MOBE | Your connection to better health

MOBE TERMS AND CONDITIONS OF USE

Last Modified: 12/16/2021

MOBE, LLC and its affiliates (“MOBE,” “we”, “us” or "our") operate the MOBE Website ("mobeforlife.com" or the "Website"), the MOBE mobile application (the "App") and related personalized guided health and wellness online and mobile services, including online coaching services via the App's chat feature (collectively, the "MOBE Services"). The MOBE Services may be offered by MOBE on its own behalf and/or on behalf of a sponsoring organization (“Sponsor”), such as your health plan, employer or a health care provider. MOBE is the owner and operator of the Website and the App and does not provide medical diagnosis, advice or treatment. The terms “you” and “user” shall refer to all individuals and entities that access the MOBE Services.

Before using MOBE Services, please take some time to carefully review the following terms and conditions and the terms of our Privacy Policy (which are incorporated herein by reference and made a part of these Terms and Conditions). In addition, if your use of MOBE Services is not through a Sponsor, there may be additional terms and conditions which you will be asked to accept when you register for MOBE Services (which are incorporated herein by reference and made a part of these Terms and Conditions), for instance, regarding payment terms. The Terms and Conditions, Privacy Policy and any additional terms and conditions that you accept are collectively referred to as the “Terms and Conditions”. The Terms and Conditions govern your access to and use of the MOBE Services, including any content, functionality and services offered on, through or in combination with the Website and/or the App. MOBE does not manufacture, and is not responsible for the correct functioning of, any devices you use in combination with the App or the MOBE Services.

By downloading or using the App or accessing or using the MOBE Website and other MOBE Services, or by clicking to accept or agree to the Terms and Conditions, if that option is made available to you, you accept and agree to be bound and abide by the Terms and Conditions, including our Privacy Policy. You may use the MOBE Services only for lawful purposes and in accordance with these Terms and Conditions. If you do not want to agree to these Terms and Conditions, you must not access or use the MOBE Services, including without limitation the Website and the App.

The MOBE Services, including but not limited to the services available through the App are available for individuals who are 13 years of age or older. If you are under the age of 13, you are not authorized to use the MOBE Services. You represent and warrant that you are at least thirteen (13) years of age or older. If you are age 13 or older but under the age of 18, you should review these Terms and Conditions with your parent or guardian to make sure that you and your parent or guardian understands them. Your parent or guardian must agree to these Terms and Conditions on your behalf by the methods set forth above.

Right to Modify. We may make changes to the Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of any or all of the MOBE Services following the posting of such changes means that you accept and agree to the changes. You should check this page from time to time so that you are aware of any changes to the Terms and Conditions, as they are binding on you.

MOBE DOES NOT PROVIDE MEDICAL ADVICE

The MOBE Services are intended to encourage general wellness, facilitate your understanding of the effects of a healthy lifestyle, and reduce costs for you, your employer and/or your health plan. You should not consider content you access on, or receive from, the MOBE Services to be medical advice, diagnosis or treatment. MOBE and its Guides and Pharmacists do not have expertise in diagnosing, examining, or treating medical conditions of any kind or in determining the effect of the MOBE Services on an individual’s specific medical conditions. MOBE does use licensed Pharmacists to provide comprehensive medication reviews/consultations; however, such reviews/consultations are for informational purposes only and should be discussed with your health care provider. It is solely your responsibility to discuss all medical conditions and your current health status with your health care provider, and we recommend that you do so. Content found on the Website or App or otherwise received through the MOBE Services is for informational purposes only and is not intended to replace the relationship between you and your physician or other medical provider. You should always consult a physician before starting a fitness program, changing your diet, or if you have any questions regarding a medical condition. Never disregard professional medical advice or delay seeking it because of information you have read on the Website or App or otherwise received through the MOBE Services. You should consult with your physician before following any recommendations you receive on the Website, App or otherwise through the MOBE Services. Not all activities are suitable for everyone. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. If you feel discomfort or pain, immediately stop the activity causing such discomfort or pain.

We are not responsible for any health problems that may result from programs, products, or events you learn about through the MOBE Services. If you engage in any program or activity you learn about through the MOBE Services, you agree that you are voluntarily participating and do so at your own risk.

ACCESS AND ACCOUNT SECURITY

Consent to be Bound. If you do not wish to be bound by these Terms and Conditions, you may not use the MOBE Services. Some areas of the Website or the App may have additional terms and conditions ("Additional Terms"), such as payment terms if your use of MOBE Services is not through a Sponsor. Where Additional Terms apply on the Website, we will ask that you read and accept them by clicking to accept or agree or providing an electronic signature. Where Additional Terms in the App apply, we will make them available for you to read through prior to your use of that area of the App. By accepting the Additional Terms on the Website or using those areas of the App that have Additional Terms, you agree to the Additional Terms, which are incorporated into and made a part of these Terms and Conditions.

Modifying the mobile operating system. The App is intended for use only on a mobile device that is running an unmodified manufacturer-approved operating system. Using the App on a device with a modified operating system may undermine security features that are intended to protect your personal information from unauthorized or unintended disclosure. You may compromise the privacy and security of your personal information if you use the App on a mobile device that has been modified. Use of the App on a mobile device with a modified operating system is a material breach of these Terms and Conditions.

Use of the MOBE Services. We hereby grant to you a limited, non-exclusive, non-transferable right to access the MOBE Services, including the App, solely for your personal non-commercial use and only as permitted under these Terms and Conditions, including the Privacy Policy. You may use the MOBE Services only for lawful purposes and in accordance with these Terms and Conditions. You are responsible for your use of the MOBE Services, and for any use of the MOBE Services made using your account. When you use the MOBE Services, you agree not to:

  • Use the MOBE Services in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • Use the MOBE Services in any manner that could disable, overburden, damage, or impair the site or server or interfere with any other party’s use of the MOBE Services, including their ability to engage in real time activities through the MOBE Services;
  • Use any robot, spider or other automatic device, process or means to access the MOBE Services for any purpose, including monitoring or copying any of the material on the MOBE Services.
  • Use any manual process to monitor or copy any of the material on the MOBE Services or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the MOBE Services.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful into the MOBE Services.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the MOBE Services, the server on which they are run or stored, or any server, computer or database connected to them.
  • Attempt to circumvent any technological measure implemented by us or any of our service providers or any other third party to protect the MOBE Services or portions thereof.
  • Attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the MOBE Services, except as allowed by applicable law.
  • Make error corrections to, or otherwise modify or adapt, the MOBE Services or to create derivative works based upon the MOBE Services, or permit third parties to do the same.
  • Use the MOBE Services to develop any software application or similar products and services.
  • Otherwise attempt to interfere with the proper working of the MOBE Services.
  • Access the MOBE Services for use outside of the United States of America.
  • Transfer, assign or sublicense your login information or right to use the MOBE Services to another person or entity and you acknowledge that any attempted transfer, assignment, sublicense or use shall be void.
  • Perform, display, or otherwise access or use the MOBE Services for the benefit of others outside of the scope of license provided in these Terms and Conditions.
  • Advocate, encourage, or assist any third party in doing any of the foregoing.

Operation and Record Retention. By using the MOBE Services, you understand and agree that MOBE may change or discontinue, temporarily or permanently, any feature or component of the MOBE Services at any time, in its sole discretion, without further notice. You agree that MOBE shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of any feature or component of the MOBE Services. MOBE will not be liable if for any reason all or any part of the MOBE Services is unavailable at any time or for any period. From time to time, in our sole discretion and with our without notice, we may restrict user access to some parts of the MOBE Services, or the entire MOBE Services, including access by registered users. Subject to applicable law, MOBE reserves the right to maintain, delete, or destroy all communications and materials uploaded to, or transmitted through, the MOBE Services pursuant to its internal record retention and/or destruction policies.

Full use of the MOBE Services may require compatible devices, Internet access, and certain software that may require periodic updates. Full use of the MOBE Services may be affected by the performance of these factors. You are responsible for making all arrangements necessary for you to have access to the MOBE Services.

To access the MOBE Services, you will be asked to provide certain registration details and other information. You represent that the information that you provide about yourself as requested in the MOBE account registration form (the “Registration Data”) is accurate and complete, and you agree to update your account information, as necessary, including providing MOBE with your current email address, so that you may receive notifications and other account-related communications.

You acknowledge and agree that MOBE reserves the right to remotely prevent access to and/or use of the MOBE Services for any reasons and solely in its discretion, with or without notice to you. MOBE reserves the right, but does not have the obligation, to monitor use of the MOBE Services to determine compliance with these Terms and Conditions. The types of information, such as devices used to access the MOBE Services, may also be tracked by MOBE (such as via Internet Protocol address and other log information regarding the device, its operating system, browser, and other information regarding the user) to identify the device and locate where on the Internet that computer is located, as well as your use of the MOBE Services. Additional information regarding MOBE collection, use, and sharing of information can be viewed in MOBE’s Privacy Policy.

User Account. When you register on the Website or the App, you need to create an account ("Account") by entering your name, mobile telephone number and certain other information collected by MOBE. You are responsible for maintaining the confidentiality of your login information. You also acknowledge that your Account is personal to you and agree not to transfer or share your account login with anyone or create more than one Account. You shall be responsible for all uses of your login information, whether or not authorized by you and for all activities that occur under your Account. You may not use anyone else’s account at any time. You agree to notify us immediately of any unauthorized access to or use of your account or any other breach of security. You should use particular caution when accessing your account from a public place so that others are not able to view your personal information. MOBE cannot and does not assume any responsibility or liability for any information submitted by someone who has fraudulently accessed your Account or for any third-party’s fraudulent use or misuse of information submitted by you.

MOBE may use and disclose your information in special instances when we have reason to believe disclosing this information is necessary to investigate, identify, contact, or bring legal action against someone who may be causing injury to or interfering with our rights or property, other MOBE Services users, or anyone else. We may disclose your information when subpoenaed, if ordered or otherwise required by a court of law, arbitrator, or other similar proceeding or the rules governing such a proceeding, for government investigations, with government agencies if required by law, to exercise, establish, or defend MOBE's legal rights, to protect your vital interests or those of any other third party, and when MOBE otherwise believes in good faith that any applicable law requires it.

BY ACCEPTING THESE TERMS AND CONDITIONS, YOU WAIVE AND HOLD HARMLESS MOBE FROM ANY CLAIMS RESULTING FROM ANY OF THE AFOREMENTIONED ACTIONS TAKEN BY MOBE.

Termination. MOBE has the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason with or without notice to you, including if, in our opinion, you have violated any provision of these Terms and Conditions. We reserve the right to take any and all action, as deemed necessary or reasonable, regarding the security of the MOBE Services and your Account. We are not responsible or liable for any damage or loss related to any unauthorized access or use of your Account. If you violate any of these Terms and Conditions, our permission to you to use the MOBE Services automatically terminates and you must immediately destroy any copies you have made of any portion of the MOBE Services or its content.

Communications Consent and Communications Risks of Using the MOBE Services. Communications from the MOBE Services can be sent to the wrong person, lost, or subject to other sending or security errors. All communications sent over an Internet connection, are inherently vulnerable to hacking, theft, unauthorized access and/or disclosure, misdirection, loss of data, corruption of data, delays or interruptions in communication, and reductions in quality due to lack of or reduction in broadband access and reliability. By using the MOBE Services and related electronic communications, and by providing your contact information, such as your address, email address, or mobile/other phone number(s), you consent and are agreeing to receive general information about health and wellness that may be of interest to you, as well as additional informational and marketing communications from us and our affiliates. You also understand and agree such communications can be electronic and can include but are not limited to: information on our services and programs, general wellness and other educational information that may be of interest to you, and MOBE Services. You understand if we contact you, we may identify as MOBE, or similar variations thereof. You agree you have read and accept the described risks. You also acknowledge and accept that if you allow sharing of the MOBE Services or related communications to any third party, they may no longer be protected by applicable privacy or security rules (except as required by law). You also understand and accept that message/data rates may apply for the MOBE Services messages described in this consent.

Ownership. The MOBE Services and its entire content, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) and all aspects of the MOBE Services, are owned by MOBE, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may not reproduce, distribute, modify, or create derivative works of, publicly display, publicly perform, republish, download, store, transmit or commercially exploit any part of the MOBE Services except as generally and ordinarily permitted through the MOBE Services according to these Terms and Conditions. All rights in the MOBE Services and their content not expressly granted to you by MOBE are retained by MOBE and its licensors.

You hereby grant to MOBE the royalty-free, perpetual, irrevocable, worldwide, sublicensable through multiple levels, transferrable, non-exclusive right and license to use, reproduce, make, modify, adapt, publish, translate, broadcast, create derivative works from, distribute, offer to sell, sell, import, perform, and display all suggestions, feedback, and other improvements you provide to MOBE related to the MOBE Services (collectively "Feedback"). You hereby waive in perpetuity all so-called "moral rights," rights of integrity, rights of paternity, rights of disclosure, rights of withdrawal, rights of attribution, rights to prevent attribution in the event of a distortion, mutilation, or modification, and all such analogous rights in or related to any Feedback. You represent and warrant that you have all the rights and permissions necessary to grant the above license, including without limitation any necessary licenses, waivers, or assignments of copyrights, patents, trademarks trade secrets, or other intellectual property rights, publicity rights, and privacy rights. MOBE will not be required under this Agreement to treat any Feedback as confidential, and may use any Feedback to the full extent of its license without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future MOBE products, services or other business operations.

Trademarks. The MOBE name and all related names, logos, product and service names, designs and slogans are trademarks of MOBE or its affiliates or licensors. You must not use such marks without the prior written permission of MOBE. All other names, logos, product and service names, designs and slogans on the MOBE Services are the trademarks of their respective owners.

Links. The MOBE Services or information provided by the MOBE Services may reference or include links to, or content from, third-party websites, resources, services, applications or tools (“Third-Party Content”). Third-Party Content is provided for your convenience and reference only. Such products are not a substitute for medical treatment, are intended solely for motivational and informational use, and are not intended to treat or diagnose any disease. Please note that when you click on any of these links, you are entering another website for which we have no responsibility or control. The inclusion of any link does not imply affiliation, endorsement, or adoption by us of the linked site or any medical or other information contained therein. We do not monitor Third-Party Content and are not responsible for the quality, accuracy, security, functionality, or practices of Third-Party Content. We strongly encourage that you read the terms of use and privacy policies (if any) of such applications and websites if you decide to use them. You agree that MOBE has no liability for any damage or loss of any type that is a result of your use of or reliance upon Third-Party Content. If your use of or access to any component of the MOBE Services requires that you agree to the Terms and Conditions of any of our affiliates or suppliers, you will be given an opportunity to review such Terms and Conditions.

If any of the websites we reference or to which we provide links include community postings, such as message boards and forums, you understand that MOBE does not endorse any information posted on these sites and that posts made by users do not necessarily reflect the views of MOBE. Community postings should not be taken as medical advice. Any action taken by you based on information presented in community postings is at your own risk.

NO WARRANTIES; LIMITATION OF LIABILITY

YOU ARE RESPONSIBLE FOR ANY ACTS OR OMISSIONS RELATING TO YOUR USE OF THE MOBE SERVICES, AND FOR ANY DAMAGES INCURRED AS A RESULT THEREOF. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE NOT REPRESENTED THE MOBE SERVICES AS HAVING THE ABILITY TO DIAGNOSE DISEASE, PRESCRIBE TREATMENT, OR PERFORM ANY OTHER TASKS THAT CONSTITUTE THE PRACTICE OF MEDICINE OR OF OTHER PROFESSIONAL OR ACADEMIC DISCIPLINES. THE MOBE SERVICES, THE CONTENT OF THE MOBE SERVICES, ANY INFORMATION AVAILABLE ON OR THROUGH THE MOBE SERVICES, ARE PROVIDED TO YOU “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW. WE DO NOT, AND OUR SUPPLIERS DO NOT REPRESENT OR WARRANT THAT THE MOBE SERVICES, OR THE CONTENT OF THE MOBE SERVICES, WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR MOBE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE MOBE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WE AND OUR SUPPLIERS EACH DISCLAIM, TO THE EXTENT PERMITTED BY LAW, ALL WARRANTIES, EXPRESS AND IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR PARTICULAR PURPOSE.

MOBE AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT IN THE MOBE SERVICES; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE MOBE SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE MOBE SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE MOBE SERVICES BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT ACCESSED, UPLOADED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE MOBE SERVICES. THE FOREGOING SHALL NOT APPLY TO THE EXTENT THAT ANY SUCH INJURY OR HARM IS THE RESULT OF MOBE’S OWN GROSS NEGLIGENCE.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ON BEHALF OF US AND OUR SUPPLIERS, ALL RESPONSIBILITY FOR ANY DAMAGES ARISING OUT OF THESE TERMS AND CONDITIONS AND THE SUBJECT MATTER CONTAINED HEREIN, OR YOUR USE OF, OR INABILITY TO USE, THE MOBE SERVICES OR CONTENT AVAILABLE ON OR THROUGH THE MOBE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, AND, FOR INDIVIDUALS WHO ARE NOT USING MOBE SERVICES THROUGH A SPONSOR, IN NO EVENT WILL MOBE'S MAXIMUM LIABILITY FOR DAMAGES BE GREATER THAN THE AMOUNT YOU HAVE DIRECTLY PAID TO MOBE FOR MOBE SERVICES IN THE IMMEDIATELY PRECEDING THREE MONTHS.

IF YOU ARE DISSATISFIED WITH THE MOBE SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY AGAINST MOBE, ITS PARTNERS, AFFILIATES, SERVICE PROVIDERS, LICENSORS AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS AND ASSIGNS, IS TO DISCONTINUE USING THE MOBE SERVICES. IN THE EVENT OF ANY PROBLEM WITH ANY DEVICE USED IN CONNECTION WITH THE MOBE SERVICES, YOU AGREE THAT YOUR REMEDY, IF ANY, IS FROM THE MANUFACTURER OR SUPPLIER OF DEVICE IN ACCORDANCE WITH THE MANUFACTURER'S OR SUPPLIER'S WARRANTY.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification. You agree to defend, indemnify, and hold harmless MOBE and its partners, affiliates, service providers, licensors, and its and their respective officers, directors, employees, contractors, agents, successors and assigns from and against any and all losses, liabilities, damages, settlements, expenses, and costs, including but not limited to reasonable legal and accounting fees, arising from any claims, actions, or demands related to or alleged to relate to: (a) your use of the MOBE Services; (b) your violation of the Terms and Conditions; or (c) your violation of any intellectual property or other third-party rights or any applicable law in connection with your use of the MOBE Services. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will also cooperate with us in asserting and available defenses.

Confidentiality. You shall not disclose MOBE Confidential Information for so long as the information retains its confidential nature. As used in these Terms and Conditions, "MOBE Confidential Information" means all nonpublic information disclosed by MOBE through the MOBE Services that is designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential. You shall not use, or allow the use of, MOBE Confidential Information except as expressly permitted hereunder. MOBE Confidential Information includes, without limitation, nonpublic information relating to MOBE or MOBE's business partners' technology, promotional and marketing activities, and other business affairs (including, but not limited to, any information about or involving one of MOBE's so-called beta tests or a beta test product that you obtain as a result of your participation in such beta test) and third-party information that MOBE is obligated to keep confidential. Notwithstanding any other provision in this section, you shall not have any confidentiality obligation to MOBE under this section above with respect to any information that is or becomes publicly available without breach of these Terms and Conditions, can be shown by documentation to have been lawfully known by you at the time of its receipt from MOBE, is received from a third party who did not acquire or disclose the same by a wrongful or tortious act, or can be shown by documentation to have been independently developed by you without the use or reliance on MOBE Confidential Information in any way whatsoever.

General Terms. The Terms and Conditions and the resolution of any dispute related to the Terms and Conditions or to the MOBE Services shall be governed by and construed in accordance with the laws of the State of Minnesota without respect to its conflict of laws principles. Any legal action or proceeding against MOBE related to the MOBE Services, shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Minnesota, and you agree to submit to the personal and exclusive jurisdiction of such courts. If any provision(s) of the Terms and Conditions is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. MOBE’s failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by MOBE in writing. These Terms and Conditions constitute the entire agreement between you and MOBE with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign these Terms and Conditions to any other party and any attempt to do so is void.

Arbitration. Notwithstanding the foregoing, if you, and not a Sponsor, have directly contracted with MOBE for the MOBE Services, then any controversy or claim arising out of or relating to these Terms and Conditions or your use of the MOBE Services (a "Dispute") shall be settled by JAMS or its successor ("JAMS"), and YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS. The arbitration will be conducted in the English language before a single arbitrator and such arbitrator shall, in his or her sole discretion, determine the arbitrability of any alleged Dispute. The seat or place of arbitration shall be conducted in Minneapolis, Minnesota. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions will be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise. Judgment on an award rendered by an arbitrator may be entered in any state or federal court within or without the State of Minnesota. Notwithstanding the foregoing, in lieu of or addition to any other remedies available to MOBE, MOBE may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for: (i) any actual or alleged infringement or misappropriation of MOBE's or any third party's intellectual property or proprietary rights, or (ii) any breach of the confidentiality provisions in these Terms and Conditions, without breach of the arbitration requirements set forth in these Terms and Conditions. You hereby consent to the jurisdiction and venue of the State and Federal courts of the State of Minnesota with respect to any such injunctive or other relief. You further acknowledge that MOBE's rights in its intellectual property are of a special, unique, extraordinary character, giving those rights peculiar value, the unauthorized use, disclosure, or loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages.

Your acceptance and agreement to the Terms and Conditions is between you and MOBE, not any other entity such as without limitation Google, Inc., Apple, Inc., or Amazon.com, Inc., or any other third party through which you obtain the App (collectively and individually “Third Party App Stores”), and in no event shall any Third Party App Store be obligated to provide maintenance or support of the App, provide any warranty granted in these Terms and Conditions, or provide any indemnity for intellectual property violations of the App. You are bound by any applicable terms set forth in relation to any such Third Party App Stores. In the event of any failure of the App to comply with any warranty as set forth herein, where that service was purchased through Apple, Inc., you may contact Apple, Inc. for a refund of the purchase price paid through Apple, Inc. You must contact MOBE and not any Third Party App Stores, regarding any product liability claims, claims that the App or the related services fails to conform to any applicable legal or regulatory requirement, or any claims arising under any consumer protection or similar legislation. Third Party App Stores and their subsidiaries shall be third party beneficiaries to these Terms and Conditions and shall have the right to enforce these Terms and Conditions against you.

Contact Us. The MOBE Services are operated by MOBE, LLC. All feedback, comments, requests for technical support and other communications relating to the MOBE Services should be directed to: info@MOBEforlife.com