they have accrued Points. The total number of Points Participants that can be used to redeem Qualified Products is the number of Points available in their Rewards Account..

1. Redeeming Points Earned

a) There will be Rewards available to Participants through the Vimocity mobile app.

b) To purchase items with Rewards, please follow online instructions in the mobile app.

c) Sponsor reserves the right to modify the list of items available for redemption, as well as their corresponding Point values, at any time for any reason.

d) All redemptions are for items from the Rewards Vimocity online store are final and the Points will be deducted from Participant’s Rewards Account.

e) Sponsor reserves the right to substitute an item advertised with an item of equal or greater value if due to unavailability or for any other reason.

f) Participants will receive confirmation emails notifying them when they redeemed an item through the Rewards Vimocity online store.

g) Fulfillment process and timing will vary depending on the Reward redeemed through the Rewards Vimocity online store. Details will be provided at the time of redemption

h) Except as otherwise provided herein, no refunds will be provided on any redeemed item. If for any reason a redeemed item is received damaged, becomes unavailable, or cannot be fulfilled, Sponsor, in its sole discretion, reserves the right to replace the redeemed item with a similar item of equal or greater value.

i) Participants are responsible for shipping on any Rewards redeemed.

F. Taxes

Participants are responsible for the payment of all taxes which may result from participation in the Program.

Participants may be required to complete tax documents, including an IRS W-9 or equivalent.

G. General Terms and Conditions

Sponsor reserves the right to suspend or discontinue the eligibility of any person who uses, or, in the case of suspension, is suspected of using, the Program in a manner inconsistent with these Rules or any federal or state laws, statutes or ordinances. In addition to suspension or discontinuance of the Program eligibility, Sponsor shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.

Any attempt by any person to undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any of these Rules shall not constitute a waiver of that, or any other, provision.

The Program is provided to individuals or employees of Corporations that are customers of Vimocity. Other groups may not participate in the Program.

All questions or disputes regarding eligibility for the Program, the availability of items, or a Participant’s compliance with these Rules will be resolved by Sponsor in its sole discretion.

Sponsor is not responsible for any incorrect or inaccurate information supplied by Participants while participating in the Program.

Participants are responsible for maintaining updated contact information associated with their Vimocity ID.

The Program is subject to all applicable laws and regulations.

H. Limitation of Liability

Sponsor, and its parent, subsidiary, affiliate, franchisees, and related companies, and each of its and their respective officers, directors, employees, shareholders, agents and promotional and advertising agencies, successors, assigns (collectively the “Released Parties”) are not responsible for any printing or computer error, omission, interruption, irregularity, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alteration of Program materials or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of Program information due to technical problems or traffic congestion on the internet, at any web site or any combination thereof. In the event that the Vimocity App and/or the Rewards Program is temporarily corrupted and suspended, notice of such will be provided and Participants will be advised to (1) not redeem Points until such time that the Program, as originally intended, may be resumed and (2) that Qualified Transactions during this time period completed will not generate Points for the Participant.

By participating in the Program, each Participant accepts all responsibility for, and hereby releases and agrees to indemnify and hold harmless Sponsor and their respective parent companies, subsidiaries, affiliates, agents, promotion and advertising agencies, including, franchisees, and each of their respective officers, directors, employees, shareholders, and successors, assigns, and service providers from and against any claims, liabilities, damages, or expenses that may arise from actions taken by such Participant and/or Participant’s participation in the Program, or for any harm or injury caused by any third party.

IN NO EVENT SHALL RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS THAT PARTICIPANT HEREBY WAIVES ANY AND ALL RIGHTS TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES OR LOST PROFITS FROM Vimocity AND ITS LICENSORS. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SPONSOR’S CUMULATIVE LIABILITY TO PARTICIPANT ARISING FROM ANY CAUSE OF ACTION WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (A) YOUR ACTUAL LOSS; OR (B) $1. THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

Released Parties are not responsible for any products or services offered in the Rewards Catalog other than those manufactured by Sponsor. TO THE FULLEST EXTENT ALLOWABLE BY LAW, SPONSOR SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES SOLD THROUGH THE PROGRAM, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

As a condition of participating in the Program, Participant agrees that, except where prohibited, any and all disputes, claims and causes of action arising out of, or connected with, the Program or any item redeemed therein shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Washington. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, Participant’s rights and obligations, or the rights and obligations of Sponsor in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of Washington, without giving effect to any choice of law or conflict of law rules (whether of the State of Washington or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of Washington.