Privacy Policy

 

This Privacy Policy (the “Policy”) is designed to help you understand how we collect, use, transfer, and may delete “Personal Data” you decide to share, and help you make informed decisions when providing Personal Data to any of the websites and mobile apps owned or offered by SoloStrength Lifestyle Products Corp (hereafter “SoloStrength”).

Our Services All of SoloStrength’s websites and mobile apps, as well as, the products or services offered through such platforms or at events are collectively referred to in the Policy as the “Services”. Unless otherwise noted, our Services are provided by SoloStrength Lifestyle Products Corp. globally.

Your Personal Data When we refer to “you” or “your” in this Policy we mean any individual who is a visitor or unregistered guest of any of our Services, who receives any survey, questionnaire, application, or other form of Personal Data request from SoloStrength, or any individual who comments on, reviews, or who otherwise posts any content generated by the individual on any of our Services (or SoloStrength’s social media networks which then may be shared with or accessed by the Services). “Personal Data” as used in the Policy means information that can be used to identify you, directly or indirectly, alone or together with other information. This includes things such as your full name, email address, phone number, precise geographic location, “Device IDs” (as defined below), certain cookie and network identifiers, and “Health-Related Information” (as defined below). We may also create anonymous data from Personal Data by excluding personally identifiable data components (such as your name, email address, telephone number, or IDs) that makes the data personally identifiable to you, through one or more secure methods of data anonymization. Our use of anonymized data is not subject to this Policy. We encourage you to read this Policy, as well as, our Terms of Use, so that you understand our commitment to responsible and secure data collection, storage, transfer, and deletion practices. BY USING THE SERVICES, YOU CONSENT TO THE COLLECTION, USE, AND TRANSFER OF YOUR PERSONAL DATA FOR PROCESSING IN THE CANADA, US, and INTERNATIONALLY AS PROVIDED FOR IN THIS POLICY.

  1. HOW DO WE COLLECT PERSONAL DATA?
We may collect Personal Data in any situation where you may voluntarily provide us such Personal Data (i.e., via email, a response to a survey, or another direct contact from you), as well as, in a number of other ways which include:
  • If you choose to sign up for our e-mails, you are required to enter your name and email address. If you make a payment to SoloStrength you are required to provide your billing details, a name, address, email address and financial information corresponding to your selected method of payment (e.g., a credit card number and expiration date or other payment information). If you provide a billing address, we will regard that as the location of the account holder to determine which SoloStrength entity with whom you contract.
  • Additionally, you have the option of providing and/or storing additional information as may be specified on the applicable SoloStrength Services. For example, if you register with one of SoloStrength’s apps, then such additional information may include the collection of a limited amount of fitness, physical activity, and health-related information from you (collectively, “Health-Related Information”). This Health-Related Information (such as whether you are pregnant, suffer from a heart condition, dizziness, high blood pressure, and knee or back problems) helps you determine your eligibility to participate in training programs that may be accessed through the corresponding SoloStrength app. If you participate in such training programs, we may also obtain certain measurements, height, weight and age from you.
  • When you access the Services from your own devices (whether your own computer or mobile phone, tablet, or other devices), then we may collect certain identifying information of your device such as the IP address, UUID (for mobile devices), operating system version, device type, system and performance information, the files viewed on our Services (e.g., HTML pages, graphics, etc.), and browser type (collectively, “Device IDs”). We may use your Device ID to provide a tailored experience for you. In addition, the Device ID information may be collected in order to determine the aggregate number of unique devices using a particulate Service, to track total usage, analyze data, and communicate with you more effectively. We may combine your Device ID with information from third parties to provide you with a better experience and to improve the quality of our service. We do not share any Personal Data with third parties in association with your Device ID.
  • Visitors or unregistered guest users are only required to provide as much information as is reasonably necessary to complete any transaction which they have initiated through the Services, including an email address, billing, and shipping information. However, unlike a registered user who may opt to have shipping information stored, unregistered guest users’ shipping information will not be stored and will only be used for purposes of completing the transaction for which it was provided.
  • We will be using browser session data to store your shopping cart on any SoloStrength website where products or services may be purchased, as well as, your session data while you browse these websites. Your session data will be stored only for that browser session.
  • In some instances, we may collect aggregate data through cookies and similar files. The majority of browser applications accept cookies and similar files, but you can usually change the browser settings to prevent this. However, if you do so, some functionality of the Services may be impaired or lost, particularly any customization features of the Services. Cookies help us customize your content experience (for example to store your password so you do not have to re-enter it each time you access your account on a SoloStrength app) and to learn which areas of the Services are useful and which areas need improvement.
  • Our “Data Processors” (defined below under “How Does SoloStrength Use Personal Data”) and other third parties we work with may also places cookies when you visit or access our Services, other websites, or when you open emails that we send you, in order to provide you with marketing or additional information related to SoloStrength products, promotions, or offers. We have no access to or control over these cookies once our Data Processors or other third parties have been given permission to set cookies. This Policy covers the use of cookies by us only and does not cover the use of cookies by any of our Data Processors or other third parties. You may remove or disable cookies via your own browser’s settings.
  • We also do allow certain Google Analytics features on our Services that are used as part of our display advertising (such as banners or other ad formats that include text, videos, images, flash, and etc.) and subsequent retargeting ads. You may opt out of certain types of Google Analytics tracking (or pre-empt your participation in Google Analytics) by contacting Google directly through its customer ad support feature and/or downloading the Google Analytics opt-out browser add-on. Again, you may always remove or disable cookies via your own browser’s settings.
  • If you arrive at any of SoloStrength’s Services from an external source (such as “refer a friend” promotions), we record information about the source that referred you to us. We collect your Personal Data from third parties if you give permission to those third parties to share your information with us or where you have made that information publicly available online.
  • Our Services may provide links to third-party websites that are outside of our control and not covered by the Policy (e.g. Instagram, Facebook, Twitter, etc.). We encourage you to review the privacy policies posted on these (and all) websites and corresponding apps to learn about these third parties’ policies and practices with respect to your Personal Data.

Any improper collection or misuse of Personal Data provided to SoloStrength may be a violation of the Policy and should be reported to support@solostrength.com.

  1. HOW DOES SOLOSTRENGTH USE PERSONAL DATA?
Whether you access any of the Services either as a visitor or unregistered guest, or as a registered user, your Personal Data is used to provide the transaction or give you access to the products, content, or other services you may purchase or request.  If you choose to create a username and profile/account, we may additionally use your Personal Data to contact you to remind you about products which remain in your shopping cart or to obtain product feedback or reviews. Other ways we may use your Personal Data include:
  • We may disclose your Personal Data internally within SoloStrength in order to provide and improve the Services, or for marketing purposes.
  • We may disclose your Personal Data with our business partners, service providers, vendors, authorized distributors, agents, or contractors in order to provide a requested service or transaction, or to process information on our behalf (collectively, “Data Processors”). For example, if we need to ship something to you, we must share your name and address with a shipping company. We require that these Data Processors agree to process Personal Data based on our instructions and in compliance with prevailing privacy laws and any other appropriate confidentiality and security measures.
  • We also may share non-personal, aggregate information regarding customer demographics, traffic patterns, sales, and site usage with our Data Processors or other thirty party internet advertisers or content publishers. We may transact some services or offer access to content in collaboration with these Data Processors or other third parties. Personal Data that you provide to those Data Processors or other third parties may be sent to us so that we can deliver the requested product, content, or service.
  • Personal Data may also be accessed by third-party applications, such as gadgets or extensions, through Services. Any Personal Data when you enable such a third party application is processed under the Policy. Any information collected by a third party application provider is governed by their privacy policies.
  • We may disclose your Personal Data with our social media network providers and any comments, statuses, updates, likes, tweets, and etc. that you voluntarily share with us through our social media networks may appear on our Services in the scrolling bar or other designated areas that shows activity on our pages or profiles.
  • We may from time to time contact individuals based on Personal Data that you may provide us that will be used for “refer a friend” or similar “email to a friend” promotions. You must have the consent of those individuals whose Personal Data or other information you are providing to us. By submitting the Personal Data or other information of such individuals, you confirm that you have that individual’s prior consent: (a) to his/her Personal Data (such as their name and email address) being disclosed to us, and (b) to our contacting them. SoloStrength reserves the right to disclose that we have obtained the individual’s Personal Data or other information from you and that we are contacting them because you have told us they may be interested in our Services and have provided us with their name and email address. You are solely responsible for any personal messages you submit to the individual. You must not submit any message containing content that is illegal, obscene, indecent, offensive, blasphemous, defamatory or otherwise inappropriate.
  • We may share Personal Data when we have a good faith belief that access, use, or disclosure of such Data is reasonably necessary to satisfy any applicable law, rule, regulation, or enforceable governmental or administrative request, enforce our Terms of Use, including investigation of potential violations, detect, prevent, or address fraud, security or technical issues, or protect against harm to the rights, property or safety of SoloStrength, our users, or the public (collectively, “Legal Requirements”).
  • In order to accommodate changes in our business, we may sell our company or buy other companies or assets, including any Personal Data or related information collected through our Services as outlined in this Policy. If we sell substantially all of our assets, customer information, including Personal Data, will be one of the assets transferred to the acquirer and that entity and its affiliates may use your Personal Data under the terms of their own privacy policies, which may differ from this Policy.

Our use of Personal Data other than for the reasons set out above is on an opt-in basis. This means that you will not receive communications from us regarding, for example, specials, new products or new services unless you have given us affirmative permission to receive such communications. 

  1. WHAT ABOUT A CHILD'S PERSONAL DATA?

Our Services do not target and are not intended to attract children under the age of 13. We do not knowingly collect information from or about children under the age of 13. If you become aware that a child has provided us with Personal Data without parental consent, please contact us at info@solostrength.com. If we become aware that a child under 13 has provided us with Personal Data without parental consent, we will take immediate steps to remove such Data and cancel the child’s account without notice. EU Residents Please be aware that in order to maintain our compliance with GDPR requirements (see Section V – EU Residents below), we will not process the Personal Data of any child who is below the age of 16 years unless we receive the express consent of the parent or authorized guardian of the child. In order to comply with the foregoing, we will make reasonable efforts, inquiries, or other contacts with you in order to verify the age of the child and the person who is properly vested with the authority to provide consent on behalf of the child. In the event we cannot verify the age of the child or the parent/guardian’s capacity to provide consent, we will not process the Personal Data of the child and cancel the applicable account without notice.

  1. HOW LONG DO WE KEEP YOUR PERSONAL DATA?
We only retain the Personal Data collected from you for as long as you are on our mailing list or otherwise for a limited period of time as long as we need it to fulfill the purposes for which we have initially collected it unless otherwise required by law. We will retain and use information as necessary to comply with Legal Requirements, to resolve disputes, and/or enforce our agreements as follows:
  • Any backups of the contents of closed or deleted accounts may be kept for three (3) months after the date of closure or deletion
  • Billing information is retained for a period of seven (7) years as of their provision to us

We reserve the right to make adjustments to the above periods that may result as a result of any orders, laws, or regulations issued by any governmental, legislative, or regulatory body with jurisdiction over us.

  1. WHAT RIGHTS DO YOU HAVE TO YOUR PERSONAL DATA?
You may contact us any time at info@solostrength.com.
  • View or access what Personal Data we have about you, if any
  • Change or correct any Personal Data we have about you
  • Request us to delete any Personal Data we have about you
  • Express any concern you have about our use of your Personal Data
EU Residents If you are a resident of a member nation of the European Union, we wish to confirm for you the legal basis on which we process your Personal Data as required by the European General Data Protection Regulation (“GDPR”). We only will use and process your Personal for the following lawful reasons:
  • When it is necessary to process a transaction on your behalf or to perform under a contract. For example, if you purchase products from us, we will send you emails related to your order.
  • When we have a legitimate business interest or compelled by Legal Requirements. For example, when we email you about products we have available that are related to your order with us.
  • When we receive your prior consent. For example, we provide you with an upfront notice prior to your access of our Services that our Services use cookies which will collect your Personal Data for analytics purposes.
As a resident of a member nation of the European Union, we also provide you with the following rights under as required by the GDPR:
  • Right to Access of Personal Data: You may request confirmation regarding the purposes for which we have processed your Personal Data, as well as, access relevant information on that processing and what Personal Data is involved.
  • Right to Receive Personal Data: You may request to receive the Personal Data that you have provided to us in a secure, portable manner or request that we transmit your Personal Data directly to a data controller that you identify to us.
  • Right to Request Restriction of the Processing of Personal Data (Right to Withdraw Consent): You may request that we restrict our processing of Personal Data in certain situations such as when there is a discrepancy or mistake involving your Personal Data, or when you may oppose the deletion of your Personal Data, and instead, request an appropriate restriction on our use of your Personal Data. You also retain the right at any time to withdraw your consent to any processing of your Personal Data for purposes where you had previously consented (such as receiving direct marketing emails from us).
  • Right to Object to Processing: You have the right to object to our processing of Personal Data in any situation where our processing is unlawful, or which may subject your personal freedoms, interests, or rights to prejudicial and irreparable harm; provided, however, that if Legal Requirements or other compelling legitimate business grounds apply in such circumstances, then these may override the impact of prejudicial and irreparable harm to your personal freedoms, interests, or rights and we may still process your Personal Data as needed.
  • Right to Have Corrections Made to Personal Data: You have the right to request any lawful change or correction to Personal Data that you have provided to us.
  • Right to Deletion of Personal Data: You have the right to ask us to delete your Personal Data to the full extent permitted by law and any Legal Requirements to which we are bound.

We will respond to your request to exercise these rights within a reasonable time (and in all cases within 30 days of receiving a request). In order to exercise any of these rights, please contact us at info@solostrength.com.

  1. WHAT IS SoloStrength’s COMMITMENT TO THE protection OF PERSONAL DATA?

We implement appropriate technical and organizational safeguards to protect against unauthorized or unlawful processing of Personal Data and against accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data. We are committed to testing, monitoring, and maintaining records related to data security and access controls impacting our Systems that are aligned with industry best practices and commensurate with the size of transactions and collection of Personal Data that we process and transfer.  While we cannot fully eliminate security risks associated with the storage, transfer, and transmission of Personal Data, we will endeavor to remain educated and retain the internal and external resource expertise in order to adapt and modify our data protection practices as required by evolving global data security and cyber threats, terrorism, and fraudulent or malicious programs. SoloStrength Privacy Shield Information for EU/Swiss Residents If you reside in a member country of the EU or Switzerland, SoloStrength does self-certify that it complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework (collectively, “Privacy Shield”) as set out by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Data from European Union member countries and Switzerland. Under the Privacy Shield’s “Onward Transfer Principle”, we may remain liable for the processing of Personal Data of European Union residents that we transfer to our Data Processors or other third party service providers or agents. In certain situations, we may be also required to disclose Personal Data in order to comply with lawful requests from public authorities, including to meet national security or law enforcement purposes.

  1. HOW WILL YOU KNOW OF CHANGES TO THE POLICY?

The most recent version of this Policy was updated on Dec.02, 2020. We may change the Policy from time to time. In circumstances where a change will materially change the way in which we collect or use your Personal Data, we will send a notice of this change to all of our then-current registered account holders in advance of implementing such changes.

  1. HOW CAN YOU CONTACT US IN ORDER TO EXERCISE YOUR RIGHTS OR MAKE ANY INQUIRIES OR COMPLAINTS?

If you wish to exercise any of your rights regarding your Personal Data as outlined in this Policy, or if have any questions or complaints about the Policy, please contact us at info@solostrength.com. We encourage you to contact us directly and allow us to work with you to address your concerns. Nevertheless, you have the right to lodge a complaint with a competent data protection supervisory authority, in particular in the EU member country where you reside, work or the place of the alleged complaint. You have the right to do so if you consider that our collection, processing, or transfer of Personal Data relating to you violates applicable privacy or data protection laws.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

SoloStrength (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at michael@solostrength.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

  • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
  • Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
  • Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
  • Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
  • Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
  • Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Blaine, Washington before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which SoloStrength’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.