Terms of Use & Privacy Policy

Last Revised: June 2024

Section 1: Terms of Use
Section 2: Refunds / Returns Policy (Applicable to physical products only)
Section 3: Privacy Policy

Headings

Headings are for convenience only and shall not be used to interpret, or as a guide for interpretation of, the Terms of Use or Privacy policy.

(Section1) Terms of Use:

We are Earned Not Given Inc. When we say ‘we’, ‘us’ ‘our’ or ‘Earned Not Given’ it’s because that’s who we are, and we own and run Earned Not Given Inc. Earned Not Given is a corporation that provides online health and fitness services (collectively, “Service” or “Services”). Our website, mobile applications, and any related websites owned by us, are hereon referred to as (collectively, the “Site”).

The terms and conditions of service (“Terms of Use”) govern your use of our Services and Site.

Your compliance with these terms is a condition to your use of our Services and Site. By using our Services or Site, you acknowledge you have read, understood, and collectively agree to be bound by our Terms of Use, as amended from time-to-time. If you do not agree to be bound by these terms, promptly stop using our Services and exit the Site. We may modify or amend our Terms of Use at any time, in our sole discretion. Any such modifications or amendments shall be effective immediately. You agree to review our Terms of Use periodically, and your continued use of our Services and Site shall be deemed conclusive acceptance of any modifications or amendments, regardless of notification of such modifications or amendments.

Our Services and Site are not intended for use by individuals under the age of 18 (a “Minor”) unless the Minor has obtained our prior consent to use our Services and Site. Use of our Services and Site by a Minor without such consent is strictly prohibited. We specifically disclaim all responsibility or obligation to monitor or verify the age or legal status of anyone using our Services or Site. We will have no liability resulting from any use of our Services and Site by any Minor. The legal guardians of any Minors we approve, are required to sign our Liability, Terms of Use and Privacy Policy agreement.

Always consult with your physician before beginning any of our Services. The information provided is not intended to diagnose any medical condition or replace your healthcare professional. Our coaches are not healthcare professionals. Based on information that you request and/or provide to us, Earned Not Given provides you access to our Services, including but not limited to, general health, nutrition, exercise, and supplementation advice, from our coaches or through our software. While Earned Not Given believes that the information provided through our Services and Site are current and reliable, Earned Not Given cannot and does not make any such guarantee or warranty. If you ever experience any pain, difficulty, or other problem, stop immediately and consult your healthcare provider.

Liability, indemnification, and Assumption of Risk:

You acknowledge that there is a risk associated with participation in the Services of Earned Not Given. Specific risks from using our Services vary from one nutrition, exercise, supplementation, or lifestyle change to another. Your participation is completely voluntary. You agree to obtain your physician’s clearance prior to commencing our Services. If requested, you will provide us with your physician’s written consent. By using or obtaining the Services you acknowledge that you are assuming all the risks of injury to yourself, unborn child, or others, including, but not limited to illness or medical condition and agree on your own behalf and on behalf of your personal representatives, heirs, estate trustees and assigns to release, indemnify, hold harmless, remiss, and discharge Earned Not Given, its owners, officers, directors, shareholders, agents, strength coaches, management companies, employees or independent contractors, from any and all claims, demands, actions, causes of actions, suits, duties, accounts, covenants and liabilities whatsoever or howsoever arising which you have, or may have, or can have, for or by reason of cause, manner or thing whatsoever (including but not limited to negligence, gross negligence, injury, illness or death) arising out of or related to or connected with the Agreement, your Services provided or offered by Earned Not Given, whether you act on such Services or not. You acknowledge that you have not been induced to enter into this release by any representation or warranty of any kind made by or behalf of Earned Not Given, its owners, officers, directors, shareholders, agents, strength coaches, management companies, employees or independent contractors and that this release is absolute, there being no condition, express or implied, nor any collateral agreement affecting this release which may alter, vary or amend it. You also agree not to make any claim or take any proceedings against any person, corporation or entity that might, could or does claim contribution or indemnity against Earned Not Given its owners, officers, directors, shareholders, agents, strength coaches, management companies, employees, or independent contractors.

No Medical Advice:

Our Services and our Site do not provide or offer, nor a replacement for, professional medical evaluation, advice, diagnosis, or treatment (“medical advice”). Earned Not Given provides the Services for informational purposes only. Based on information that you request or provide to us, Earned Not Given provides you access to our Services, including but not limited to, general health, nutrition, exercise, and supplementation advice, from our coaches or through our software. While Earned Not Given believes that the information provided through our Services and Site are current and reliable, Earned Not Given cannot and does not make any such guarantee or warranty. You hereby agree that, before using our Services, you will consult your physician or other health care provider for medical advice, particularly if you are at risk for problems arising from changes in your nutrition, exercise, supplementation, or lifestyle. Our Services are not intended to be used by minors or individuals with health conditions that makes the kind of changes to nutrition, exercise, supplementation, or lifestyle suggested by our Services unsafe or inappropriate. Furthermore, Earned Not Given shall have no obligation or responsibility to monitor your health status or health condition or to contact or alert any medical or emergency professional. Earned Not Given shall not be liable to you for your reliance on any information obtained through your use of the Services or this Site, and Earned Not Given disclaims all liability in connection with such information.

Warranties:

Earned Not Given provides the Service “as is” and “as available”. Earned Not Given grants no, and Earned Not Given hereby disclaims all, warranties, express, implied, statutory, or otherwise, with respect to the Services and this Site provided to you, including, but not limited to, any implied warranty of non-infringement, merchantability or fitness for a particular purpose in connection with the service, this Site, or content with which it is linked. Earned Not Given does not warrant that (i) your use of the Services or this Site will be uninterrupted or secure, that it will always available or error free or will meet your requirements or needs, (ii) any or all defects or errors in the Services or this Site will be corrected or (iii) that the Services or the information provided on this Site is accurate, current, or complete. We reserve the right to modify and/or discontinue the service or access thereto at any time without notice to you. To the extent you communicate with Earned Not Given through any sources, the statements and promises made, or actions taken by them shall not limit or otherwise modify the terms of this disclaimer and/or these terms of use and this disclaimer shall apply to any information provided to you through such sources.

Content Limitation of liability:

In no event shall Earned Not Given, nor any other party involved in creating, producing, or delivering the Services or content be liable: (i) to you for any punitive, special, incidental, consequential or other indirect damages (including, but not limited to, damages for loss of data or goodwill, loss of programs, lost profits, cost of procurement of substitute Services or cost of service interruptions) arising out of or related to the use of or inability to use the Services, this Site, the software (if any) and any and all equipment or devices received by you as part of your use of in the Services, even if Earned Not Given or its agents or representatives know or have been advised of the possibility of such damages or (ii) to any person other than you for any damages whatsoever. In addition, Earned Not Given disclaims all liability, regardless of the form of action, for the acts or omissions of other clients or unauthorized users (e.g., “hackers”) of the Services. In no event shall Earned Not Given be liable to you or anyone else for any amount in excess of the amounts paid by you (or by a third party on your behalf, and only to the extent such amount is directly attributable to you and not another client) to Earned Not Given for access to Services.

Severability and interpretation:

If any provision of this agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this agreement, the term “including” shall be deemed to be followed by the words “without limitation.”

Arbitration:

Any controversy or claim (“Claim”) you have arising out of or relating to this agreement or Terms of Use shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the Canadian Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Toronto, Ontario, Canada. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding.

Governing Law and Statute of Limitations:

Any claims relating to, and the use of, this Site or Services are governed by the laws of the Province of Ontario, Canada, without giving effect to any choice or conflict of law provision or rule. For enforcement of any arbitration award, or in the event arbitration is not permitted or required, then for any claim or action that may be submitted to any court, by using this website, you consent to personal jurisdiction in the federal and provincial courts of Ontario, Canada, which will have exclusive jurisdiction for any action arising out of or relating to this agreement or your use of our Services or Site. Such claim or actions shall be instituted exclusively in the federal or provincial courts located in the City of Toronto, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Before seeking any legal remedy for any harm, you believe you have suffered arising from or related to your use of this Site or Services, you agree to inform us in writing and give us 60 days to cure the harm before initiating any action. You must indicate any cause of action within one (1) year after the claim has arisen, or you will be barred from pursuing any cause of action.

No Class Actions:

You agree to bring any claim or cause of action arising under or related to this Agreement or our Terms of Use, the Site, or our Services, or any dispute with Earned Not Given in your individual capacity, and not as a member or representative of any class or collective action.

Medical Directors:

Medical Directors providing Services through or in association with Earned Not Given are independent contractors. Earned Not Given does not endorse the advice, or opinion, of any Medical Director. Medical Directors do not endorse the advice, or opinion, of Earned Not Given. Medical Directors do not review or assess the appropriateness of any Services Earned Not Given provides you with. Medical Directors are not a replacement for your primary care physician. Any advice, or opinion, provided by the Medical Directors is not a replacement for a medical evaluation, advice, diagnosis, or treatment by your primary care physician. You agree to discuss the advice, or opinions, provided by the Medical Directors with your primary care physician. Your membership with Earned Not Given does not automatically entitle you to the Services of the Medical Directors. Any Services provided by the Medical Directors will be offered for an additional cost. Medical Directors only have access to data you grant them access to, and only data necessary for them to render Services.

Lab Testing / Imaging:

Earned Not Given, may at our sole discretion, provide you with access to lab tests or imaging for an additional cost. The cost is not included in your purchase of a membership. Your participation, purchase, and decision to have the lab tests or imaging conducted is strictly voluntary. The results of any lab test or Imaging, including the interpretation by the Medical Directors, is not intended to diagnosis, or treat, any known or unknown medical condition. Any lab test or imaging results are strictly for the optimization of the Services provided. You agree to share and discuss all lab test results, imaging, interpretations, and optimizations with your primary care physician. The results, interpretation, optimization, including the interpretation of the Medical Directors, is not a replacement for the advice or consultation provided by your primary care physician.

Agreement Survival

You agree that our terms will survive, even if your Services, Free Trial, or Membership have expired, cancelled, or been terminated.

Communicating with You:

You agree that we may communicate with you through our Site, as well as any and all contact information and methods you provide to us, including but not limited to email, SMS (text message), telephone, social media account, fax, and/or postal mail.

Software:

Earned Not Given may, at our sole discretion, use software, including but not limited to, Artificial Intelligence, Machine Learning, Deep Learning or Neural Networks to provide our Services, either partially, or in its entirety. You have no ownership rights to any software, nor do you have any rights to the intelligence, information, or knowledge we acquire from your use of our software. Rather, at our sole discretion, you have limited access to use our software during the term of your Membership or Free Trial. Ownership of the Software and all intellectual property rights therein shall remain at all times the sole property of Earned Not Given.

Earned Not Given hereby disclaims all warranties with regard to the software, including without limitation all warranties of merchantability, fitness for a particular purpose, title and non-infringement, whether such warranties are express, implied or statutory.

Earned Not Given shall not be liable for (1) any inaccuracy, error in or failure of the software; (2) any loss or damage (including without limitation any consequential, indirect, incidental, special or exemplary damages) arising from any download or use made of the software, or occasioned by any such inaccuracy, error, or failure of the software.

Membership:

You do not have an automatic entitlement to a Membership, and Earned Not Given may, at its sole discretion, elect to: refuse your request to become a Member; or once a Membership is granted, suspend, terminate or restrict your Membership at any time. Registration by no means constitutes a Membership and is a merely a step in the process. Regardless of your status, whether registered, a member or participating in a Free Trial, the terms and conditions outlined herein are legally binding on you.

Our Membership is a one-year (12 month) program. Please visit our Site for a list of our offerings. Earned Not Given, at our sole discretion, reserves the right to change, alter or eliminate any service, module, or feature from our membership (Services) without cause or notice.

Your use or lack of use of our Services or Site, does not and will not entitle you to a refund, an extension of your Membership term or any other compensation. This includes your inability to utilize the Site or Services from any injury you sustain. If we choose to extend your Membership term, it will be at our sole discretion.

Your Membership term begins once we provide you access to the members only portal of our Site. You may check the expiry date of your Membership by visiting: Member Content > My Account page. All Membership sales are final. You recognize, and agree, that you shall not be entitled to a refund under any circumstances.

Earned Not Given offers a Free Trial (see details below) to help you determine suitability and experience our offerings before purchasing a Membership (Services).

Member Support questions must be related to you “the member”, your goals, objectives, or use of our Service or Site. Our support will not answer questions related to significant others, family members, other members, or questions our support team feels are for another party.

Basic Membership:

If you purchased a basic membership back when memberships were sold as basic or basic + advanced protocols, then your membership does not have access to all the current features, including but not limited to, Nutritional Ketosis, Wearables / API access, Blood test access and specialty supplements / products.

Free Trial:

For non-members and non-previous members (i.e., no past membership), we offer a Free Trial. You do not have an automatic entitlement to a Free Trial, and Earned Not Given may, at its sole discretion, elect to: refuse your request for a Free Trial; or once a Free Trial is granted, suspend, terminate or restrict your Free Trial at any time. Our Free Trials can be changed, modified, or removed in partial or in their entirety at our sole discretion and without reason or notice. You are limited to one Free Trial. Free Trials have no cash value. Your use, or lack thereof, does not entitle you to a subsequent Free Trial.

Free Trials have the following limitations:

1) Support is limited to questions about our software. We are unable to answer health related questions during your Free Trial.

2) Pathology goals are outside the scope of our Free Trial.

3) Access to the wearable APIs is unavailable for Free Trials

4) Access to lab testing is unavailable during Free Trials

Wearables and APIs:

We integrate with, and collect data from, a variety of wearables. To enable us access, you must purchase the wearables from our store, and then consent to our collection of your data. Wearables not purchased from our store are often not able to integrate. Please contact support for details. For information about our data policy, please read our privacy policy below.

Sleep Study:

Our Sleep Study is not intended to replace a clinical sleep study, or diagnose any condition / disease. It is strictly for the optimization of your programming.

1% Club:

1% club calls are typically scheduled in 1-4 week blocks. Missed calls are not rescheduled, though we do try our best to accommodate. Calls are scheduled Monday to Friday each week.

A month is not defined by the calendar, we use weeks. One (1) month is 4 weeks. Over the 1% club term there will be 60 calls.

At our discretion, we may allow you to divide the 1% club into two equal payments. If you fail to pay any invoice on the date it’s due, your 1% club membership will be terminated immediately, and without refund of any outstanding calls.

Lab Testing / Imaging:

Health History:

You are required to provide Earned Not Given with your complete and thorough health history. If changes to your health occur, you are required to update Earned Not Given of all changes immediately.

Products or services:

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our return policy.

We have made every effort to display the colors of our products that appear in our shop. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.

Company restructuring / positioning:

We reserve the right to restructure our company, including forming a new company, without notice and at our sole discretion. In the event we form a new company, your membership along with all terms of use and agreements will be ported (moved) under the new company.

Payment / fees:

You agree to pay and authorize Earned Not Given and its payment processor to charge your selected payment method for all applicable fees and taxes that may accrue in relation to your Membership, Services, or purchase of our Products. All fees are in Canadian Dollars and are non-refundable except as required by law or as stated above/below. Earned Not Given is not responsible for any charges or fees applied by your Credit Card Company and/or financial institution which includes but is not limited too foreign exchange rates. You are responsible for providing complete and accurate billing and contact information to us. We may suspend or terminate your Membership or services for ill or past due payments.

Earned Not Given reserves the right, at our sole discretion, to raise, lower, or otherwise adjust our Membership price at any time and without notice. You are not entitled to any restitution, settlement, or compensation when we adjust our membership price.

Accuracy of billing and account information:

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Maintenance:

We do our best to schedule maintenance when the site in off hours, but it is often unavoidable. Your Membership or Free Trial term will not be extended due to maintenance, nor will there be a refund, credit, or other compensation for any maintenance periods.

Hours of Operation / Holidays:

Our hours of operation vary, but typically they are Monday to Friday 9am to 4pm EST (Toronto time). We do not work weekends or Canadian Holidays.

Modifications to the service and prices:

Prices for our services or products are subject to change without notice. We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the service.

Age:

Earned Not Given requires all members to be 18 years of age or have their parent/s permission.

Ownership of the Site:

All pages, posts, images, videos, strength training programs, nutrition programs, modules, interfaces, blogs, downloads and/or other content within Earned Not Given website are the property of Earned Not Given. The Site is protected by Canadian and international copyright and trademark laws. The Contents of the Site, including without limitation, the pages, posts, images, videos, strength training programs, nutrition programs, modules, interfaces, blogs, downloads, and any materials accessed through or made available for use or download through the Site (“Content”) may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized or approved in writing by Earned Not Given. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout, or form) of Earned Not Given without our express written consent.

Site Access, Security and Restrictions; Passwords:

You are prohibited from violating or attempting to violate the security of the Site, including, but not limited to, (a) accessing data you’re not permitted to access, (b) logging onto a server or an account which you’re not authorized to access; or (c) attempting to probe, scan or test the vulnerability of our network, security measures without proper authorization. You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site. Violations of our system or network may result in civil or criminal liability which we may pursue vigorously. Earned Not Given will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting anyone who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree to protect the confidentiality of your user account and password, and not to share or disclose your user account or password to any third party. You agree that you are fully responsible for all activity occurring under your user account. You agree to defend, indemnify, and hold Earned Not Given harmless from and against all third-party claims, damages, and expenses (including attorney’s fees) against or incurred by Earned Not Given arising out of your breach of these terms or violation of applicable law.

Links to Other Sites:

Earned Not Given makes no representations whatsoever about any other website that you may access through our website. When you access a non-Earned Not Given Site, please understand that it is independent from Earned Not Given and that Earned Not Given has no control over the Content on that website. In addition, a link to a non-Earned Not Given website does not mean that Earned Not Given endorses or accepts any responsibility for the Content, or the use, of the linked Site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk.

User Generated / Submitted Content and other Postings to our website:

If you submit, upload or post any information, files, videos, images or other materials to us or our website (“User Generated Content”), you agree not to provide any User Generated Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other Site users through unsolicited messaging, e-mail, telephone calls, mailings, or any other method/s of communication. You represent and warrant to Earned Not Given that you have the legal right and authorization to provide all User Generated Content to Earned Not Given and that all User Generated Content shall have an irrevocable royalty free license. Earned Not Given shall use User Generated Content for the purposes and use as set forth in our “Privacy Policy”, which can be found further below. You agree to defend, indemnify, and hold Earned Not Given harmless from and against all third-party claims, damages, and expenses (including attorneys’ fees) against or incurred by Earned Not Given arising out of any User Generated Content you post or allow to be posted on the Site.

Claims of Copyright Infringement:

We disclaim any responsibility or liability for copyrighted materials posted on our Site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please contact us immediately. Earned Not Given respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement.

Disclaimer of Warranties:

Earned Not Given does not warrant that access to or use of the Site will be uninterrupted or error-free but will make all reasonable efforts to keep the Site maintained and accessible. Maintenance will be announced whenever possible. You are responsible for all mobile, cable or other internet service provider charges incurred by you for connecting to the Services or the Site, and Earned Not Given assumes no responsibility or liability for any such charges,
including, but not limited to, data charges, long distance charges, per minute (or unit) surcharges, and/or equipment or line costs, incurred by you while accessing the Services or the Site. Any dispute or problem regarding telephone or internet provider services are strictly between you and your service provider. You may receive text messages in connection with your use of our Services or the Site. Standard text messaging and data usage rates may apply. You are responsible for all charges incurred by you for text you receive, and Earned Not Given assumes no responsibility or liability for any such charges.

Errors, inaccuracies, and omissions:

Occasionally there may be information on our Site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the service or on any related website has been modified or updated.

General Provisions:

You assume total responsibility and risk for your use of this Site, Site-related services, and linked websites. Earned Not Given does not warrant those files available for download will be free of viruses, worms, trojan horses or other destructive programming. You are responsible for implementing procedures enough to satisfy your needs for data back up and security. Warranties relating to products or services offered, sold, and distributed by Earned Not Given are subject to separate warranty terms and conditions, if any, provided with or in connection with the applicable products or services.

Medical Advice Disclaimer:

In addition to the disclaimers above or below, the content of the Site, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind. You should always seek the advice of your qualified heath care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. Earned Not Given does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be included on the Site. Reliance on any information appearing on the Site, whether provided by Earned Not Given its content providers, its clients, visitors to the Site or others, is solely at your own risk.

Limitation of Liability Regarding Use of Site:

Earned Not Given and any third parties mentioned on this Site are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of or relating in any way to the Site, Site-related services, content or information contained within the Site, and/or any linked website, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages. Your sole remedy for dissatisfaction with the Site, Site-related services, and/or linked websites is to stop using the Site and/or those services. To the extent any aspects of the foregoing limitations of liability are not enforceable, the maximum liability of Earned Not Given to you with respect to your use of this Site is $50.00 (Fifty Dollars).

Dispute Resolution:

In the event of any dispute or claim relating to our Site, Terms of Use and or the conditions herein, you agree to resolution of such dispute to take place in the Province of Ontario and or a Federal Court located in Toronto, Ontario, Canada and in accordance with Canadian Laws.

Revisions; General:

Earned Not Given reserves the right, in its sole discretion, to terminate your access to all or part of this Site, Membership or Free Trial, with or without cause, and with or without notice. If any of the Terms of Service are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. In its sole discretion, Earned Not Given may from time-to-time revise these Terms of Use or the conditions herein by updating this page. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on pages within our website.

Transfers / Assignment:

You cannot transfer or assign your membership term and/or other services to any other person, including other members.

Termination:

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These terms of service are effective unless and until terminated by either you or us. You may terminate these terms of service at any time by notifying us that you no longer wish to use our services, or when you cease using our Site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these terms of service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).

(Section 2) Refunds / Returns Policy:

Refunds / Returns and Exchanges are applicable to physical products only. All other purchases, such as Memberships, digital products and gift cards are final and thus non-refundable, non-returnable and non-exchangeable.

Our refund, return, and exchange policy lasts 30 days where applicable. If 30 days have passed since your purchase, unfortunately we can’t offer you a return, refund, or exchange of any item/s. To be eligible for a refund, return or exchange, your item must be unused, unopened and in the same condition that you received it. It must also be in the original packaging.

To request a refund, exchange, or return, please contact Support.

Shipping:

You will be responsible for paying for your own shipping costs for returning any item/s. If you are shipping an item over $75, you should consider using a traceable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item. If you receive a refund, the cost of shipping will be deducted from your refund.

Refunds (if applicable):

Once your return has been received and inspected, we will contact you through our Support system to notify you that we have received your returned item/s. We will also notify you of any approval or rejection of your request. If approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment. Payment refunds can take time. Please be patient.

Late or missing refunds (if applicable):

If you haven’t received a refund yet, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted. Next contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet please contact us through contact form.

(Section 3) Privacy Policy:

To use our Site or Services you must consent to our collection of your data. Your consent will be effective from the date that you register or start using our Site. Under Privacy Laws, Earned Not Given is required to collect, use, and disclose personal information only by lawful and fair means. We only collect information about you if we have a reason to do so–for example, to provide our Services, to communicate with you, or to make our Services better. We collect information when you provide information to us and when you use our Site as part of your Membership or Free Trial.

Information You Provide to Us:

It’s probably no surprise that we collect information that you provide to us. The amount and type of information depends on the context and how we use the information. Here are some examples:

Basic Account Information: We ask for basic information from you when you register to set up your account. For example, we require individuals to provide their first and last name and email address.

Transaction and Billing Information: If you buy something from us – a Membership, Membership add-ons or other products, you will provide additional personal and payment information that is required to process the transaction, such as your name, credit card information, and contact information.

Sensitive Information: If you purchase a Membership, you will provide a detailed health history, family history, information about your goals, lifestyle, exercise preferences, injuries, and many other metrics we need and use to provide our services to you. Our platform has integrated with many devices and wearables, and we may collect information from them if you’ve provided permission. Information from devices and wearables may be entered manually by you, or automatically collected via API. Permission to access device and wearable information is at your discretion and can be retracted at any time.

Publicly Submitted: You may choose to share your information publicly such as when you create, post, or reply to topics you or other members have created in our forums or other public channels.

We also collect some information automatically:

Log Information: Like most online service providers, we collect information that web browsers, mobile devices, and servers typically make available, such as the browser type, IP address, unique device identifiers, language preference, referring Site, the date and time of access, operating system, and mobile network information. We collect log information when you use our Services.

Usage Information: We collect information about your usage of our Services. For example, we collect information about what modules you used and how you interacted with them. We use this information to, for example, provide our Services to you, as well as get insights on how people use our Services, so we can make our Services better.

Location Information: We may determine the approximate location of your device from your IP address. We collect and use this information to, for example, calculate how many people visit our Services from certain geographic regions. We may also collect information about your precise location via our mobile apps if you allow us to do so through your mobile device operating system’s permissions.

Stored Information: We may access information stored on your mobile device via our mobile app. We access this stored information through your device operating system’s permissions. For example, if you give us permission to access the photographs on your mobile device’s camera roll, our Services may access the photos stored on your device when you upload a progress picture.

Information from Cookies & Other Technologies: A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Pixel tags (also called web beacons) are small blocks of code placed on websites and emails. We use cookies and other technologies like pixel tags to help us identify and track visitors and usage. For more information about our use of cookies and other technologies for tracking, including how you can control the use of cookies, please see our Cookie Policy.

How and Why, We Use Information:

We use information about you as mentioned above and for the purposes listed below. To provide our Services – for example to build your nutritional programs, strength training programs, supplement programs or provide support. To further develop and improve our Services – for example, by adding new features that we think our users will enjoy. To monitor and analyze trends and better understand how users interact with our Services, which helps us improve our Services and make them easier to use; To monitor and prevent any problems with our Services, protect the security of our Services, detect and prevent fraudulent transactions and other illegal activities, fight spam, and protect the rights and property of Earned Not Given and others, which may result in us declining a transaction or the use of our Services; To communicate with you, for example through an email, about offers and promotions we offer, and we think will be of interest to you, solicit your feedback, or keep you up to date on Earned Not Given and our services / products.

Legal Bases for Collecting and Using Information:

A note here for those in the European Union about our legal grounds for processing information about you under EU data protection laws, which is that our use of your information is based on the grounds that:

(1) The use is necessary in order to fulfill our commitments to you under our Terms of Service or other agreements with you or is necessary to administer your account; or (2) The use is necessary for compliance with a legal obligation; or (3) The use is necessary in order to protect your vital interests or those of another person; or (4) We have a legitimate interest in using your information — for example, to provide and update our Services, to improve our Services so that we can offer you an even better user experience, to safeguard our Services, to communicate with you, to measure, gauge, and better understand user retention and attrition, to monitor and prevent any problems with our Services, and to personalize your experience; or (5) You have given us your consent — for example before we place certain cookies on your device and access and analyze them later, as described in our Cookie Policy.

How We Share Information:

We do not sell, rent, or otherwise disclose any personal information to any third-party. Under certain circumstances, Earned Not Given may be forced to disclose your personal information:

When we are required by law to do so, for example if a court issues a subpoena. When you have consented to the disclosure. Where it is necessary to establish or collect amounts owed to us. If you have broken our “Terms of Use Policy” regarding our intellectual property, copyright or trademarks.

Subsidiaries and Employees: We may disclose information about you to our subsidiaries and our employees who need to know the information to help us provide our Services. We require our subsidiaries and employees to follow this Privacy Policy for personal information that we share with them.

Payment Processing:

When you make a purchase with us, we share the least amount of information required for your payment to be properly processed. This includes information such as your name, credit card information, and contact information.

Effect of Consent and Withdrawal of Consent:

If you provide your consent to the collection, use and disclosure of your personal information as set out in this Privacy Policy, register, complete all forms and purchase a Membership we will provide a personalized experience for you, depending on the service you have selected, and you will have the ability to access your content through our website and member portal. You are free to withdraw your consent to our collection and use of your personal information at any time. However, if you choose to do so, we may not be able to perform our services.

How Long We Keep Information:

We generally discard information about you when we no longer need the information for the purposes for which we collect and use it — which are described in the section above on How and Why We Use Information — and we are not legally required to continue to keep it. Most of the information we collect is analyzed, stripped of identifiable information, and converted to binary form, making it useless to people outside of Earned Not Given.

Security:

While no online service is 100% secure, we work very hard to protect your information against unauthorized access, and take all reasonable measures to do so, such as VPC’s, firewalls, password policies, security software and monitoring our Services for potential vulnerabilities and attacks.

Your Personal Information Rights:

Your rights to access your personal information are not absolute. We may deny access when:
Denial of access is required or authorized by law. When granting you access would have an unreasonable impact on other people’s privacy unless the requested information is severable from the personal information of other people. To protect Earned Not Given confidential, proprietary, and commercial information. If we deny your request for access to, or refuse a request to correct information, we shall explain why. Earned Not Given does not use your Social Insurance Number, or any other government issued identification, as a way of identifying or organizing the information we hold about you. Additionally, most of the information we collect gets stripped of any identifiable information and converted to binary form which makes providing you access impossible. If you’re a user or visitor in the European Economic Area, you should be aware of the following: We are a 100% Canadian based company with no employees or physical operations on EU soil. As such we are legally governed by Canadian LAW and ONLY Canadian LAW. In the event of a conflict between EU law and Canadian LAW, Canadian LAW will apply. In the event of ambiguity between EU law and Canadian LAW, Canadian LAW will apply.

This is particularly important regarding the General Data Protection Regulation 2016/679 (the “GDPR”). While we do attempt to respect the laws of other countries, for all practical purposes you have “crossed the border” into Canada when using this website and are therefore bound by Canadian LAW while using this Site or communicating with this Site or us. Here are some of the ways in which we will attempt to respect the spirit of the GDPR: For the purposes of applicable EU data protection law (including the General Data Protection Regulation 2016/679 (the “GDPR”), we are a ‘data controller’ for your personal information that is collected directly by us as part of a transaction that you initiate with us. You can ask us to erase your personal information it. These rights are limited in some situations – for example, we can demonstrate that we have a legal requirement to process or retain your personal information. In many instances, this means that we may retain some data even if you withdraw your consent. Where we require your personal information to comply with legal or contractual obligations, then provision of such data is mandatory: if such data is not provided, then we will not be able to manage our contractual relationship with you, or to meet obligations placed on us. In all other cases, provision of requested personal information is optional.