MYOMELT LLC

AGREEMENT, INCLUDING TERMS OF SERVICE

Effective Date: February 24, 2026

Last Updated: February 24, 2026

IMPORTANT — PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE (“TERMS”) AND SERVICE (COLLECTIVELY THE “AGREEMENT”) BEFORE ACCESSING, USING, REGISTERING FOR, OR PURCHASING ANY MYOMELT LLC PRODUCT OR SERVICE OF ANY KIND.

THESE “TERMS” CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY (SEE SECTIONS 14 AND 15), AS WELL AS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER (SEE SECTION 18) THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED IN SECTION 18. THE “TERMS” FORM AN ESSENTIAL BASIS OF OUR “AGREEMENT”.

THIS IS A BINDING “AGREEMENT”. BY ACCESSING “OUR” WEBSITE OR MOBILE APPLICATION, REGISTERING FOR OR ATTENDING ANY “MYOMELT” PROGRAM OR EVENT, CLICKING “SUBSCRIBE,” “I AGREE,” “REGISTER,” “PURCHASE,” OR ANY SIMILAR BUTTON, OR BY COMPLETING ANY REGISTRATION OR PURCHASE, “YOU” AGREE TO BE BOUND BY THESE TERMS IN THEIR ENTIRETY. THESE “TERMS” ALSO APPLY TO ALL EXISTING “MYOMELT” MEMBERS AND PARTICIPANTS UPON NOTICE.

BY ACCESSING, USING, REGISTERING FOR, OR PURCHASING ANY MYOMELT LLC PRODUCT OR SERVICE OF ANY KIND OR USING THE SITE, “YOU” ACKNOWLEDGE THAT “YOU” HAVE READ, ACCEPTED AND AGREED TO BE BOUND BY THE “AGREEMENT”. IF “YOU” DO NOT AGREE, DO NOT ACCESS OR USE “OUR” “SERVICES”.

THE PROVISION OF “SERVICES” IS SUBJECT TO “YOUR” AGREEMENT TO THE TERMS AND CONDITIONS SET FORTH BELOW.

PLEASE PRINT AND RETAIN A COPY OF THESE TERMS FOR YOUR RECORDS.

NAVIGATING THIS “AGREEMENT”

“You” can use the section references below to navigate to areas of this “Agreement” that apply specifically to you, or which may otherwise be of interest:

Section 1 — Overview and Definitions

Section 2 — Eligibility and Acceptance

Section 3 — Description of “Services”

Section 4 — Medical Disclaimer

Section 5 — Assumption of Risk and Release of Liability

Section 6 — Payment; Subscriptions and One-Time Purchases

Section 7 — Price Changes and Cancellation of Subscriptions

Section 8 — Refund Policy

Section 9 — “Coaching Sessions”

Section 10 — “Community”; “User Content” and Marketing Use Rights

Section 11 — Acceptable Use and Prohibited Conduct

Section 12 — Electronic Communications — SMS and Email Marketing

Section 13 — Intellectual Property

Section 14 — Disclaimer of Warranties

Section 15 — Limitation of Liability

Section 16 — Indemnification

Section 17 — Third-Party Platforms and “Services”

Section 18 — Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver

Section 19 — Governing Law and Venue

Section 20 — International Use

Section 21 — Privacy Policy and Personal Information

Section 22 — Account Registration and Security

Section 23 — Electronic Signature

Section 24 — Additional Representations and Warranties

Section 25 — Modifications to “Services” and “Terms”; Existing Members

Section 26 — Termination

Section 27 — No Waiver

Section 28 — Force Majeure

Section 29 — Assignment

Section 30 — Severability

Section 31 — Entire “Agreement”

Section 32 — Contact Information

Please also read “Our” Privacy Policy.

SECTION 1 — OVERVIEW AND DEFINITIONS

This website and mobile application are operated by Myomelt LLC ("Myomelt," "We," "Us," or "Our," ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, COACHES, INDEPENDENT CONTRACTORS, AGENTS, LICENSORS, OR ASSIGNS, and any person or entity acting on behalf of Myomelt LLC).

Throughout this "Agreement," the term "Services" refers broadly to everything "Myomelt" offers, including without limitation: myomelt.com, the "Myomelt" mobile application, subscription membership programs, subscription services, challenges, webinars, seminars, educational programs, coaching sessions, promotional events, using "Our" mobile application, registering for any "Myomelt" program or event of any kind, accessing any content, or making any purchase from "Myomelt," and any other content, programs, products, events, or services offered by "Myomelt," whether free or paid, recurring or one-time, and through any channel or platform. All "Services" are subject to this "Agreement" regardless of how they are accessed, how they are priced, or what form they take.

Throughout this "Agreement," the terms "You" or "Your," whether singular or plural, refer broadly to the person using the "Services." "You" or "Your" also applies to any person who first used the "Services" prior to the date of this "Agreement" and continues to use the "Services" as provided in this "Agreement," as well as subscribers, challenge participants, webinar attendees, visitors, coaches, and content contributors.

By visiting "Our" website or using "Our" "Services," "You" agree to be bound by this "Agreement," as well as "Our" Privacy Policy, which is expressly incorporated herein by reference.

Any new content, features, programs, or tools added to the "Services" shall also be subject to this "Agreement." "We" reserve the right to update, change, or replace any part of this "Agreement" by posting updates to "Our" website. "Your" continued use of the "Services" following the posting of any changes constitutes acceptance of those changes.

1.1 Key Definitions

The following defined terms are used throughout this “Agreement”. Defined terms are capitalized wherever they appear.

“Agreement” means these “Terms” of Service together with the “Myomelt” Privacy Policy, which are expressly incorporated herein by reference and form a single binding agreement between “You” and “Myomelt”.
“Subscription Membership” means a recurring paid membership that provides ongoing access to digital “Content,” live and recorded “Coaching Sessions,” a “Community,” and the “Myomelt” mobile application, offered in multiple tiers with varying levels of access, billed automatically at the frequency selected at enrollment.
“Program” means any standalone challenge, multi-day program, webinar, seminar, or other educational or promotional experience offered by “Myomelt,” whether free of charge or for a one-time fee, that does not constitute a “Subscription Membership” unless expressly stated.
“Content” means all materials delivered through any “Service,” including video programs, exercise guides, written materials, audio content, graphics, and any other information or programming made available by “Myomelt.”
“Myomelt Content” means “Content” owned by or licensed to “Myomelt,” including all proprietary exercise programs, guides, videos, brand elements, and the look and feel of the “Services.”
“User Content” means any content “You” post, submit, share, or communicate within any “Community” or submit to “Myomelt” through any “Service,” including posts, comments, photos, videos, testimonials, progress updates, and transformations.
“Community” means any member or participant community hosted on “Myomelt’s” platform or any third-party platform, including communities associated with “Subscription Memberships,” “Programs,” or other “Services.”
“Coaching Session” means any live or recorded session facilitated by a “Myomelt” coach, whether conducted in a group format or on an individual one-on-one basis, as part of a “Subscription Membership” or standalone “Program.”
“You” or “Your” means the individual accessing or using any “Service,” including all subscribers, challenge participants, webinar attendees, seminar attendees, visitors, content contributors, and any other users, whether current or prior to the effective date of this “Agreement.”

SECTION 2 — ELIGIBILITY AND ACCEPTANCE

The “Services” are intended for adults only. By accessing or using any “Service” — including by registering for any challenge, webinar, seminar, or other “Program” or event — “You” represent and warrant that: (a) “You” are at least 18 years of age or the legal age of majority in “Your” state or province of residence, whichever is greater; (b) “You” have the legal capacity to enter into a binding contract; (c) “You” are not barred from receiving services under applicable law; (d) all information “You” provide to “Myomelt” is accurate, current, and complete; and (e) “You” have either consulted with a licensed healthcare provider prior to beginning any “Myomelt” “Service,” or “You” have read Section 4 of this “Agreement” in its entirety and determined in “Your” own independent judgment that such consultation is not required for “Your” circumstances.

“Myomelt” relies upon the accuracy of “Your” representations in providing the “Services” to “You” and is under no obligation to and does not conduct any investigation to verify the accuracy of “Your” representations set forth herein.

“Myomelt” reserves the right to refuse service to any person at any time and for any reason.

The “Services” are not directed at or intended for individuals under the age of 18. “Myomelt” does not knowingly collect personal information from anyone under 18. If “We” learn that a user under 18 has registered for or uses any “Service,” “We” will terminate that registration immediately.

SECTION 3 — DESCRIPTION OF “SERVICES”

“Myomelt” offers a range of fitness and exercise programs and experiences, all of which constitute “Services” under this “Agreement.” These may include:

“Subscription Memberships” providing ongoing access to digital “Content,” live and recorded “Coaching Sessions,” a “Community,” and the “Myomelt” mobile application, offered in multiple tiers with varying levels of access;
Standalone “Programs,” including challenges, multi-day programs, webinars, seminars, and other educational or promotional experiences, which may be offered free of charge or for a one-time fee and which do not include or constitute a “Subscription Membership” unless expressly stated; and
Any other “Content,” products, “Programs,” or services offered by “Myomelt” from time to time, whether through the website, mobile application, social media, or any other channel.

All "Services" — regardless of type, price, duration, or access method — are subject to the "Terms" contained in this "Agreement" in their entirety, including, without limitation, the Medical Disclaimer in Section 4, the Assumption of Risk and Release of Liability in Section 5, the Intellectual Property protections in Section 13, the "Community" and Marketing Use Rights in Section 10, and all other provisions herein, as well as "Our" Privacy Policy. The fact that a "Service" is offered at no charge or as a one-time purchase rather than a "Subscription Membership" does not limit or modify the application of any provision of this "Agreement."

Participation in a standalone “Program” does not create a “Subscription Membership” and does not entitle “You” to ongoing access to “Myomelt’s” “Subscription Membership” “Services.” At the conclusion of any “Program,” “Myomelt” may offer participants the opportunity to purchase a “Subscription Membership,” which is an entirely separate transaction.

THE “SERVICES” ARE EXERCISE-BASED ONLY. “MYOMELT” IS NOT A HEALTHCARE PROVIDER. “MYOMELT” DOES NOT PROVIDE MEDICAL ADVICE, PHYSICAL THERAPY, CHIROPRACTIC CARE, OR ANY OTHER LICENSED HEALTHCARE SERVICE OF ANY KIND. PLEASE REVIEW SECTION 4 CAREFULLY.

SECTION 4 — MEDICAL DISCLAIMER

4.1 No Medical Advice or Healthcare Services

ALL "SERVICES," "CONTENT," AND COACHING PROVIDED BY "MYOMELT" ARE FOR INFORMATIONAL AND EXERCISE PURPOSES ONLY AND DO NOT CONSTITUTE MEDICAL ADVICE, DIAGNOSIS, TREATMENT, OR PHYSICAL THERAPY OF ANY KIND, NOR A SUBSTITUTE FOR MEDICAL OR OTHER PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH "YOUR" MEDICAL HISTORY. "MYOMELT" IS NOT A MEDICAL PROVIDER. NOTHING AVAILABLE THROUGH ANY "MYOMELT" "SERVICE" CREATES A DOCTOR-PATIENT RELATIONSHIP, A PHYSICAL THERAPIST-PATIENT RELATIONSHIP, OR ANY OTHER LICENSED HEALTHCARE RELATIONSHIP BETWEEN "YOU" AND "MYOMELT" OR ANY OF ITS COACHES, EMPLOYEES, OR CONTRACTORS.

"YOU" ACKNOWLEDGE AND AGREE THAT THE "SERVICES" AND "CONTENT" ARE NOT MEDICAL CARE, PHYSICAL THERAPY, CHIROPRACTIC CARE, OCCUPATIONAL THERAPY, NURSING, MENTAL HEALTH OR COUNSELING SERVICES, OR ANY OTHER FORM OF LICENSED HEALTHCARE SERVICE, AND MUST NOT BE USED, INTERPRETED, OR RELIED UPON AS SUCH.

Nothing stated, posted, or made available through any "Myomelt" "Service" or social media page is intended to be, or must not be taken to be, the practice of medicine, physical therapy, chiropractic care, occupational therapy, nursing, counseling, or any other licensed healthcare or mental health service. "Myomelt" is not a licensed medical provider or organization that provides healthcare services and is not engaging in the practice of medicine, physical therapy, occupational therapy, nursing, or any other licensed discipline. "Service" does not include, without limitation: prescribing, testing, or surgery; the use of medical or surgical methods to treat, prevent, or cure disease or to modify or remove the effects of physical injury; dermatology; psychiatry; psychology; psychotherapy; or providing healthcare treatment, instructions, diagnosis, prognosis, or advice. The "Services" are not intended to be used for medical diagnosis or treatment. For purposes of this "Agreement," licensed healthcare services include without limitation all of the foregoing.

The "Services" offer health and fitness information and programming. "You" should not rely on any "Content" as a substitute for, or replacement of, professional healthcare advice, diagnosis, or treatment from a licensed healthcare provider familiar with "Your" medical history. If "You" have any concerns or questions about "Your" health, "You" should always consult with a physician or other qualified healthcare professional before beginning or continuing any exercise program. Do not disregard, delay, or avoid obtaining medical or health-related advice from "Your" healthcare provider because of anything "You" have read, watched, heard, or otherwise accessed through any "Myomelt" "Service."

Only "Your" healthcare professional should diagnose and treat "You" based on their clinical assessment, education, and training. "You" should not use information provided by "Myomelt" to replace a relationship with "Your" physician or other healthcare professional, and "You" should not rely on that information as professional medical advice. Always seek the advice of "Your" physician or other qualified healthcare provider concerning questions "You" have regarding a medical condition, and before starting, stopping, or modifying any treatment or medication. In the case of a health emergency, seek immediate assistance from emergency personnel. Never delay obtaining medical advice or disregard medical advice because of information provided, or not provided, by "Myomelt."

4.2 Licensed Professionals on “Myomelt’s” Team

Some members of “Myomelt’s” team hold professional licenses, including licenses to practice physical therapy. Notwithstanding these credentials, all coaches, employees, contractors, and other individuals providing services through any “Myomelt” “Service” do so solely in their capacity as exercise coaches and content creators. No professional licensed services of any kind are rendered through the “Services.” The existence of licensed professionals among “Myomelt’s” team does not alter the nature of the “Services,” which are exercise-based only, and does not create any professional-client relationship of any kind between “You” and any “Myomelt” team member. This applies equally to all “Services,” including “Coaching Sessions,” “Subscription Memberships,” “Programs,” and all other “Services,” whether provided in a group format or individually.

“You” agree and acknowledge that no Health Care Provider (by way of illustration: Physician, Physical Therapist, Occupational Therapist, Chiropractor, Nurse, or Nurse Practitioner)-Patient relationship exists between “Myomelt” and “You.”

All guidance provided through any “Myomelt” “Service” — whether in video “Content,” written materials, live “Coaching Sessions,” individual sessions, “Community” posts, or any other format — is general exercise information only. It is not individual professional advice, and it is not a substitute for a proper professional evaluation of “Your” specific circumstances by a qualified healthcare provider.

4.3 Consult “Your” Healthcare Provider

Before beginning any “Myomelt” “Service” or “Program,” it is critical that “You” consult with “Your” physician or other licensed healthcare provider if any of the following apply to “You:”

“You” are currently under active treatment for any musculoskeletal, neurological, or cardiovascular condition;
“You” have undergone surgery in the past 12 months, particularly involving the spine, joints, or musculoskeletal system;
“You” are pregnant or nursing;
“You” have a cardiovascular condition, including heart disease, high blood pressure, arrhythmia, or any condition affecting “Your” heart or circulatory system;
“You” have a respiratory condition that may be affected by physical exertion;
“You” have a metabolic or systemic condition, including but not limited to diabetes, obesity, or an autoimmune disorder;
“You” have experienced any recent injury, pain, or physical limitation; or
“You” have any other medical condition, physical limitation, or health circumstance that may be affected by physical exercise.

This list is not exhaustive. If “You” have any doubt about whether participation in any “Myomelt” “Service” is appropriate for “Your” health circumstances, “You” should consult a qualified healthcare professional before proceeding.

4.4 No Guarantee of Results

“Myomelt” makes no guarantee of any specific health outcome, pain reduction, improvement in function, or return to prior activity from use of any “Service.” Many people with chronic and acute spine-related and extremity disorders, joint stiffness, tightness, musculoskeletal conditions, and other physical complaints have benefited from consistent exercise. However, individual results vary significantly and no specific outcome can be promised or implied. “Your” individual results will depend on many factors, including “Your” specific condition, consistency of participation, adherence to the program, and other individual health factors.

While uncommon, some people may experience a short-term increase in pain or other symptoms, or muscle and ligament strains or sprains, as a result of physical exercise. There are some uncommon and rare potential serious risks to physical exercise, including but not limited to strains, sprains, fractures, disc injuries, dislocations, nerve injuries, and strokes. “You” acknowledge that it is impossible to give a fully accurate assessment of “Your” individual risk without a thorough physical examination by a licensed healthcare professional.

SECTION 5 — ASSUMPTION OF RISK AND RELEASE OF LIABILITY

5.1 Acknowledgment of Risk

“You” expressly acknowledge and agree that “Your” access, use, and/or participation in any “Myomelt” “Service” or “Content” — including all website “Content,” video programs, “Coaching Sessions,” “Programs,” social media content, and “Community” interactions — may involve potentially dangerous physical activities that may lead to personal and/or bodily injury, death, loss of services, loss of consortium, or damage to or loss of property or privacy.

By registering for, accessing, or participating in any “Myomelt” “Service” — regardless of type, price, or format — “You” knowingly and voluntarily assume all risk associated with “Your” participation and the performance of any exercises in connection therewith. This assumption of risk applies to all “Services” without exception, including all “Subscription Memberships,” “Programs,” “Coaching Sessions,” and “Community” interactions, whether accessed in a group format or individually.

5.2 Release of Liability

Neither “Myomelt” nor any of its members, officers, directors, employees, coaches, contractors, agents, or sponsors are responsible or liable to “You” or to anyone else for any loss, injury, or any indirect, incidental, consequential, special, exemplary, punitive, or other damages of any kind, under any contract, negligence, strict liability, or other theory permitted by law, arising out of or relating in any way to:

The use of, or inability to use, any “Content” or “Service;”
Any “Content” contained on or delivered through any “Service;”
Statements or conduct posted or made publicly available through any “Service” or “Myomelt” social media page;
Any product or “Content” purchased, obtained, or accessed through any “Service;”
Any action taken in response to or as a result of any information available through any “Service;”
Any damage caused by loss of access to, deletion of, failure to store, failure to back up, or alteration of any “Content” or “Service;” or
Any other matter relating to any “Service” or any “Content.”

“You” hereby acknowledge and willingly accept the risks described in this “Agreement” and agree to unconditionally release and hold harmless “Myomelt,” its members, officers, directors, employees, coaches, contractors, agents, and sponsors from and against any and all claims, suits, causes of action, costs, expenses, and liability of any kind arising out of or related to “Your” access, use, and/or participation in any “Service” or “Content” provided by “Myomelt,” whether arising before or after the date of this “Agreement.”

5.3 Voluntary Participation

“You” knowingly and voluntarily consent to and assume the risk of performing the exercises and adopting the lifestyle habits provided through any “Myomelt” “Service.” This assumption of risk extends to all “Myomelt” staff, coaches, employees, contractors, and other individuals associated with “Myomelt,” whether or not their names are listed in this “Agreement.” “You” understand that the results from the “Services” are not guaranteed for “Your” specific condition and will vary among individuals. “You” have had the opportunity to read this “Agreement,” seek professional guidance, and consult “Your” healthcare provider before proceeding. By accepting this “Agreement,” “You” acknowledge the risks described herein and consent to “Myomelt’s” “Content” and “Services” for “Your” present condition and any future conditions that may arise during “Your” participation.

SECTION 6 — PAYMENT; SUBSCRIPTIONS AND ONE-TIME PURCHASES

6.1 General Payment Terms

Payment is required before access to any paid “Service” is granted. “You” must provide current, complete, and accurate billing information. All prices are in U.S. Dollars unless otherwise stated. “Myomelt” uses one or more third-party payment processors to handle payment transactions. “Your” payment information is submitted directly to and processed by these third-party processors and is governed by their respective terms of service and privacy policies. “Myomelt” may change its payment processors at any time without notice. “Myomelt” does not store “Your” full credit or debit card information.

6.2 “Subscription Memberships” — Automatic Recurring Billing and Negative Option Billing

BY SIGNING UP FOR A MYOMELT LLC “SUBSCRIPTION MEMBERSHIP,” “YOU” EXPRESSLY CONSENT TO “MYOMELT’S” USE OF NEGATIVE OPTION BILLING.

Negative option billing means that “Your” “Subscription Membership” will automatically continue and “Your” payment method will be automatically charged on a recurring basis at the billing frequency selected at the time of enrollment — without further action by “You,” until “You” take the necessary steps to cancel “Your” “Subscription Membership” in accordance with Section 7. “You” acknowledge and agree that “Myomelt” will continue to bill “You” for “Your” selected “Subscription Membership” at the applicable billing interval until “You” complete the cancellation process. By not canceling, “You” are expressly consenting to the continuation of subscription charges.

IF “YOU” HAVE PROVIDED A VALID CREDIT CARD, DEBIT CARD, OR OTHER ACCEPTED PAYMENT METHOD FOR A “SUBSCRIPTION MEMBERSHIP,” EACH RECURRING PAYMENT WILL BE AUTOMATICALLY PROCESSED ON “YOUR” DESIGNATED BILLING DATE AND CHARGED TO THE PAYMENT METHOD PROVIDED AT ENROLLMENT. IF MYOMELT LLC IS UNABLE TO PROCESS A SCHEDULED PAYMENT, MYOMELT LLC MAY ATTEMPT TO CONTACT “YOU” FOR UPDATED PAYMENT INFORMATION. FAILURE TO MAINTAIN A VALID PAYMENT METHOD MAY RESULT IN SUSPENSION OR TERMINATION OF THIS “AGREEMENT.”

6.3 One-Time Purchases — “Programs”

Certain “Services,” including challenges, webinars, seminars, and other standalone “Programs,” may be purchased for a one-time fee. One-time purchases are charged in full at the time of registration and do not create any recurring billing obligation. Payment of a one-time fee for a “Service” grants “You” access to that “Service” for the period specified at the time of purchase only and does not constitute or include a “Subscription Membership.”

6.4 Failed Payments

If Myomelt LLC is unable to process a scheduled “Subscription Membership” payment, Myomelt LLC reserves the right to retry the charge and to suspend or terminate “Your” access to the “Services” pending receipt of a valid payment. Suspension or termination for failed payment does not waive Myomelt LLC’s right to collect any amounts that were due and unpaid at the time of suspension or termination.

SECTION 7 — PRICE CHANGES AND CANCELLATION OF SUBSCRIPTIONS

7.1 Subscription Price Changes

Myomelt LLC reserves the right to change “Subscription Membership” prices at any time. If Myomelt LLC changes the price of “Your” active “Subscription Membership,” Myomelt LLC will notify “You” by email at least 14 days before the change takes effect. “Your” continued use of the “Services” after the effective date of the price change constitutes “Your” acceptance of the new price. If “You” do not agree to the new price, “You” must cancel “Your” “Subscription Membership” before it takes effect in accordance with Section 7.2. Prices for one-time purchases, “Programs,” challenges, and webinars are subject to change at any time without advance notice.

7.2 Cancellation of Subscriptions

“You” may cancel “Your” “Subscription Membership” at any time through “Your” account settings or by contacting “Us” at [email protected]. Myomelt LLC requires at least 10 days’ advance notice of cancellation before the first day of “Your” next billing period. If cancellation notice is provided less than 10 days before the next billing date, “Your” payment method may still be charged for the upcoming period. Cancellation will be effective at the end of “Your” current paid billing period and “You” will retain access through that date. “You” will not be entitled to a prorated refund for any unused portion of a billing period except as provided in Section 8.1 or as required by applicable law.

7.3 Annual and Multi-Period Subscriptions

For “Subscription Memberships” billed on an annual or other multi-period basis, cancellation will be effective at the end of the current billing period in which cancellation is submitted. No refund will be provided for the unused remainder of any billing period except as provided in Section 8.1.

SECTION 8 — REFUND POLICY

8.1 “Subscription Memberships” — 30-Day Satisfaction Guarantee

Myomelt LLC offers a conditional 30-Day Satisfaction Guarantee (“Guarantee”) applicable to Myomelt LLC “Subscription Memberships” only. If “You” follow the program consistently as a new subscriber and do not feel that “You” have made any progress within 30 days of “Your” enrollment date, “You” may request a full refund of “Your” membership fee, subject to satisfying ALL of the following qualification requirements without exception:

Follow the Myomelt LLC program diligently every day during the 30-day period.
Maintain a daily journal in a Google Doc documenting “Your” program activities for at least 5 out of every 7 days per week throughout the 30-day period.
Attend each live “Coaching Session” or watch the replay of each “Coaching Session” held during the 30-day period.
Post “Your” progress in the “Myomelt” “Community” at least 2 times per week throughout the 30-day period.
Submit a written refund request by email to [email protected] within 35 days of “Your” “Subscription Membership” enrollment date, including a link to “Your” completed journal Google Doc as proof of compliance.

Refund requests that satisfy all requirements will be reviewed and, if approved, processed within 10 business days to the original payment method. Myomelt LLC reserves the right to verify compliance prior to processing any refund. Failure to satisfy any one requirement will result in denial. Myomelt LLC’s determination of compliance is final. The “Guarantee” is available to first-time Myomelt LLC subscribers only and applies to the first subscription period only. It does not apply to renewals or gifted subscriptions. Where Myomelt LLC expressly excludes the “Guarantee” from a specific offer at the time of purchase, that exclusion governs.

8.2 One-Time Purchases — All Sales Final

ALL FEES FOR ONE-TIME PURCHASES ARE NON-REFUNDABLE WITHOUT EXCEPTION. THIS INCLUDES WITHOUT LIMITATION ALL CHALLENGES, WEBINARS, SEMINARS, EDUCATIONAL “PROGRAMS,” AND ANY OTHER “MYOMELT” “PROGRAM” OR PROMOTIONAL EVENT PURCHASED FOR A ONE-TIME FEE, REGARDLESS OF WHETHER THE PURCHASER HAS ACCESSED ANY “CONTENT,” ATTENDED ANY SESSION, OR PARTICIPATED IN ANY PORTION OF THE “PROGRAM.” BY COMPLETING A ONE-TIME PURCHASE, “YOU” ACKNOWLEDGE AND AGREE THAT ALL SALES ARE FINAL AND THAT NO REFUND WILL BE ISSUED UNDER ANY CIRCUMSTANCES EXCEPT AS REQUIRED BY APPLICABLE LAW.

SECTION 9 — “COACHING SESSIONS”

Certain “Services” include access to live and/or recorded “Coaching Sessions” facilitated by Myomelt LLC coaches, which may be conducted in a group format or on an individual one-on-one basis depending on the “Service” or “Program.” “Coaching Sessions” are provided as part of both “Subscription Memberships” and standalone “Programs.” “Coaching Sessions” are intended to provide exercise guidance, motivation, and accountability. Nothing communicated in any “Coaching Session” should be interpreted as a professional healthcare recommendation specific to “Your” individual condition. All medical disclaimer and assumption of risk provisions in Sections 4 and 5 of this “Agreement” apply fully to all “Coaching Sessions.”

By participating in a “Coaching Session” with “Your” camera or microphone active, “You” acknowledge and consent to the session being recorded by Myomelt LLC and made available to other participants as replays. “You” further consent to the use of such recordings in accordance with this “Agreement” and “Our” Privacy Policy.

Myomelt LLC reserves the right to modify the schedule, format, frequency, and availability of “Coaching Sessions” at any time. Sessions may be cancelled or rescheduled due to coach availability, technical issues, or other circumstances. Myomelt LLC will make reasonable efforts to provide advance notice and alternative access but shall not be liable for any cancellation or rescheduling of sessions.

SECTION 10 — “COMMUNITY;” “USER CONTENT” AND MARKETING USE RIGHTS

10.1 “Community” Access

Depending on the “Service” “You” have accessed, “You” may have access to one or more “Communities” hosted on Myomelt LLC’s platform or third-party platforms, including “Communities” associated with “Subscription Memberships,” “Programs,” and other “Services.” By participating in any “Community,” “You” agree to conduct “Yourself” in a respectful, lawful, and supportive manner. “Myomelt” reserves the right to establish, modify, and enforce participation standards at its discretion, and to remove any participant from any “Community” for conduct that “Myomelt” determines, in its sole discretion, to be harmful, disruptive, offensive, or otherwise inconsistent with the purposes of the “Community.” “Myomelt” is not responsible for the conduct of other participants.

10.2 Public Nature of “Community” “Content”

All “User Content” “You” post, submit, share, or communicate within any “Community” associated with any “Service” — including posts, comments, questions, progress updates, photos, videos, testimonials, transformations, and responses — is public and visible to other participants. “You” should not post any information in any “Community” that “You” are not comfortable making publicly available.

10.3 Grant of Marketing and Commercial Use Rights

BY POSTING “USER CONTENT” IN ANY “MYOMELT” “COMMUNITY” OR OTHERWISE VOLUNTARILY SUBMITTING ANY CONTENT TO “MYOMELT” (INCLUDING BY EMAIL, DIRECT MESSAGE, OR SOCIAL MEDIA) IN CONNECTION WITH ANY “SERVICE,” “YOU” IRREVOCABLY AND UNCONDITIONALLY GRANT TO “MYOMELT” AND ITS AFFILIATES, LICENSEES, SUCCESSORS, AND ASSIGNS A PERPETUAL, WORLDWIDE, ROYALTY-FREE, NON-EXCLUSIVE, SUBLICENSABLE LICENSE TO USE, REPRODUCE, SCREENSHOT, DISPLAY, DISTRIBUTE, MODIFY, ADAPT, PUBLISH, TRANSLATE, AND CREATE DERIVATIVE WORKS FROM “YOUR” “USER CONTENT” FOR ANY COMMERCIAL, MARKETING, PROMOTIONAL, OR ADVERTISING PURPOSE, IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVISED, WITHOUT FURTHER NOTICE TO “YOU,” WITHOUT COMPENSATION TO “YOU,” AND WITHOUT “YOUR” FURTHER CONSENT. THIS GRANT APPLIES EQUALLY TO ALL USERS OF ALL “SERVICES,” INCLUDING SUBSCRIBERS, CHALLENGE PARTICIPANTS, WEBINAR ATTENDEES, SEMINAR PARTICIPANTS, AND ALL OTHER “PROGRAM” PARTICIPANTS.

This license includes, without limitation, the right to screenshot “Your” posts, comments, progress updates, testimonials, before-and-after photos, videos, and any other “User Content” “You” post in any “Community” or submit through any “Service,” and to use such content in “Myomelt’s” marketing materials, social media, advertising campaigns, website, mobile application, email marketing, and other commercial contexts. “You” waive any right of inspection or approval over “Myomelt’s” use of “Your” “User Content” for marketing purposes.

By submitting “User Content,” “You” represent and warrant that: (a) “You” own or have all necessary rights to the “User Content;” (b) the “User Content” does not infringe the intellectual property, privacy, publicity, or other rights of any third party; (c) the “User Content” does not contain false or misleading information; and (d) if the “User Content” depicts any identifiable individuals other than “Yourself,” “You” have obtained their prior written consent.

10.4 Voluntarily Shared Health Information

If “You” voluntarily post or share health or fitness information about “Yourself” in any “Community” — including information about medical conditions, surgical history, symptoms, or treatment — “You” do so at “Your” own risk with the understanding that such information is public. “Myomelt” is not responsible for how other participants may use such information and will handle it in accordance with Myomelt LLC’s Privacy Policy.

10.5 Content Moderation

“Myomelt” has the right, but not the obligation, to monitor, review, edit, or remove any “User Content” at any time, for any reason, and without notice. “Myomelt” reserves the right to remove any participant from any “Community” or “Service” for conduct that violates this “Agreement” or that “Myomelt” determines to be harmful or inappropriate in its sole discretion.

SECTION 11 — ACCEPTABLE USE AND PROHIBITED CONDUCT

All aspects of the “Services” are protected by U.S. and international copyright, trademark, and other intellectual property laws. By using any “Service,” “You” agree not to engage in, facilitate, or encourage any of the following:

HARMFUL OR UNLAWFUL ACTS. Any dishonest or unethical conduct; any violation of applicable law; any act that inflicts harm on “Myomelt’s” reputation or operations; hacking or digital attacks on the “Services;” scraping, crawling, downloading, or copying “Myomelt Content” or data from the “Services” without express written permission; introducing or transmitting viruses or malicious code; or interfering with the security or operation of the “Services.”
UNAUTHORIZED USE OF CONTENT. Reproducing, duplicating, copying, selling, reselling, or otherwise exploiting any portion of the “Services” or “Myomelt Content” without “Myomelt’s” prior written permission; recording, downloading, or distributing any “Coaching Session” or “Program” session; or using the “Services” to promote competing products or services.
OFFENSIVE OR HARMFUL COMMUNICATIONS. Any communication that is sexually explicit, obscene, threatening, harmful, harassing, defamatory, libelous, or discriminatory; any communication that is false or misleading; or any communication that promotes illegal activity.
SPAMMING AND UNSOLICITED COMMUNICATIONS. Sending unsolicited commercial messages, spam, chain letters, or bulk communications to other participants through the “Services” or any “Community.”
SENSITIVE INFORMATION. Uploading, posting, or transmitting any social security numbers, financial account numbers, credit card data, passwords, or sensitive personal health or financial information of any third party.

Myomelt LLC reserves the right to terminate “Your” access to any or all “Services” immediately and without notice for any violation of this Section or any other provision of this “Agreement.”

SECTION 12 — ELECTRONIC COMMUNICATIONS — SMS AND EMAIL MARKETING

12.1 SMS/Text Message Marketing

By providing “Your” mobile phone number through any Myomelt LLC website or property — including at registration for any “Service” or “Program” — and clicking “Subscribe,” “Register,” or otherwise indicating consent, “You” expressly consent to receive recurring automated and/or manual marketing SMS and MMS text messages from “Myomelt” at the mobile number “You” provide. “Your” click is “Your” electronic signature and constitutes “Your” express written consent. Consent to receive SMS messages is not a condition of purchase or participation. Message frequency will vary. Standard message and data rates may apply.

“You” may opt out of SMS marketing communications at any time by replying STOP to any “Myomelt” text message. “You” may request additional information by replying HELP or by emailing [email protected].

12.2 Email Marketing and Automated Communications

By registering for any “Service” or “Program,” “You” consent to receive automated and manual email communications from “Myomelt,” including transactional emails, program updates, and marketing communications. “You” may opt out of marketing emails at any time by clicking the “unsubscribe” link in any marketing email or by emailing [email protected]. Transactional and account-related emails are not subject to opt-out and will continue to be sent as necessary.

12.3 Communication Security

WHEN “YOU” CONTACT “US” BY EMAIL OR TEXT, “WE” HAVE NO WAY OF FULLY PROTECTING “YOUR” INFORMATION UNTIL IT REACHES “US,” AS THESE CHANNELS DO NOT HAVE ALL OF THE SECURITY FEATURES BUILT INTO THE “SERVICES.” BY COMMUNICATING WITH “US” VIA EMAIL OR TEXT, “YOU” ACKNOWLEDGE AND ACCEPT ANY RISK ARISING FROM THE TRANSMISSION OF SUCH INFORMATION.

SECTION 13 — INTELLECTUAL PROPERTY

All “Myomelt Content” delivered through any “Service” — including, for example, video programs, exercise guides, written materials, audio content, and any other programming created by or for “Myomelt” — is owned by or licensed to Myomelt LLC and is protected by United States and international copyright law. The “Myomelt” name, logo, and other brand identifiers are protected by trademark law. The look and feel of the “Services” and any proprietary methodologies are protected as trade secrets or other applicable intellectual property. Different forms of “Content” may be covered by different intellectual property protections; not every piece of “Content” is protected by every form of intellectual property listed herein.

Subject to “Your” compliance with this “Agreement,” Myomelt LLC grants “You” a revocable, limited, non-exclusive, non-sublicensable, non-transferable license to access and use “Myomelt Content” solely for “Your” personal, non-commercial use during any applicable “Subscription Membership” or “Program” access period. “You” do not acquire any ownership rights in any “Myomelt Content.” No “Myomelt Content” may be copied, reproduced, distributed, republished, uploaded, displayed, posted, sold, or transmitted in any form without “Myomelt’s” prior express written permission.

If "You" believe any "Myomelt Content" or "Service" infringes "Your" copyright, trademark, patent, trade secret, or other intellectual property, "You" may submit a written DMCA notice to: Myomelt LLC, Attention: Legal, 266 Rutledge Ave, Hawthorne, NY 10532, or by email to [email protected]. "Your" notice must include: (1) "Your" physical or electronic signature; (2) identification of the allegedly infringed work; (3) identification of the infringing material; (4) "Your" contact information; (5) a statement of good faith belief that the use is not authorized; and (6) a statement, under penalty of perjury, that "You" are authorized to act on behalf of the copyright owner.

SECTION 14 — DISCLAIMER OF WARRANTIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, ALL “SERVICES” AND ALL “CONTENT” ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THIS DISCLAIMER APPLIES TO ALL “MYOMELT” “SERVICES” WITHOUT EXCEPTION, INCLUDING ALL “SUBSCRIPTION MEMBERSHIPS,” “PROGRAMS,” “COACHING SESSIONS,” AND ALL OTHER “SERVICES.”

“MYOMELT” EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, OR COMPLETENESS OF ANY “CONTENT” OR INFORMATION PROVIDED THROUGH ANY “SERVICE.” “MYOMELT” DOES NOT WARRANT THAT THE “SERVICES” WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.

“MYOMELT” DOES NOT PROMISE, GUARANTEE, OR WARRANT ANY HEALTH OUTCOME, PAIN REDUCTION, IMPROVEMENT IN FUNCTION, OR ANY OTHER SPECIFIC RESULT FROM USE OF ANY “SERVICE.” “YOUR” INDIVIDUAL RESULTS WILL VARY. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

SECTION 15 — LIMITATION OF LIABILITY

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL “MYOMELT” OR ANY OF ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, COACHES, INDEPENDENT CONTRACTORS, AGENTS, LICENSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES OF ANY KIND ARISING FROM OR RELATED TO THIS “AGREEMENT” OR ANY “MYOMELT” “SERVICE,” REGARDLESS OF THE THEORY OF LIABILITY AND REGARDLESS OF WHETHER “MYOMELT” HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL “SERVICES” WITHOUT EXCEPTION, INCLUDING ALL “SUBSCRIPTION MEMBERSHIPS,” “PROGRAMS,” “COACHING SESSIONS,” AND ALL OTHER “SERVICES.”

IN NO EVENT SHALL “MYOMELT’S” TOTAL CUMULATIVE LIABILITY TO “YOU” FOR ANY AND ALL CLAIMS EXCEED THE GREATER OF: (A) THREE (3) TIMES THE TOTAL AMOUNT PAID BY “YOU” TO “MYOMELT” IN THE MONTH IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE; OR (B) TWO HUNDRED U.S. DOLLARS ($200.00).

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, “MYOMELT’S” LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

SECTION 16 — INDEMNIFICATION

To the fullest extent permitted by law, “You” agree to defend, indemnify, and hold harmless “Myomelt,” its members, officers, directors, employees, coaches, independent contractors, agents, licensors, and assigns from and against any and all claims, actions, losses, liabilities, damages, expenses, demands, and costs of any kind — including reasonable attorneys’ fees — arising out of or relating to: (a) “Your” use or misuse of any “Service;” (b) “Your” use or misuse of any “Myomelt Content;” (c) “Your” “User Content;” (d) “Your” breach of this “Agreement” or any representation or warranty made herein; (e) “Your” violation of any applicable law; or (f) “Your” infringement of the rights of any third party. This obligation applies regardless of the type of “Service” involved.

SECTION 17 — THIRD-PARTY PLATFORMS AND “SERVICES”

Myomelt LLC uses third-party platforms and service providers to deliver its “Services,” which may include providers for payment processing, platform and “Community” hosting, video hosting and delivery, marketing and sales, email and SMS communications, and analytics. The identity of these providers may change from time to time as Myomelt LLC’s business needs evolve. “Your” use of the “Services” may involve interaction with these third-party platforms, and “Your” use of those platforms may be subject to their own separate terms of service and privacy policies. Myomelt LLC is not responsible for the practices, terms, or content of any third-party platform and does not warrant that any third-party service will be available or compatible with the “Services” at any time. For information about specific third-party platforms currently used by Myomelt LLC and how they handle “Your” data, please review “Our” Privacy Policy.

“MYOMELT” HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND WITH RESPECT TO ALL THIRD-PARTY SERVICE PROVIDERS AND DISCLAIMS ALL RESPONSIBILITY FOR ANY PERSONAL OR OTHER INFORMATION COLLECTED OR USED BY ANY THIRD-PARTY SERVICE PROVIDER.

SECTION 18 — DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY. EXCEPT WHERE PROHIBITED BY LAW, "YOU" AGREE THAT ANY CLAIM "YOU" MAY HAVE ARISING FROM OR RELATING TO ANY "MYOMELT" "SERVICE" OF ANY KIND — INCLUDING ANY "SUBSCRIPTION MEMBERSHIP," "PROGRAM," "COACHING SESSION," OR OTHER "SERVICE" — MUST BE RESOLVED THROUGH THE PROCESS DESCRIBED BELOW, CULMINATING IN FINAL AND BINDING CONFIDENTIAL ARBITRATION IF NOT EARLIER RESOLVED. "YOU" ARE WAIVING "YOUR" RIGHT TO A TRIAL BY JURY AND "YOUR" RIGHT TO PARTICIPATE IN A CLASS ACTION.

Except as provided in Section 18.6, this Section applies to any and all disputes between "You" and "Myomelt" arising out of or relating in any way to this "Agreement" (including its interpretation, construction, validity, applicability, or enforceability), the "Services," the Privacy Policy, "Your" use of or access to the website, or "Your" relationship with "Myomelt," including disputes that arose before the existence of this or any prior version of this "Agreement" and disputes that may arise after the termination of this "Agreement."

18.1 Informal Resolution

Before initiating any formal dispute proceeding, "Myomelt" and "You" agree that the party having the dispute will first contact the other in writing, either by email ("Myomelt:" at [email protected]; "You:" at the email "You" provided) or by Certified Mail, Return Receipt Requested, describing the claim in writing. "Myomelt" and "You" will attempt to resolve the dispute informally. If the dispute is not resolved within 120 days of "Myomelt's" receipt of "Your" written notice, either party may proceed to non-binding mediation and binding arbitration as provided in the following paragraphs. This 120-day period is a condition precedent to the mediation and arbitration and is included within the 1-year limitation period set forth in Section 18.9.

18.2 Non-Binding Mediation

"Myomelt" and "You" agree to a non-binding mediation before a mediator jointly selected from Resolute Systems ("Resolute") or National Arbitration and Mediation ("NAM") located in New York City. The mediation cost and fees shall be equally shared by "You" and "Myomelt." If neither organization is available for mediation, then the parties shall select a mediator.

"Myomelt" and "You" are each responsible for the cost of their respective legal representation.

If "You" are represented by counsel, counsel may attend the mediation, but "You" must also attend. Either "You" or "Myomelt" may request an in-person mediation. The mediation shall be conducted in New York City. The mediation shall be limited to 3 hours unless the parties agree otherwise. Either party may elect to submit a confidential or open written submission to the mediator.

"You" or "Myomelt" may jointly consent to waive mediation.

Either party may declare the mediation unsuccessful. In such an event, either party may seek arbitration as provided herein.

18.3 Binding Arbitration

Except as provided in Section 18.6, if the mediation is unsuccessful, then "Myomelt" and "You" agree to arbitration before the American Arbitration Association ("AAA") using its Consumer Rules. The Demand for arbitration must be made within 30 days after the mediation is declared unsuccessful. Judgment on the award may be entered in any court of competent jurisdiction.

A single arbitrator will be used. The arbitrator may be selected from a list provided by the AAA or any other arbitrator that "Myomelt" and "You" agree upon. The entity or person initiating the arbitration shall pay the AAA filing fees, with the costs of the arbitration, including the arbitrator fees, equally shared. Discovery shall be limited to one deposition of each party; interrogatories limited to identification of witnesses, documents to be introduced as evidence either in support of the proponent's position or rebuttal evidence and a concise statement in support of the party's position and submission of expert reports. "Myomelt" and "You" may agree to submission of position briefs in lieu of a hearing. The parties or arbitrator may decide upon the procedure for the submission of position papers. The locus of the hearing will be in New York City. The arbitrator shall issue an informed decision.

"You" or "Myomelt" may jointly consent in writing to waive arbitration.

"YOU" ACKNOWLEDGE THAT "YOU" ARE VOLUNTARILY AND KNOWINGLY WAIVING AND FORFEITING "YOUR" STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. "YOU" AND "MYOMELT" ARE INSTEAD ELECTING THAT ALL DISPUTES SHALL BE RESOLVED AS PROVIDED HEREIN. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS SUBJECT TO VERY LIMITED REVIEW.

The arbitrator shall have exclusive authority to resolve all disputes relating to the interpretation, construction, validity, applicability, or enforceability of this "Agreement" and this arbitration provision, including whether any dispute is arbitrable.

This provision is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended, and shall survive termination of "Your" account or relationship with "Myomelt."

18.4 Arbitration Fees

Fees shall be as provided in Section 18.3: the entity or person initiating the arbitration shall pay the AAA filing fees, with the costs of the arbitration, including the arbitrator fees, equally shared by the parties, unless otherwise provided by the AAA's Consumer Arbitration Rules in effect at the time of submission.

18.5 Confidentiality

Unless applicable law provides otherwise, the informal dispute resolution provided for in Section 18.1, the mediation provided for in Section 18.2, and the arbitration proceeding and all records submitted by the parties pertaining to same shall be kept confidential and shall not be disclosed to any third party, except:

as necessary to obtain court confirmation of the arbitration award;
if such information is in the public domain prior to the informal dispute resolution, mediation, and arbitration;
if required by a final court order to be disclosed by a court of competent jurisdiction; or
the parties consent in writing to the disclosure.

18.6 Exceptions — Small Claims and Injunctive Relief

Notwithstanding the foregoing, either party may: (a) bring an individual claim in a small claims court in accordance with the venue specified in Section 19, provided the claim qualifies for and remains within small claims court jurisdiction; and (b) seek a temporary restraining order or emergency injunctive or equitable relief from a court of competent jurisdiction in accordance with Section 19 to prevent actual or threatened infringement or violation of intellectual property or confidentiality rights.

18.7 Class Action Waiver

“YOU” AND “MYOMELT” AGREE THAT ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITIES ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTION OR PROCEEDING.

THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING OR CLAIMS (SUCH AS A CLASS ACTION, CONSOLIDATED ACTION, OR PRIVATE ATTORNEY GENERAL ACTIONS).

IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE FOR ANY REASON, THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE RENDERED NULL AND VOID, AND THE DISPUTE SHALL PROCEED IN A COURT OF COMPETENT JURISDICTION SUBJECT TO THE VENUE PROVISION IN SECTION 19. IF ANY OTHER PORTION OF THIS ARBITRATION PROVISION IS FOUND UNENFORCEABLE, THE REMAINING PORTIONS SHALL REMAIN IN FULL FORCE AND EFFECT.

18.8 Survival

Section 18 shall survive termination of “Your” account or relationship with “Myomelt.”

18.9 Time Limitation on Claims

ANY CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THIS "AGREEMENT," INCLUDING WITHOUT LIMITATION THE INTERPRETATION OF THIS "AGREEMENT," OR ANY "MYOMELT" "SERVICE" MUST BE FILED WITHIN ONE (1) YEAR OF THE DATE ON WHICH THE CLAIM AROSE (INCLUSIVE OF THE 120-DAY INFORMAL RESOLUTION PERIOD DESCRIBED IN SECTION 18.1), OR IT SHALL BE PERMANENTLY BARRED.

This shortened limitation period applies in lieu of any otherwise applicable statute of limitations to the maximum extent permitted by law.

SECTION 19 — GOVERNING LAW AND VENUE

"Services" provided by "Myomelt" are available to those residing throughout the United States and other countries worldwide. Since the laws of each state or country may differ, "You" agree that the statutes and laws of the State of New York, without regard to any principles of conflicts of law, will apply to all matters arising out of or relating in any way to this "Agreement," including, without limitation, the interpretation of this "Agreement" or any "Service" as well as all claims.

To the extent that any dispute is excluded from arbitration under Section 18.6, or if the arbitration provision is rendered null and void under Section 18.7, "You" irrevocably consent to the exclusive personal jurisdiction of and venue in the state and federal courts located in New York, New York, and "You" forever waive any challenge to said courts' exclusive jurisdiction or venue. All such claims must be brought on an individual and non-class basis. This court jurisdiction provision applies only to claims outside the scope of the arbitration provision in Section 18 and does not otherwise limit or conflict with Section 18.

SECTION 20 — INTERNATIONAL USE

The "Services" are operated and controlled by "Myomelt" from the State of New York, United States. "Myomelt" makes no representation that the "Services" are appropriate or available for use in states or territories where their content is illegal or prohibited.

If "You" access any "Service" from outside the United States — including from Canada, the United Kingdom, the European Union, or any other country — "You" do so at "Your" own initiative and are solely responsible for compliance with all applicable local laws.

By using the "Services" from outside the United States, "You" acknowledge and consent to the transfer and processing of "Your" personal information in the United States. For information regarding how "We" handle personal data of users in Canada (PIPEDA), California (CCPA), the European Economic Area (GDPR), and the United Kingdom (UK-GDPR), please review "Our" Privacy Policy.

SECTION 21 — PRIVACY POLICY AND PERSONAL INFORMATION

"Your" use of any "Service" is subject to "Our" Privacy Policy, available at https://www.myomelt.com/privacy-policy, which is expressly incorporated into this "Agreement" by reference. By using any "Service," "You" acknowledge that "You" have read and understood "Our" Privacy Policy and consent to the collection, use, processing, and sharing of "Your" personal information as described therein.

SECTION 22 — ACCOUNT REGISTRATION AND SECURITY

To access certain “Services,” “You” must register for an account and provide accurate, complete, and current registration information. “You” are solely responsible for maintaining the confidentiality of “Your” account credentials and for all activity that occurs under “Your” account. “You” agree to notify “Myomelt” immediately of any unauthorized use of “Your” account at [email protected]. “Myomelt” shall not be liable for any loss or damage arising from unauthorized use of “Your” account resulting from “Your” failure to comply with these obligations.

SECTION 23 — ELECTRONIC SIGNATURE

All information communicated through the “Services” is considered an electronic communication. “You” agree that electronic communications, notices, disclosures, and agreements are equivalent to written communications and have the same force and effect as if signed in writing.

When “You” click “Subscribe,” “I Agree,” “Purchase,” “Register,” “Activate My Account,” or any similar button or link, or when “You” complete any registration or submit payment information for any “Service,” such action constitutes “Your” legally binding electronic signature and “Your” affirmative acceptance of this “Agreement” in its entirety as of that moment, regardless of the type of “Service” being accessed.

SECTION 24 — ADDITIONAL REPRESENTATIONS AND WARRANTIES

“You” hereby represent and warrant during the entire time that “You” make use of the “Services” that: (1) “You” are at least 18 years of age or the legal age of majority in “Your” jurisdiction, whichever is greater; (2) “You” have read this “Agreement” and agree to all provisions herein; (3) “You” will not resell, redistribute, or export any “Content” or “Service” obtained from “Myomelt;” (4) all information “You” provide to “Myomelt” is accurate and truthful; (5) “You” have either consulted a licensed healthcare provider prior to participating in any “Service,” or “You” have read Section 4 in its entirety and determined in “Your” own independent judgment that such consultation is not required; and (6) “You” will comply with all applicable laws in connection with “Your” use of any “Service.”

“You” further represent and warrant that there are no prior or pending government investigations, inquiries, or proceedings against “You” related to health, fitness, or consumer protection matters. If “You” become subject to any such investigation or proceeding, “You” agree to notify “Myomelt” at [email protected] within 24 hours.

“You” acknowledge and agree that the representations contained in this Section are fundamental elements of this “Agreement” and that the “Services” provided by “Myomelt” would not be provided to “You” absent such representations. In the event that the representations contained in this Section are wrong or become wrong during the entire time that “You” make use of the “Services,” “Myomelt,” in its sole discretion, may terminate this “Agreement” and, in such an event, no refund of monies paid by “You” to “Myomelt” will be provided to “You.”

SECTION 25 — MODIFICATIONS TO “SERVICES” AND “TERMS;” EXISTING MEMBERS

25.1 Modifications to the “Services”

“Myomelt” reserves the right to modify, suspend, or discontinue all or any part of the “Services” at any time and for any reason without liability to “You.” “We” will use reasonable efforts to provide advance notice of material changes to the “Services.”

25.2 Modifications to This “Agreement”

“Myomelt” reserves the right to update or modify this “Agreement” at any time. Updated “Terms” will be posted on the website with a revised effective date. “You” agree to review this “Agreement” periodically.

For material changes to this “Agreement,” “We” will notify “You” by email at the email address on file for “Your” account. “Your” continued use of any “Service” after the effective date of any update constitutes “Your” affirmative acceptance of the revised “Agreement.” If “You” do not agree to the revised “Agreement,” “You” must stop using the “Services” and, if applicable, cancel “Your” “Subscription Membership” in accordance with Section 7.2.

25.3 Existing Members — Application of Updated “Terms”

This “Agreement” applies to all “Myomelt” members and participants, including those who registered for or purchased any “Service” prior to the effective date of this “Agreement.” By continuing to use any “Myomelt” “Service” after receiving notice that an updated “Agreement” is in effect — whether by email notification or by the posting of updated “Terms” on the website — all existing members and participants agree to be bound by the updated “Agreement” in its entirety. If “You” are an existing member and do not agree to this updated “Agreement,” “You” must discontinue use of all “Services” and cancel any active “Subscription Membership” in accordance with Section 7.2.

SECTION 26 — TERMINATION

This “Agreement” takes effect at the moment “You” register for any “Service,” click any agreement or purchase button, or begin accessing the “Services” in any form, whichever is earliest, and applies to all existing members upon notice as described in Section 25.3.

“Myomelt” may terminate or suspend “Your” access to any or all “Services” at any time, with or without cause and with or without notice. Upon termination, all licenses granted to “You” immediately terminate and “You” remain liable for all amounts due through the date of termination.

Except as otherwise provided in the Privacy Policy or as required by applicable law, “Myomelt” has no obligation, whether before or after the termination of this “Agreement,” to return or otherwise provide to “You” or any third party on “Your” behalf any information “You” provided to “Myomelt.”

Sections 4, 5, 10, 13, 14, 15, 16, 18, 19, 21, and 24 through 31 shall survive termination.

SECTION 27 — NO WAIVER

No failure or delay on the part of “Myomelt” in exercising any right, power, or remedy under this “Agreement” shall operate as a waiver thereof. A waiver of any right or obligation under this “Agreement” shall only be effective if made in writing and signed by an authorized representative of Myomelt LLC.

SECTION 28 — FORCE MAJEURE

“Myomelt” shall not be liable for any failure or delay in performance of any “Service” resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, internet or telecommunications failures, power outages, data center failures, labor disputes, or government actions. In the event of any such occurrence, “Myomelt” will use commercially reasonable efforts to restore the affected “Services” as promptly as practicable.

SECTION 29 — ASSIGNMENT

Myomelt LLC may assign its rights and obligations under this "Agreement" at any time without notice to "You" or "Your" consent.

"You" may not assign, transfer, or sublicense this "Agreement" to anyone without Myomelt LLC's prior express written consent. Any purported assignment by "You" without such consent shall be null and void and result in the immediate termination of this "Agreement."

SECTION 30 — SEVERABILITY

If any provision of this "Agreement" is found to be invalid, illegal, or unenforceable, such provision shall be modified or severed to the minimum extent necessary and the remaining provisions shall continue in full force and effect. Notwithstanding the foregoing, if the class action waiver in Section 18.7 is found to be unenforceable, the entirety of Section 18 shall be rendered null and void as provided therein.

SECTION 31 — ENTIRE “AGREEMENT”

This "Agreement," together with the Privacy Policy, constitutes the entire agreement between "You" and Myomelt LLC with respect to all “Services” unless modified in writing by Myomelt LLC, and supersedes all prior or contemporaneous agreements, representations, and proposals, whether oral or written. Any ambiguities shall not be construed against the drafting party. Where translations of this “Agreement” are made available, the English language version shall govern in all cases.

Headings

The use of headings in this “Agreement” is for informational and navigational purposes only and is not a substitute for reading each section of this “Agreement” in its entirety. Headings shall not affect the interpretation of any provision.

Read and Understand

“You” represent and warrant that “You” have read and understand the terms, limitations, and conditions stated in this “Agreement” and consent to “Myomelt” providing the “Services” described herein.

SECTION 32 — CONTACT INFORMATION

Questions about this “Agreement” should be directed to:

Myomelt LLC

Email: [email protected]

Website: https://www.myomelt.com

ACKNOWLEDGEMENT

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