RENDLE® TERMS OF SERVICE

Last modified: September 2023

WELCOME TO RENDLE®

OUR GOAL IS TO HELP YOU MAKE IMPROVEMENTS TO YOUR HEALTH AND HAPPINESS

Before anything else, we would like to explain here what we do and why we do it. It should give you a better sense of our objectives and intentions. Our goal is to help you meet and exceed recommended guidelines for healthy living and to become fitter and happier. We will provide you with educational information and personalized feedback around healthy living, specifically the importance of adequate sleep, proper stress management, a positive outlook, physical activity and healthy nutrition. We also encourage people to refrain from smoking and lose excess body fat in a healthy, realistic and sustainable manner. Additionally, our guidance will emphasize the importance of good posture and show you how to achieve and maintain good back health.

Through a comprehensive group of online lifestyle-related dynamic assessments, we deliver personalized feedback and guidance via healthy lifestyle to-do lists, videos and other educational information both on our website and via personalized reports and roadmaps. We want to make you aware of the different components of your lifestyle, how they impact one another, and we want to encourage and promote healthier behavior, especially in those areas where you are not meeting minimum recommended guidelines and have the most room for improvement. Our ultimate goal is to provide you with the tools, education and actionable steps that enable you and those around you – family, friends and colleagues - to lead a happier and healthier life.

THE RENDLE LIFESTYLE SNAPSHOT

Our services start with the RENDLE LIFESTYLE SNAPSHOT, a 5-minute healthy lifestyle assessment that provides a snapshot of your sleep, stress, happiness, exercise and nutrition and analyzes your readiness for lifestyle change. Upon completion of the lifestyle snapshot, you will receive an overall lifestyle score, a breakdown of that score and a healthy lifestyle checklist. Based upon your readiness for change and the needs and desires expressed in the LIFESTYLE SNAPSHOT, we also calculate your RECOMMENDED NEXT STEP. This is an area of lifestyle you should place some extra emphasis on in the near term. This area will be one of the following 6 categories: Sleep, Stress, Happiness, Exercise, Nutrition and/or Healthy Weight Management. Following the Lifestyle Snapshot, you will receive personalized education and actionable steps once a week over the subsequent five weeks. This education should take an average of fifteen minutes of your time each week and is sent in audio, video and PDF form.

THE FOLLOW-UP ASSESSMENTS: RENDLE LIFESTYLE ROADMAPS

At the end of the five weeks, you will have the option to create your own personalized ROADMAP for your designated RECOMMENDED NEXT STEP. This process starts with a more in-depth assessment. This assessment contains a number of dynamic questions about your RECOMMENDED NEXT STEP. The different ROADMAPs will provide you with unique personalized feedback on things you do well and what areas you could improve within that area of your lifestyle.

AN ANNUAL CYCLE

The Lifestyle Snapshot assessment is repeated approximately twice a year. This enables you to track your progress and see how much you have improved. In between Snapshots, RENDLE will provide your wellbeing representatives with additional support including more details on specific areas of lifestyle and how to start making improvements.

FURTHER MATERIAL

In addition to the guidance and education outlined above, we provide further reference material for those who wish to increase their knowledge and education. All our assessments, feedback tools, educational videos, the resulting roadmaps, reports, checklists, and other educational information provided on our website or via email or other electronic communications, are collectively referred to as (the "RENDLE Content"). The website www.rendle.com and related websites that we operate ("RENDLE Site" or the “Site”), the RENDLE Content and all related services and features that RENDLE provides are collectively referred to as (“RENDLE Services or the Services”).

1. YOUR AGREEMENT WITH RENDLE

Below are Terms of Use (the “Terms”) that cover your access to and use of RENDLE Site and RENDLE Services. Additionally, the RENDLE’s privacy policy (“Privacy Policy”) describes how we collect, use and dispose of your personal information. The Privacy Policy and these Terms are referred to as the (“the Agreements”) and constitute binding legal agreements between you and RENDLE Inc., a Delaware corporation and any of its subsidiaries and affiliates (“RENDLE,” ” "We," "us," or "our”). By accessing and use of the Site and the Services, you agree to be bound by each of these Agreements.

We may change or replace any terms of these Agreements from time to time. We will post the most updated version of these Agreements on our SIte. You are responsible for checking these Agreements periodically for changes. By continuing to use or access the Site or the Services after any changes that come into effect, you agree to be bound by the updated agreement. If you disagree with any changes, you should stop using the Site and the Services.

2: THIS IS NOT MEDICAL ADVICE OR CARE

RENDLE Content and RENDLE Services whether provided through our Site or presented in your personalized reports are provided for informational purposes only, and is not intended to cover all possible uses, directions, precautions and consequences. We do not provide any medical advice or medical treatment. Your use of RENDLE Services and/or RENDLE Content does not create a doctor-patient relationship or constitute medical advice or care. Please consult your doctor or other qualified healthcare provider before starting any recommended activity, changing any medication, your diet, or any course of treatment or if you have any questions about a medical condition.

You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information RENDLE has provided or something you have read on a RENDLE Site or any other RENDLE content. Do not use the Services as a substitute for consulting with your physician or other healthcare provider. The Services and RENDLE Content are for non-emergency purposes only and should not be used during a medical emergency or for the diagnosis or treatment of any medical condition. If you think you may have a medical emergency, call your doctor immediately or call your emergency service: 911 in North America, 112 in the EU, 999 in the UK, 998 in the UEA and 000 (triple zero) in Australia.

3: REGISTRATION, USER CONDUCT AND USE OF THE SERVICES

You must be at least 18 years old to use the RENDLE Site and the Services. You will be sent an email through a secured link or you will be given an account with an initial password to access the Site and the Services and to receive messages from RENDLE. You agree to notify us immediately of any unauthorized use of your password and/or account. RENDLE will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.

Your permission to use the Site is conditioned upon the following use, posting and conduct restrictions:

You agree that you will not under any circumstances:

access the Site and the Services for any reason other than your personal, non-commercial use solely as permitted by the normal functionality of the Site and the Services;
collect or harvest any personal data of any user of the Site or the Services;
use the Site or the Services for the solicitation of business in the course of trade or in connection with a commercial enterprise;
distribute any part or parts of the Site or the Services without our explicit written permission (we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis);
use the Site or the Services for any unlawful purpose or for the promotion of illegal activities;
attempt to, or harass, abuse or harm another person or group;
use another user’s account without permission;
intentionally allow another user to access your account;
provide false or inaccurate information when registering an account;
interfere or attempt to interfere with the proper functioning of the Site or the Services;
make any automated use of the Site, the Services or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
bypass any robot exclusion headers or other measures we take to restrict access to the Site or the Services, or use any software, technology, or device to scrape, spider, or crawl the Site or the Services or harvest or manipulate data;
circumvent, disable or otherwise interfere with any security-related features of the the Site and the Services or features that prevent or restrict use or copying of content, or enforce limitations on use of the Site and the Services or the content accessible via the Site and the Services; or
publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer.

4: LINKS TO OTHER WEBSITES OR CONTENT

As part of the Services, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to you. We have no control over Third Party Sites or Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, reliability or completeness, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply our approval or endorsement. Opinions, advice, statements, offers, or other information or content on Third Party Sites are those of their respective authors. We do not guarantee the accuracy, completeness, or usefulness of any information on Third Party Sites. We take no responsibility and assume no liability for any Third Party Site or Third Party Content. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on Third Party Site. If you decide to leave the Site and access Third Party Sites, to use or install any Third Party Applications, Software or Content or to act in reliance on such Third Party Sites, or Content, you do so at your own risk and you should be aware that our terms and policies, including these Terms and Agreements, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site.

5: PROPRIETARY RIGHTS

We and/or our licensors retain ownership of all proprietary rights of any kind related to the Site, the RENDLE Content and all other aspects of the Services, including applicable copyrights, trademarks and other intellectual property rights (the "RENDLE IP").

Subject to your compliance with these Terms and the Agreements, we grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited right to access our Site, view, download and use the Site, RENDLE Content and other aspects of the Services provided by RENDLE solely for your personal, noncommercial use in accordance with all applicable laws. We reserve all rights that are not expressly granted to you under these Terms and Agreements.

You agree to abide by all copyright notices, information, and restrictions contained in the Site, RENDLE Content or the Services. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit the Site, any RENDLE Content, or any other proprietary rights or other valid rights related to the Services not owned by you without the consent of the respective owners or in any other way that violates any third-party right.

To the extent the Services expressly authorize you to do so, you may download or copy the RENDLE Content and other items displayed on the Site and the Services for download but solely for your personal use in accordance with these Terms and only if you maintain all copyright, trademark, and other notices contained in those items. Copying or storing any RENDLE Content for any use other than personal, noncommercial use in accordance with these Terms and the Agreements is expressly prohibited without prior written permission from us or from the copyright holder identified in the item’s copyright notice.

RENDLE, the RENDLE logo, TRUE WEALTH IS YOUR HEALTH, LIFESTYLE SNAPSHOT, the OPTIMAL STARTING POINT, HEALTHY BACK ROADMAP, HEALTHY WEIGHT ROADMAP, HEALTHY LIFESTYLE LITERACY, HAPPINESS ROADMAP, RENDLE HEALTHY LIFESTYLE RULES, other RENDLE product and service names, graphics and logos appearing in our RENDLE Content or our Site are our service marks and trademarks (the "RENDLE Marks"). The Terms, the Agreements or use of any aspect of the Services do not grant you any right, title, or interest in or to any license to reproduce or otherwise use RENDLE Marks without RENDLE's prior permission.

6: NOTICES

Communications made through the Service’s email and messaging system will not constitute legal notice to the Site, the Service, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.

7: ELECTRONIC COMMUNICATIONS

As a condition to accessing or using the Site and the Services, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms and the Agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

We may also use your email address to send you other messages, including information about the Site or the Service and special offers. You may opt out of such email by changing your account settings, using the “Unsubscribe” link in the message, or by sending an email to [insert email address]. Opting out may prevent you from receiving messages regarding the Site, the Service or special offers.

8: WARRANTY DISCLAIMER

THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICES INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

9: LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, THE SERVICES, ITS AFFILIATES, OFFICERS, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER INFORMATION; (B) YOUR USE OR INABILITY TO USE THE SERVICES; (C) THE SERVICES GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

10: MODIFICATION

We can amend these Terms and the Agreements at any time and will update these Terms and the Agreements in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms and the Agreements. We will endeavor to notify you of material changes to the Terms and the Agreements by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms and the Agreements (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of these Terms or the Agreement on our part via telephonic or email communications shall be valid.

11: GENERAL TERMS

If any part of these Terms or the Agreements is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement. You agree that any cause of action related to or arising out of your relationship with RENDLE must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

We may assign or delegate these Terms and the Agreements, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms and the Agreements without our prior written consent, and any unauthorized assignment or delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND THE AGREEMENTS, UNDERSTAND THE TERMS AND THE AGREEMENTS, AND WILL BE BOUND BY THESE TERMS AND THE AGREEMENTS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS AND THE AGREEMENTS REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.