WHO is Responsible for Processing Your Personal Data?
WHAT Personal Data Do We Collect and When?
TOOLS to Manage What Personal Data We Collect
WHY and HOW Do We Use Your Personal Data?
SHARING of Your Personal Data
PROTECTION and MANAGEMENT of Your Personal Data
COOKIES and Pixel Tags
USING the Advancea Platform with Third-Party Products and Services
QUESTIONS and Feedback
WHO is Responsible for Processing Your Personal Data?
WHAT Personal Data Do We Collect and When?
We ask you for certain personal data to provide you with the products or services you request. For example, when you make purchases, contact our member services, request to receive communications, create an account, participate in our events or contests, or use our Platform.
This personal data includes your:
contact details including name, email, telephone number and shipping, billing address;
login and account information, including screen name, password and unique user ID;
personal details including gender, hometown, date of birth and purchase history;
payment or credit card information;
images, photos and videos; or
personal preferences including your favorite list as well as marketing preferences.
We collect additional personal data from you to enable particular features within our Platform. For example, we request access to your phone’s location data to log your activity, your contacts to allow you to interact with your friends, your calendar to schedule a demonstration or your social network credentials to post content from our Platform to a social network. This personal data includes your:
photos, contacts and calendar information;
sensor data and (GPS) location data; or
social network information, including credentials and any information from your public posts about us or your communications with us.
When interacting with our Platforms, certain data is automatically collected from your device or web browser, as further described below in the section titled “Cookies and Pixel Tags.” This data includes:
Device IDs, call state, network access, storage information and battery information; and
Cookies, IP addresses, referrer headers, data identifying your web browser and version, web beacons, tags, and interactions with our Platform.
We do not knowingly collect personal information online from children under the age of 18.
TOOLS to Manage What Personal Data We Collect
When using our Platform, we also provide in-time notice or obtain consent for certain practices. For example, we will obtain consent to use your location or to send push notifications. We may obtain this consent through the Platform or using the standard permissions available on your device.
In many cases, your web browser or mobile device platform will provide additional tools to allow you to control when your device collects or shares particular categories of personal data. For example, your mobile device or web browser may offer tools to allow you to manage cookie usage or location sharing. We encourage you to familiarize yourself with and use the tools available on your devices.
At this time, we do not respond to “do not track” signals sent by web browsers.
WHY and HOW Do We Use Your Personal Data?
We use your personal data in the following ways:
To Provide the Features of the Platform and the Services You Request
When you use our Platform, we will use your personal data to provide the requested product or service. For example, if you inquire service/program on PerksMarketplace.com, or participate in an event or promotion, or provide feedback, or communicate to us, we will use the contact information you give us to communicate with you about the inquiry, event or promotion. If you contact our consumer services, we will use information about you, such as service/program inquiries, or the service/product you have participated to help you resolve a problem or question.
If you use our Platform to inquire service/program, or participate in an event or promotion or provide feedback, or communicate to us, we will collect this personal data and store it so that you can review it in the Platform. Your activity data may include data you enter about your activity or data collected by your device during your activity such as service data and location data. We may use this activity data to calculate further information about your activity, such as service/program inquiries, so that the calculated information can be provided to you as part of the functionality of the Platform.
In many cases, to use particular features within our Platform you may need to provide us with additional data or additional consent to use particular data in a certain way. For example, to share content on social media, you may be required to provide your social media account credentials to sign in.
To Communicate Information about our Products, Services, Events and for Other Promotional Purposes
If you are an existing member of PerksMarketplace (for example, if you have inquired service/program information with us), we may use the contact details you provided to send you marketing communications about similar products or services, where permitted by applicable law (unless you have opted out). In other cases, we ask for your consent to send you marketing information.
We may use the information that you provide to us as well as information from other Advancea products or services - such as your use of Advancea’s Platform, your visits to or inquiries, your participation in Advancea events and contests (possibly through other Advancea affiliates) - to personalize communications and advertisements regarding our products and services that may be of interest to you. For registered users, this may include data collected from your interactions with our Platform that are associated with your account across devices.
To Operate, Improve and Maintain our Business, Products and Services
We use the personal data you provide to us to operate our business. For example, when you make an inquiry, we use that information for accounting, audits and other internal functions. We may use personal data about how you use our products and services to enhance your user experience and to help us diagnose technical and service problems and administer our Platform.
To Protect Our or Others' Rights, Property or Safety
For General Research and Analysis Purposes
We use data about how our visitors use our Platform to understand member behavior or preferences. For example, we may use information about how visitors to PerksMarketplace.com search for and find products to better understand the best ways to organize and present product offerings in our storefront.
We may also use your personal data in other ways and will provide specific notice at the time of collection and obtain your consent where necessary.
SHARING of Your Personal Data
Advancea shares your personal data with:
Advancea entities for the purposes and under the conditions outlined above
Service providers processing personal data (including the personal data noted in the "What Personal Information Do We Collect and When" section) for business purposes on Advancea’s behalf, for example to process credit cards and payments, shipping and deliveries, host, manage and service our data, distribute emails, research and analysis, advertising, analytics, manage brand and product promotions as well as administering certain services and features.
To any other third party where you have provided your consent.
We may also transfer personal data we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, spin-off, dissolution or liquidation).
We do not sell your personal data.
When you use certain social features on our Platform, you can create a public profile that may include information such as your screen name, profile picture and hometown. You can also share content with your friends or the public, including information about your PerksMarketplace activity. We encourage you to use the tools we provide for managing PerksMarketplace social sharing to control what information you make available through PerksMarketplace’s social features.
PROTECTION and MANAGEMENT of your Personal Data
Encryption & Security: We use a variety of technical, administrative, and organizational security measures, including encryption and authentication tools in certain circumstances, to maintain the safety of your personal data.
Despite our efforts, no website, mobile application, database or system is completely secure or “hacker proof.” You can help keep your data safe by taking reasonable steps to protect your personal information against unauthorized disclosure or misuse.
Retention of your personal data: We retain your personal data for as long as necessary to fulfil the purposes described in this policy, unless otherwise required or permitted by law. For example, we keep your account profile information for as long as you keep your PerksMarketplace account, but, we may keep your order history longer to comply with legal obligations. Data details can be found in the “What happened to my PerksMarketplace data” section below.
What happened to my PerksMarketplace Data?
At Advancea, we are committed to protecting the privacy of our PerksMarketplace Members. As such, we store your data only as long as you maintain an active PerksMarketplace Membership—meaning you’ve signed into your PerksMarketplace Member profile on any PerksMarketplace website or app within the previous two years. After two years of inactivity, your personal information is still available in your settings when you sign back in to your PerksMarketplace Member profile, but your individual runs and workouts are replaced with aggregate information (please see “How was my data affected?” below). After five years of inactivity, we delete your profile and all associated data, and neither is recoverable.
If you’ve been active in the past two years and your data is missing, or if you’ve been inactive between two and five years and you do not see your aggregate data as you should, please contact us. If it’s been five years since you were active, you can create a new PerksMarketplace Member profile by downloading any of our apps. The easiest way to maintain access to your data is to stay active on any of Advancea’s digital platforms.
Why was my data/profile deleted?
At Advancea, we are committed to protecting the privacy of our PerksMarketplace Members. That commitment includes only storing data of active PerksMarketplace Members, so after two years of inactivity, we aggregate individual run and workout data, and after five years we permanently delete PerksMarketplace Member profiles and all associated data. This ensures that we are not holding information of individuals that no longer engage with Advancea and that we are complying with applicable legal requirements.
Managing your personal data: You may have the right to request: (i) access to your personal data (both the categories of data we collect, which is laid out in this policy, and particular types); (ii) an electronic copy of your personal data; (iii) correction of your personal data if it is incomplete or inaccurate; or (iii) deletion or restriction of your personal data in certain circumstances as provided by applicable law. We will not discriminate against you for the exercise of these rights. If you request to delete your account, you can create a new account on our Platform at any time. If you have a request regarding your personal data that cannot be fulfilled from your account settings, please contact us. Contact details can be found in the “Question and Feedback” section below.
Managing your content: You can request removal of your posted User Generated Content on the Platform, but please note that removal may not encompass all possible locations, for example, back-ups or sharing by other users initiated prior to removal.
Managing your notifications: If you have a PerksMarketplace account, you can opt-out of receiving Advancea’s marketing communications by modifying the preferences in your account settings. Alternatively, you can opt-out by following the opt out or unsubscribe instructions in the message or by contacting us. Contact details are in the “Questions and Feedback” section below.
COOKIES and Pixel Tags
Advancea collects information, which may include personal data, when you use our Platform. We use a variety of methods, such as cookies and pixel tags to collect this information, which may include your (i) IP-address; (ii) unique cookie identifier, cookie information and information on whether your device has software to access certain features; (iii) unique device identifier and device type; (iv) domain, browser type and language, (v) operating system and system settings; (vi) country and time zone; (vii) previously visited websites; (viii) information about your interaction with our Platform such as click behavior, purchases and indicated preferences; and (ix) access times and referring URLs.
Some advertising and technology partners may also collect personal data when you use our Platform. These partners have committed to act as service providers on Advancea’s behalf and have committed to only use your personal data for Advancea’s purposes as described in this policy.
In some instances our Platforms allows you to log-in with or connect your PerksMarketpalce account with a third-party social media or partner account. If you do so, your use of their technology within our Platform is subject to their terms and policies.
Functional: These cookies are required for basic Platform functionality and are therefore always enabled. These include cookies that allow you to be remembered as you explore our Platform within a single session or, if you request, from session to session. They help make the shopping cart and checkout process possible as well as assist in security issues and conforming to regulations.
Performance: These cookies allow us to improve our Platform's functionality by tracking usage. In some cases, these cookies improve the speed with which we can process your request and allow us to remember Platform preferences you have selected. Refusing these cookies may result in poorly-tailored recommendations and slow Platform performance.
Social media and Advertising: Social media cookies offer the possibility to connect you to your social networks and share content from our Platform through social media. Advertising cookies collect information to help better tailor advertising to your interests. In some cases, these cookies involve the processing of your personal data. Refusing these cookies may result in seeing advertising that is not as relevant to you or you not being able to link effectively with Facebook, Twitter, or other social networks and/or not allowing you to share content on social media.
Your browser can help you manage cookies. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings on each browser and device that you use. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you may not have access to many features that make our Platform more efficient and some of our services will not function properly. There are also general resources for opting out of interest based advertising available on the websites of the Network Advertising Initiative and the Digital Advertising Alliance.
Similarly, you can adjust your advertising preferences on your mobile device at the device level. For example, to adjust your advertising preferences in iOS, visit Settings > Privacy > Advertising > Limit Ad Tracking. To adjust your advertising preferences in Android, visit Settings > Google > Ads > Opt out of interest-based ads.
USING the Advancea Platform with Third-Party Products and Services
Our Platform allows you to interact with a wide variety of other digital products and services. For example, our Platform can integrate with third-party devices for activity tracking, social networks, music streaming services and other digital services.
If you choose to connect your PerksMarketplace account with a third-party device or account, your privacy rights on third-party platforms will be governed by their respective policies. For example, if you choose to share your PerksMarketplace activity on third-party social media platforms, the policies of those platforms govern the data that resides there.
Our Platform may provide links to other (third-party) websites and apps for your convenience or information. Linked sites and apps have their own privacy notices or policies, which we strongly encourage you to review. To the extent any linked websites or apps are not owned or controlled by us, we are not responsible for their content, any use of the websites or apps, or the privacy practices of the websites or apps.
QUESTIONS and Feedback
If you wish to provide feedback or if you have questions or concerns, or wish to exercise your rights related to your personal data, please contact Member Services (1.833.203.4225) or our Privacy Office at: Privacy Office, 803 W. Broad St. Suite 730, Falls Church, VA 22046 or send us an email at email@example.com.
If you contact us with a privacy complaint it will be assessed with the aim of resolving the issue in a timely and effective manner.
Date of last revision: September 2020
If you live in any of the following countries, additional terms may apply to you and are viewable at the bottom of these Terms. We display the country within the Terms when applicable. These additional terms override the Terms below to the extent of any inconsistency.
Canada and all European countries.
Welcome to the PerksMarketplace community! You are reading these Terms because you are using an Advancea website, digital experience, social media platform, mobile app, wearable technology, or one of our other products or services, all of which are part of Advancea's Platform (“Platform”). You may access the Platform through a computer, mobile phone, tablet, console, or other technology, which we refer to here as a “Device”. Your carrier's normal rates and fees apply to your Device.
These Terms create a legally binding agreement between you, PerksMarketplace, a subsidiary unit of Advancea, LLC, Advancea, LLC (“we”, “our”, “us”), its subsidiaries and its affiliates located worldwide (collectively “Advancea”) within the Advancea, LLC and its affiliates (which we may refer to as “PerksMarketplace,” “Advancea,” “we,” “us,” or “our”) regarding your use of the Platform. Please review our List of Local Entities for the name of the Advancea entity responsible for providing the Platform to you and the appropriate contact information. A few important points:
Our Terms May Change. Some jurisdictions do not permit unilateral updates or changes to consumer terms, so this paragraph may not apply to you. [See Canada terms.] We may update these Terms from time to time. If a material change is made, we will post a notice on the Platform or send you a notification. Read through any changes, and if you don’t agree to them, please stop using the Platform. If you continue to use our Platform after we notify you of changes, you will be deemed to have accepted the updated Terms, except to the extent prohibited by applicable law. Terms of Sale. By making any purchase with us, you also agree to the Terms of Sale that apply in your country or region.
1. GROUND RULES
Eligibility. You are only eligible to use the Platform if you are of legal age in your country or if you have consent from your parent or guardian. There may be certain age restrictions for specific Platform services in various countries.
Rules for Registration. When you register for an account with us, the following rules apply:
Be True: Provide accurate and current registration information.
Be You: Keep your registration personal. Do not register for more than one PerksMarketplace account, register a PerksMarketplace account on behalf of someone else, or transfer your account.
Be Secure: Keep your username, password and other login credentials secure and do not allow anyone else to use your account.
Be Responsible: Inform PerksMarketplace immediately of any unauthorized use of your PerksMarketplace account. You are responsible for anything that happens through your PerksMarketplace account – with or without your permission. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, PERKSMARKETPLACE IS NOT RESPONSIBLE FOR ANY LOSS OR ACTIVITY THAT RESULTS FROM THE UNAUTHORIZED USE OF YOUR ACCOUNT.
2. OWNERSHIP OF CONTENT
Except for User Content (defined below), all of the content on our Platform - including text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork and other content ("Content") - is owned by Advancea or others we license Content from, and is protected by copyright, trademark, patent and other laws. Advancea reserves all rights not expressly described in these Terms.
All trademarks, service marks and trade names (e.g., the PerksMarketplace name and the Perks Pin Wheel design) are owned, registered and/or licensed by Advancea. You do not acquire a license or any ownership rights to any trademarks, service marks, or trade names through your access or use of the Platform or Content.
You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform.
To the extent Advancea approves the download or use of Content comprised of copyrights or copyrightable works, Advancea grants you a limited, personal, non-transferable, non-sublicensable, and revocable license to access and use such copyrights or copyrightable works solely for their intended purpose and solely for as long as Advancea makes such Content generally available to the public. You do not acquire any ownership rights in the Content (including any trademarks or other intellectual property included in the Content), and all such Content is intended for personal, non-commercial use. Advancea reserves the right to monitor your use and to alter or revoke this license or your access to the Content at any time and for any reason. Advancea reserves the right to take down any Content in violation of these terms or Advancea’s intellectual property rights. Advancea allowing you this limited use does not constitute a waiver of any of Advancea’s rights to the Content.
Outside of the specific usage rights granted to you by Advancea in connection with the Platform, you agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works of, or in any way exploit any Content, including User Content (unless it is your own User Content that you legally post on the Platform), without Advancea’s prior written consent. Unauthorized use of the Content may constitute a breach of copyright, trademark or other intellectual property laws and may subject you to criminal or civil charges and penalties.
3. POSTING CONTENT ON THE PLATFORM
User Content License. Some parts of the Platform allow you to post photos, videos, comments, and other content, which we refer to as “User Content.” Advancea is not responsible for User Content others post to the Platform. User Content is owned by you or whoever created it, but when you post User Content you license it to Advancea as described below:
You represent that you have the right to post your User Content, and you grant Advancea a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use any of the User Content that you post on or in connection with the Platform, including the likeness of any person that appears in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights. Advancea may, in its sole discretion, remove any User Content at any time.
You understand that deleted User Content may persist in Advancea’s systems and on the Platform to the extent your User Content has been publicly posted or shared with others who have not deleted it, unless you or the relevant individual request deletion or blocking of personal data in accordance with applicable law.
LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS. You understand that any comments, feedback, or ideas you send us are provided on a non-confidential basis and you grant to Advancea a perpetual, worldwide license to use all comments, feedback and ideas you may share with us, without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.
4. USER CODE OF CONDUCT
We’re excited to have you contribute to the PerksMarketplace community. Here are a few basic rules:
Be Original. Only post User Content to the Platform if you have all permissions and rights needed to make that User Content available, including from any individuals who appear or are mentioned in your User Content.
Do not do anything that may expose PerksMarketplace or its users to any type of harm, including anything that may disrupt, damage, disable, tamper with, overburden or limit the functionality of the Platform.
Do not post User Content that contains software viruses, programs or other computer code, and do not circumvent or modify any Platform software or security technology.
Do not use any data mining, robots, scraping or similar data gathering methods.
Unless we indicate otherwise, our Platform is a public place. Do not post personal information to the Platform - yours or anybody else’s.
Do not post any advertising, solicitation or commercial content on the Platform or accept payment from a third party in exchange for performing commercial activity on the Platform.
Do not collect or solicit personal information from other Platform users or send unsolicited messages.
Do not use automated technology to interact with the Platform.
Respect the community and do not post User Content, link to a website, or do anything that is illegal, misleading, malicious, harassing, inaccurate, discriminatory, or otherwise objectionable or inappropriate or which violates any applicable laws. Advancea has the right to prescreen, monitor, or remove User Content – but we have no obligation to do so.
Do not impersonate any person or organization, including Advancea employees.
5. COPYRIGHT INFRINGEMENT
Please consult your legal advisor before filing a notice with us because there may be penalties for false claims. Advancea may terminate the accounts of Platform users found to infringe third party copyrights.
If you believe that your work has been improperly copied to the Platform, such that it constitutes infringement, please provide us with the following information:
(1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf;
(2) a description of the copyrighted work that you claim has been infringed;
(3) a description of where on the Platform the content that you claim is infringing is located;
(4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(5) a statement by you, made under penalty of perjury (depending on applicable law), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Send copyright infringement complaints to:
Legal Department (Copyright)
803 W. Broad St, Suite 730, Falls Church, VA 22046
6. PARTNERS ON THE PLATFORM
7. IMPORTANT DISCLAIMERS
PHYSICAL ACTIVITY. [See Canada terms, because the following exclusions and limitations may not apply to you.] The Platform may include features that promote physical activity, nutrition or general wellness. They are for your informational purposes only and are not intended as medical advice or services, or for diagnostic or treatment purposes.
Consider the risks involved and consult with your medical professional before engaging in any physical activity.
Never disregard professional medical advice or delay in seeking it because of something you have viewed on the Platform.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, ADVANCE IS NOT RESPONSIBLE OR LIABLE FOR ANY INJURIES OR DAMAGES YOU MAY SUSTAIN THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE FEATURES ON THE PLATFORM.
USER INTERACTIONS. To the extent allowed by applicable law, we are not responsible for your interactions with other users of the Platform or any damage or harm you may experience because of these interactions.
Be responsible and take precautions when interacting with other users (including users you do not know) on the Platform. Before you meet another person face-to-face, consider investigating, bringing a friend, choosing public locations and letting someone know where you will be. Advancea is under no obligation to become involved with any user dispute, but may do so at its own discretion.
WARRANTY DISCLAIMER. Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions and limitations may not apply to you. [See Canada terms.]
The Platform, Content, and the materials and products on this Platform are provided "AS IS.” We aren’t making any promises of any kind, including about the Platform’s accuracy, adequacy, usefulness, reliability or otherwise. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, ADVANCEA IS NOT RESPONSIBLE OR LIABLE FOR ANY USER CONTENT POSTED ON THE PLATFORM.
Advancea does not guarantee that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that the Platform is free of viruses or anything else harmful.
To the fullest extent permitted by law, Advancea disclaims all warranties, express or implied, regarding the Platform, Content, User Content and any products or services you may obtain or access through the Platform, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
You are solely responsible for any damage to your Device resulting from accessing the Platform, to the extent applicable law does not provide otherwise.
We hope you enjoy and get the full benefit of the Platform; however, we do not guarantee any results.
Advancea may terminate or modify any Advancea Platform, member program, product or service at any time without notice.
Advancea may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or any part of the Platform at any time and for any reason, without any liability to Advancea, subject to applicable law.
You understand and agree that some of your User Content, particularly that which is displayed in an activity feed or in other public places on the Platform, may continue to appear publicly even after your account is terminated, subject to your right to have your User Content removed upon request in accordance with applicable law.
These Terms remain in effect even after your account is terminated or you have stopped using the Platform.
9. INDEMNIFICATION / LIMITATION OF LIABILITY
We want you to enjoy our Platform, but Advancea must also protect itself from any damages you may cause.
LIMITATION OF LIABILITY. Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions/limitations may not apply to you. [See Canada terms.] NONE OF THE ADVANCEA PARTIES WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE), OR ATTENDANCE AT A Advancea EVENT OR Advancea PARTNER EVENTS, OR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH THE USE OF THE PLATFORM, EVEN IF Advancea HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST Advancea IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. IF Advancea IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM OR ANY CONTENT, ADVANCEA’S LIABILITY SHALL NOT EXCEED US$100.00 OR EURO 100.00 IF YOU LIVE IN EUROPE.
10. APP MARKETPLACES: You acknowledge that this agreement is between you and Advancea only, and not with the app marketplace where you downloaded an Advancea app (e.g. for iOS users, the App Store operated by Apple Inc. or for Android users, the Google Play store operated by Google Inc.).
11. DISPUTES / ADDITIONAL TERMS
Choice of Law/Jurisdiction
If you live in any of the following countries, different “Choice of Law/Jurisdiction” terms may apply to you: Canada and all European countries.
You agree that this Platform is a passive platform solely based in Virginia, USA, which does not give rise to personal jurisdiction over Advancea in jurisdictions other than Virginia.
Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase and inquiries of Advancea products and services) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Fairfax County, Virginia, USA.
You consent to waive all defenses of “lack of personal jurisdiction” and “inconvenient forum” with respect to venue and jurisdiction in the state and federal courts of Fairfax County, Virginia.
All claims shall be brought within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.
By using the Platform, you agree to receive certain electronic communications from Advancea, subject to applicable law.
You agree that any notice, agreement, disclosure or other communication that Advancea sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Right to Assign, No Waivers, Severability
Advancea may assign its rights and duties under these Terms to any party at any time without notice to you, unless notice to you is required by applicable law, but this will not affect your rights or our obligations under these Terms.
Advancea’s failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or Advancea’s rights. Users should always assume these Terms apply.
If any provision in these Terms is held invalid or unenforceable, the remainder of these Terms shall continue to be enforceable.
Thanks for reading. Please enjoy our community!
COUNTRY SPECIFIC TERMS
The section titled “Our Terms May Change” is qualified by the following:
“(a) Advancea must send to you, at least 30 days before the amendment comes into force, a written notice drawn up clearly and legibly, setting out the new clause and the date of the coming into force of the amendment; and
(b) you may refuse the amendment and rescind or, in the case of a contract involving sequential performance, cancel the contract without cost, penalty or cancellation indemnity by sending Advancea a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in your obligations or a reduction in Advancea’s obligations.”
MULTIPLE SECTIONS: The terms set forth in the sections titled “Physical Activity”, “Warranty Disclaimer”, “Indemnification/Limitation of Liability”, and “Limitation of Liability” are qualified by the following:
“Consumer protection laws in some jurisdictions, including Quebec, do not allow for the limitations and exclusions of warranties on purchased products. If these laws apply to you, the exclusions or limitations in the following sections may not apply: Physical Activity, Warranty Disclaimer, Indemnification/Limitation of Liability, and Limitation of Liability.”
SECTION 11 (DISPUTES/ADDITIONAL TERMS): this section is modified as follows: The sub-section titled “CHOICE OF LAW/JURISDICTION” is modified by adding the following at the beginning of the section:
“Consumer protection laws in some jurisdictions, such as Quebec, might require that your agreement be governed by the laws of your jurisdiction and heard by competent courts in your jurisdiction. In addition, such laws may not allow you to waive your right to be part of a class action or to limit your time limitation to commence legal proceedings. If these laws apply to you, the following limitations may not be applicable."
The following revisions apply to all European countries, except Austria, France, Germany, Italy, Poland and Switzerland, which have other specific revisions to these terms applicable to European Countries.
Section 11 (DISPUTES/ADDITIONAL TERMS): this section is modified as follows:
The sub-section titled “CHOICE OF LAW/JURISDICTION” is deleted in its entirety and replaced with the following (except the last bullet point regarding bringing claims, which remains unchanged):
“Choice of Law/Jurisdiction”
You agree that the Platform, Terms, and any dispute between you and Advancea shall be governed in all respects by Dutch law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.
Except where prohibited and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of Advancea products and services) shall be resolved and exclusively in the competent courts of Amsterdam, the Netherlands.”