Alo Moves

These Terms of Service (“Terms”) are a legal agreement between you and Alo, LLC and its affiliates, subsidiaries and successors and assigns (collectively, (“Alo” “us,” or “we”) regarding your use of services available at www.alomoves.com and via any Alo Moves mobile or other software application, including any downloadable software program that you are accessing or installing on your device or personal computer and the services available through that software program (together, the “Service”). As used in these Terms, the terms "you" and "your" refer to, and these Terms shall be binding upon, any person or entity who purchases, activates, receives, uses, accepts or otherwise accesses the Service. BY USING ANY PORTION OF THE SERVICE, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE. Service Description The Service is a fitness, wellness and social network and video platform. Users of the Service may log their fitness activities; see, comment and like the activities of other users; and receive analyses and insights from the Service about their progress. Users may also download training materials from other users and coaches, some of which is provided for a fee. Eligibility You must be at least 18 years of age or older, or the age of majority as determined by the laws of your province or territory of residency, and have full legal capacity to assume the obligations set forth in these Terms and to use the Service. The Service is not intended for those under the age of 18. You represent and warrant that any profile information you submit is true and accurate and that you are of the age of majority as determined by the laws of your province or territory of residency, and are fully able and competent to enter into and abide by these Terms. If you are using the Service on behalf of your employer, you represent that you are authorized to accept these Terms on your employer’s behalf. Use of the Service is void where prohibited. Alo Moves Account In order to use the Service, you must create an account (an “Alo Moves Account”). When registering for an Alo Moves Account, you must provide accurate and complete information and promptly update this information to keep it current. If you provide any information that is inaccurate or incomplete, or we have reason to believe that the information is inaccurate or incomplete, we may suspend or terminate your Alo Moves Account and your use of the Service, and provide you with partial refunds, as applicable, for any unused portion of Fees you may have paid for a Paid Subscription (as defined below), if any, as set forth below. You are solely responsible for all activities that occur through your Alo Moves Account – with or without your permission. To protect your Alo Moves Account from unauthorized use, do not provide your username or password to anyone else. Please notify us immediately of any unauthorized use of your Alo Moves Account or any other breach of security by sending an email to [email protected]. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, WE ARE NOT RESPONSIBLE FOR ANY LOSS OR ACTIVITY THAT RESULTS FROM THE UNAUTHORIZED USE OF YOUR ALO MOVES ACCOUNT. Any personal information you provide is governed by the terms of the Alo Moves Privacy Policy (the “Privacy Policy”), which is located under the “privacy” heading at https://www.alomoves.com/. License Subject to the terms and conditions of these Terms, Alo grants you a personal, non-exclusive, non- assignable, non-transferable, revocable license to access and use the Service, including a reasonable number of copies of any content, material or software made available by Alo, for non-commercial and personal use only. You must comply with all applicable laws when using the Service. Except as may be expressly permitted by applicable law or expressly enabled by a feature of the Service, you will not, and will not permit anyone else to: (a) store, copy, modify, or distribute any of the content made available on the Service; (b) compile or collect any content available on the Service as part of a database or other work; (c) use any automated tool (e.g., robots, spiders) or manual process to monitor, store, copy, modify, distribute, or resell any content from the Service; (d) frame or otherwise incorporate the Service or any portion of the Service as part of another website or service; (e) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Service (including the display of third party advertising); (f) circumvent or disable any digital rights management, usage rules, or other security features of the Service, or any content available on the Service; (g) use the Service in a manner that threatens the integrity, performance, or availability of the Service; (h) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Service or any content available from the Service; or (i) include any personal or identifying information about another person in your User Content (defined below) without that person’s explicit consent. User Content In connection with registration for an Alo Moves Account, users may upload photos or other materials or information to the Service (“User Content”). You agree that you will not upload User Content to the Service unless you have created that content yourself, or you have permission from the copyright owner to do so. Communications in chat areas, forums, bulletin boards, communities, groups, or other public or common areas of the Service are not private communications. You should use caution when submitting any User Content that contains your personal information to a public or common area of the Service. For any User Content that you upload to the Service, you grant us and our subsidiaries, affiliates, and successors: (a) a worldwide, non-exclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, prepare derivative works of, distribute, publicly perform, and publicly display that User Content throughout the world in any media in connection with the Service and Alo’s business, including without limitation for promoting the Service; and (b) the right to use the name that you submit in connection with your User Content, if we choose. You retain all rights in your User Content, subject to the rights granted to Alo in these Terms. You may modify or remove your User Content via your Alo Moves Account or by terminating your Alo Moves Account, but Alo may, in accordance with the Privacy Policy and applicable laws, retain in its systems and use non-personally identifiable data that is derived from your User Content. You agree not to upload to the Service or otherwise post, transmit, distribute, or disseminate through the Service any material that: (i) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, inflammatory, abusive, abusive, inflammatory; (ii) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (iii) breaches any duty toward or rights of any person or entity, including rights of publicity or privacy; (iv) contains corrupted data or any other harmful, disruptive, or destructive files; (v) advertises products or services competitive with Alo or its partners’ products and services, as determined by Alo in its sole discretion; or (vi) in Alo’s sole and absolute judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Service, or which may expose Alo, its affiliates, or users to harm or liability of any nature. Although Alo has no obligation to screen, edit, or monitor any User Content, Alo reserves the right, and has absolute discretion, to remove, screen, edit, or disable any User Content at any time and for any reason without notice. You understand that by using the Service, you may be exposed to User Content that is offensive, indecent, objectionable, or inaccurate. We take no responsibility and assume no liability for any User Content, including any loss or damage to any of your User Content. Licensed Content Contents on the Service, including User Content and certain content offered through the Service which is available to you solely in connection with a Paid Subscription, has been licensed to Alo in accordance with various agreements between Alo and the persons or entities who own the rights to that content ("Licensed Content"). Licensed Content is protected by all applicable intellectual property laws. The Licensed Content is provided for informational purposes only. The Licensed Content is not intended to be a substitute for professional fitness or medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health or fitness provider with any questions you may have regarding a fitness regimen or medical condition. Do not disregard professional advice because of something you have read on the Service. Any opinion, advice, statement, service, offer, or other information that constitutes part of the Licensed Content expressed or made available via the Service are those of the respective authors or producers and not of Alo or its directors, officers, employees, agents, representatives, partners, or affiliates. Under no circumstances will Alo or its directors, officers, employees, agents, representatives, partners, or affiliates be held liable for any loss or damage caused by your reliance on any information obtained through the Service. Copyright Infringement Alo respects the intellectual property rights of others and asks you to do the same. It is Alo’s policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on the Service in a way that constitutes copyright infringement, please contact Alo’s copyright agent at the address below and provide the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyright-protected work that you claim has been infringed; (c) the location on the Service of the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a statement by you regarding your good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. By submitting a copyright infringement notice, you acknowledge and agree that Alo or its copyright agent may forward the information you provide in this notice to the person who uploaded the allegedly infringing material. You may write to Alo’s designated agent for notice of copyright infringement at: Alo Attn: Legal, Copyright Infringement 9830 Wilshire Blvd Beverly Hills, CA 90212 If you believe that your removed or disabled User Content is not infringing, or that you have the authorization or right to post and use that User Content from the copyright owner, the copyright owner's agent, or pursuant to law, you may send a counter-notice containing the information required by Section 512(g)(3) of the Digital Millennium Copyright Act (17 USC § 512(g)(3)). Alo or its copyright agent will forward your counter-notification to the party who submitted the original copyright infringement claim. If the original claimant does not file an action seeking a court order to restrain you from engaging in infringing activity related to the removed or disabled User Content within 10 business days of receiving the counter-notice from Alo, then Alo may, in its sole discretion, reinstate the removed or disabled material. Ownership; Trademarks We, our affiliates, and our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the Service. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you. Alo is a trademark of Alo, LLC. Other product, brand, and company names and logos used on the Service are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing on the Service without our prior written consent or the owner of the mark, as appropriate, is strictly prohibited. Communications with Users; User Meet-ups When you join Alo, you understand and agree that you may receive communications from the other members of the Service. You also understand and agree that individual users are each acting independently and that no user is Alo’s representative or agent. The Service may include tools that enable users to arrange in-person meetings. Alo is not involved in arranging or supervising meetings, and has no control over who attends meetings or the actions of any individual at any meeting. Please use caution and good judgment when arranging or attending meetings. You agree that you bear all risk associated with any meeting you attend, and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Service or any meeting you attend. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. Alo Moves Paid Subscription We provide numerous subscription options for the Service. Certain Service options are provided free-of- charge, while other options require payment before they can be accessed (the “Paid Subscriptions”) You can access a Paid Subscription by signing up to pay monthly or annually. The fees applicable to your Paid Subscription (the “Fees”) are governed by the specific Paid Subscription plan you agreed to. Alo makes no representation or warranty that the Fees are the lowest or best price at any given time during the term of your Paid Subscription. Cooling off Period You may terminate your Paid Subscription with immediate effect at any time within the period of 12 days (or such later date to the extent required by applicable law) after the date that you initially signed up for a Paid Subscription (the “Cooling Off Period”), without incurring any liability. If you choose to cancel your Paid Subscription within the Cooling off Period, we will provide you with a refund on all Fees previously paid by you for such Paid Subscription. Processing of Payments Alo uses a third-party payment processor (the “Payment Processor”) to link your credit card to your Alo Moves Account to the Service and process all payments made to Alo. The processing of payments or credits, as applicable, in connection with your use of the Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these Terms. Alo is not responsible for any errors by the Payment Processor. In connection with your use of the Service, Alo may obtain certain transaction details, which Alo will use solely in accordance with the Privacy Policy. Recurring Billing The Fees will be billed at the beginning of the paying portion of your membership cycle unless and until you cancel your membership. We automatically bill your payment method each month on the calendar day corresponding to the commencement of your paying membership. Upon notice to you, we reserve the right to change our billing timing, in particular, if your payment method has not successfully been charged. You will receive notice prior to any automatic renewal of your Paid Subscription in accordance with applicable law. Refund Rights If you cancel your Paid Subscription prior to its expiration, you will receive a refund of amounts you directly paid in advance. We will refund to you on a pro-rata basis, as applicable, calculated on a daily basis all Fees prepaid by you for remaining portions of the Paid Subscription. Cancellations You may cancel your Alo Moves Account at any time and for any reason. To cancel your Alo Moves Account, please visit your membership settings at https://www.alomoves.com/settings/membership. Following a cancellation, you will lose access to your previous Alo Moves Account history and all training plans you enrolled in during your membership upon the effective date of cancellation or in the case of a Paid Subscription, at the end of the then-current billing period. If you choose to subscribe to a new Paid Subscription, your billing date will update to the day you reactivate your Paid Subscription. Third-Party Content We may email or provide you coupons, offers, and other specials from third parties (collectively “Promotions”). Alo is not responsible for the redemption, errors, omissions, or expiration of Promotions. All Promotions featured as a part of the Service are subject to change without notice and we have no control over their legality or the ability of any merchant to complete the Promotion (including, the sale in accordance with the offer). The Service may contain links to web pages and content of third parties ("Third-Party Content") as a service to those interested in this information. We do not monitor, endorse, or adopt, or have any control over, any Third-Party Content. We undertake no responsibility to update or review any Third-Party Content and can make no guarantee as to its accuracy or completeness. Additionally, if you follow a link or otherwise navigate away from the Service, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content provider to which you navigate from the Service. You access and use Third-Party Content at your own risk. The Service may contain advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. Music Music on the Service is powered by Feed.fm. There is no affiliation, connection, association or endorsement of the products, goods or services displayed on this page or on any component of the Service between Alo and the copyright owners, featured recording artists and authors of the sound recordings (and the musical works embodied therein) transmitted through the Feed.fm player. Assumption of Risk Consumer protection laws in some jurisdictions, do not allow for service providers to limit their liability with respect to the consequences of their own acts or the acts of their representatives. If these laws apply to you, the exclusions or limitations in the following sections may not apply. In all other jurisdictions, and to the fullest extent permitted by applicable law: You understand that the Service is intended to be used in connection with athletic and fitness activities. You expressly acknowledge that engaging in athletic or fitness activities as part of your usage of the Service carries certain inherent and significant risks of property damage, bodily injury or death and that, to the extent permitted by applicable law, you voluntarily assume all known and unknown risks associated with these activities even if caused in whole or part by the action, inaction or negligence of Alo or by the action, inaction or negligence of others. You also expressly agree that Alo does not assume responsibility for the inspection, supervision, preparation, or conduct of any fitness activity, contest, group interaction, gathering, or event that utilizes the Service. Please consult your physician before using the Service in connection with any athletic and fitness activities. This is especially important for persons over age 35 or persons with pre-existing health problems. Discontinue any use of the Service or engaging in any such athletic or fitness activities that cause you pain, fatigue, discomfort, nausea, dizziness, or shortness of breath and consult a medical expert. Start slowly and at the level that is appropriate for you. Don’t overexert yourself. Take breaks periodically. Stop and rest if your muscles, joints, or eyes become tired or sore. Do not use the Service or engage in any such athletic or fitness activities under the influence of drugs or alcohol, and make sure your balance and physical abilities are sufficient for any movements and activities while using the Service. Disclaimer of Warranties Consumer protection laws in some jurisdictions do not allow for the limitations and exclusions of warranties. If these laws apply to you and to the extent they cannot be disclaimed or excluded, the exclusions or limitations in the following sections may not apply. In all other jurisdictions, and to the fullest extent permitted by applicable law: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALO, ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT. ALO DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE OR THAT ANY DATA SENT BY OR TO YOU WILL BE ACCURATE, COMPLETE, TRANSMITTED IN UNCORRUPTED FORM, OR TRANSMITTED WITHIN A REASONABLE AMOUNT OF TIME. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DELAY OR LOSS OF ANY KIND THAT RESULTS FROM YOUR ACCESS OR USE OF THE SERVICE, INCLUDING LOSS OF ANY LOSS OR HARM TO YOUR MOBILE DEVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ALO, THROUGH OR FROM THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. Limitation of Liability Consumer protection laws in some jurisdictions do not allow for the limitations of liability. If these laws apply to you and to the extent they cannot be disclaimed or excluded, the exclusions or limitations in the following sections may not apply. In all other jurisdictions, and to the fullest extent permitted by applicable law: NEITHER ALO NOR ITS AFFILIATES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF ADVISED OF THE POSSIBILITY OF THESE DAMAGES, RESULTING FROM YOUR ACCESS OR USE OF THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS, THE MAXIMUM TOTAL LIABILITY OF ALO, ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS TO YOU FOR ANY CLAIM RELATED TO THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE OR $10. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Indemnity You will defend (with the defense and legal counsel assumed and selected by Alo in its sole and absolute discretion), indemnify and hold Alo, its affiliates, directors, officers, agents, employees, and its licensors, suppliers, and Distributors harmless from any costs, damages, expenses, and liability caused by your use of the Service, your violation of these Terms, or your violation of any rights of a third party through use of the Service. Access; Modifications to the Service Alo does not provide you with the equipment to use the Service. You are responsible for all fees charged by third parties to access and use the Service (e.g., charges by ISPs or mobile carriers). Alo reserves the right to modify or discontinue, temporarily or permanently, all or a part of the Service without notice. Alo will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. No Support Unless otherwise agreed by Alo in writing, Alo is not obligated to provide any support for the Service. Privacy Alo collects registration and other information about you through the Service. Our collection and use of this information is described in the Privacy Policy, which is incorporated into these Terms and available at http://www.alomoves.com/privacy Feedback If you provide feedback to Alo regarding the Service (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Alo to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to Alo a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use the Feedback in any manner and for any purpose. Changes to Terms We reserve the right to modify these Terms from time to time, in our sole and absolute discretion. If we modify these Terms, we will indicate that we have done so on the Alo website at http://www.alomoves.com/terms or otherwise provide you notice. It is your responsibility to review these Terms regularly. Use of the Service after the effective date of a modification constitutes your acceptance of any modified Terms. Alo will send you an email notice of any material modification to these Terms before the modification becomes effective. You will have the opportunity to refuse the change or cancel the contract without cost, penalty by sending us a notice to that effect no later than 30 days after the effective date of the modification. Termination Consumer protection laws in some jurisdictions may not allow you to limit your recourses regarding legal proceedings. If these laws apply to you, and to the extent they cannot be disclaimed or excluded, the following provisions may not be applicable. In all other jurisdictions, and to the fullest extent permitted by applicable law: You may terminate your use of the Service at any time by terminating your Alo Moves Account and deleting any Alo software from your device or personal computer. Termination of your Alo Moves Account is your sole right and remedy with respect to any dispute with Alo regarding the Service or these Terms. Alo may suspend or terminate your access to the Service at any time, for any reason. If Alo suspects that you have violated any provision of these Terms, Alo may also seek any other available legal remedy. Your rights under these Terms will terminate automatically if you fail to comply with any of these Terms. Upon termination, you must destroy or delete any copy of Alo software in your possession. You remain solely liable for all obligations related to use of the Service, even after you have stopped using the Service. Neither Alo nor any of its licensors, suppliers, or publishers are liable to you or to any third party for any loss caused by any termination of the Service or termination of your access to the Service. Assignment These Terms, and any rights or licenses granted under these Terms, may not be transferred or assigned by you, but may be assigned by Alo without restriction. Any assignment attempted in violation of these Terms is void. Governing Law; Venue Consumer protection laws in some jurisdictions might require that your agreement be governed by the laws of your jurisdiction and heard by competent courts in your jurisdiction. If these laws apply to you, and to the extent they cannot be disclaimed or excluded, the following provisions may not be applicable. In all other jurisdictions, and to the fullest extent permitted by applicable law: These Terms will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law provisions. You agree that any judicial proceedings will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state and federal courts in Los Angeles, California. Any dispute or controversy arising out of, relating to or concerning any aspect of these Terms shall be settled by binding arbitration to be held before a neutral arbitrator in Los Angeles, California, under the auspices of the American Arbitration Association. The arbitrator shall permit discovery sufficient to allow any party to the arbitration to take such discovery as is reasonably sufficient to allow that party to secure the information reasonably necessary to present their claim. The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitration shall be final, conclusive and binding on the parties to the arbitration. The award issued by the arbitrator shall be in writing and shall set forth the essential findings and conclusions that form the basis of the award. Judgment may be entered on the arbitrator's award in any court having jurisdiction. Except as may otherwise be provided by law, each party shall pay an equal share of the fees and costs charged by an arbitrator to hear the arbitration of this matter. Each party shall be solely responsible for payment of their respective attorney's fees and costs. The parties agree that all matters relating to any dispute which is the subject of the arbitration hereunder, including all submissions made to the arbitrator and the decision of the arbitrator, shall be treated as confidential by the parties and the parties shall cause any witnesses, counsel or professional advisers retained in connection with such arbitration to maintain all such matters in strict confidence. Claims may not be joined or consolidated in arbitration with other disputes brought by third parties, unless agreed to by Alo. Claims Consumer protection laws in some jurisdictions may not allow you to limit your time limitation to commence legal proceedings. If these laws apply to you, and to the extent they cannot be disclaimed or excluded, the following provisions may not be applicable. In all other jurisdictions, and to the fullest extent permitted by applicable law: YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, THAT CAUSE OF ACTION IS PERMANENTLY BARRED. Waiver and Severability of Terms The failure of Alo to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Alo. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. Consent to Electronic Communications By using the Service, you consent to receiving electronic communications from us. These communications may include notices about your Alo Moves Account and information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You are solely responsible for all fees charged by your telecommunications service provider or any other service provider related to your use of the Service, including without limitation any SMS / text messaging fees, data charges, and other fees. Entire Agreement These Terms, including any documents or agreements incorporated herein by reference, are the entire agreement between you and Alo regarding your use of the Service.