Empathize - Eden Fitness Inc. Terms of Service

  1. Terms

By accessing the website at https://www.empathize.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.


  1. Use License

Permission is granted to temporarily download one copy of the materials (information or software) on Empathize– Eden Fitness Inc.’s website for personal, non-commercial transitory viewing only. This is the grant of a license,not a transfer of title, and under this license you may not:

    1. modify or copy the materials;

    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial)

    3. attempt to decompile or reverse engineer any software contained on Empathize – Eden Fitness Inc.’s
      website;

    4. remove any copyright or other proprietary notations from the materials; or

    5. transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Empathize Eden Fitness Inc. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

  1. Disclaimer

The materials on Empathize- Eden Fitness Inc.’s website are provided on an ‘as is’ basis. Empathize- Eden Fitness Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or noninfringement of intellectual property or other violation of rights.Further, Empathize – Eden Fitness Inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.


  1. Limitations

In no event shall Empathize – Eden Fitness Inc. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Empathize – Eden Fitness Inc.’s website, even if Empathize – Eden Fitness Inc. or a Empathize – Eden Fitness Inc. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.


  1. Accuracy of Materials

The materials appearing on Empathize – Eden Fitness Inc.’s website could include technical, typographical, or photographic errors. Empathize – Eden Fitness Inc. does not warrant that any of the materials on its website are accurate, complete or current. Empathize – Eden Fitness Inc. may make changes to the materials contained on its website at any time without notice. However Empathize – Eden Fitness Inc. does not make any commitment to update the materials.


  1. Links

Empathize – Eden Fitness Inc. has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Empathize – Eden Fitness Inc. of the site. Use of any such linked website is at the user’s own risk.


  1. Modifications

Empathize- Eden Fitness Inc. may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.


  1. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of California and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.


  1. Empathize Monthly Billing Agreement

An automatic recurring payment will be made every 30 days after your initial payment. A fee of $5.00 plus any applicable taxes will be assessed with your initial payment. By this Agreement, the Client authorizes authorize Eden Fitness Inc. to charge the full amount required by the payment plan to the specified Payment Method; and the Client authorize the financial institution for the Payment Method specified above to charge and remit payment for the service to Eden Fitness Inc. This authority will remain in effect until the Client gives notification, as required under this Agreement, to terminate the authorization; provided, however, that no termination of authorization will relieve the Client of any obligation to pay amounts due for services already rendered.


  1. Cancellation of free trial 

In the case of a promotional free trial (via an affiliate, corporate gift card, or promo code) your subscription will automatically renew and your Bank will be charged on the day after your trial expires. You must cancel before the end of your free trial if you do not wish to be billed. The day your account is activated is considered day one of your free trial. Free trials will only be offered once to any individual or household. Some promotions and offers may only be available to new subscribers of Eden Fitness Inc. 

 

  1. Cancellation of subscription plan 

To cancel your subscription, please visit the My Account section of the website while you’re logged in. Cancellations are immediate upon confirmation. The cancellation should be initiated at least 3 days to the end of the billing cycle to avoid additional Empathize Subscription Service Fees.

Upon cancellation, all prepaid services will due to the Clients until the prepayments are depleted. 

 

  1. Change of terms and conditions 

With respect to all Eden Fitness Inc. services and subscriptions, except where noted otherwise, any price list displayed represents the full service price as determined by Eden Fitness Inc., or estimated in accordance with standard industry practice; or the estimated service value for a comparably featured service offered elsewhere. Prices of all Eden Fitness Inc. services are subject to change at any time in Eden Fitness Inc.’s sole discretion. All such pricing changes will be posted on our Website and notified to you through your email address.

 

  1. Your consent to use electronic signatures and communications

As part of your relationship with us, we are required by law to give you certain information “in writing.” We may also need to obtain your signature to perform certain functions, such as opening an account or enrolling you in our online banking services. If you prefer, you can choose to both receive information and to provide necessary signatures related to your relationship with us electronically, instead. In order to do this, we first need your consent to use electronic records and signatures. “Communications” means each disclosure, notice, agreement, undertaking, fee schedule, periodic statement, record, document or other information we provide to you, or that you sign or submit or agree to at our request, in connection with your relationship with us.

  1. Scope of your consent. 

Your consent applies to Communications related to all Eden Fitness Inc services we may make accessible or available, or offer to you, whether through a website, software application, email, messaging services (including text message), or otherwise. 

  1. Your consent to use electronic records and signatures; Choosing to receive Communications electronically or in writing; certain information must still be provided in writing. 

  1. In our sole discretion, the Communications provided to you, or that you sign or agree to at our request, may be in electronic for (“Electronic Records”). We may also use electronic signatures and obtain them from you as part of our transactions with you. 

  2. In some cases, you will be able to choose whether to receive certain Communications electronically, or on paper, or both. We may, for example, allow you to change your preferences for receiving certain Communications electronically by using tools offered on our fitness website or through a mobile application we offer to you.

  3. We may always, in our sole discretion, provide you with any Communication in writing or send it to you via the U.S mail or other means of delivery, even if you have chosen to receive it electronically. We may require any information you provide to us, or a document you sign, to be delivered to us in writing.

  4. If we provide an Electronic Record to you, and you want a paper copy, you may contact us and request a paper version. You may have to pay a fee for the paper copy unless charging a fee is prohibited by applicable law.

  5. You should print or download a copy of any electronic Communications for your records, including this consent.

  1. You may withdraw your consent at any time; Consequences of withdrawing consent; How to give notice of withdrawal. 

You have the right to withdraw your consent at any time. Please be aware, however, that withdrawal of consent may result in the termination of your use, access to or ability to enroll in certain Eden Fitness Inc. services. To withdraw your consent, contact us at our Contact Center [email protected] Your withdrawal of consent will become effective after we have had a reasonable opportunity to act upon it. Depending on the specific Eden Fitness Inc. service, if you withdraw consent with respect to online fitness packages, we will terminate your online fitness access services, updates, and related services. 

  1. You must keep your email or electronic address current with us. 

To receive electronic Communications you must provide us with valid email and mailing address. You must notify us immediately of any change to your phone number, email or mailing addresses. You can make changes to your mail address or your email address by changing your profile information or calling our Contact Center.

 

  1. System Requirements 

In order to view and retain your electronic Communications, you will need: 

  1. Internet access, a Current Version of an internet browser we support, and an email address; 

  2. A Current Version of a PDF reader; 

  3. A printer or other storage device; and 

  4. An active email address. 

You must have a computer or handheld device using a Current Version of an operating system capable of supporting all of the requirements described above. By “Current Version”, we mean a version of the software currently supported by its publisher. We reserve the right to discontinue support of a Current Version of software if, in our sole opinion, it suffers from a security flaw or other flaw that makes it unsuitable for our use of electronic Communications. 

In some cases, you may also need a specific brand or type of device that can support a particular software application, including an application intended for particular mobile or handheld devices. We will tell you when this is the case. 

If we change these hardware or software requirements, and that change creates a material risk that you would not be able to access or retain your electronic Communications, we will notify you of the revised hardware or software requirements, but you will continue to receive electronic Communications until you withdraw your consent.

 

  1. Changes

We reserve the right, in our sole discretion, to communicate with you in paper form. In addition, we reserve the right, in our sole discretion, to discontinue the provision of electronic Communications or to terminate or change the terms and conditions on which we provide electronic Communications. Except as otherwise required by applicable law, we will notify you of any such termination or change by updating these Terms on the Website and the Application or delivering notice of such termination or change electronically.

 

  1. Your authorization for ACH debits and credits

By agreeing to the Terms, you are authorizing Eden Fitness Inc. to debit your account at the Financial Institution for recurring debits to make payment on your subscription service. These recurring debits shall continue to be processed until such time as you revoke your authorization as referenced above. You understand that the agreements and rules and regulations applicable to all of your services with us remain in effect and continue to be applicable.

  1. Debit Amounts

All debits will be for the amount shown on the ACH Origination Authorization Agreement. You also authorize us to process any reversing debits and credits to correct any erroneous transactions. If the debit amount is greater than what is necessary to pay for the subscription service, we shall credit the excessively deducted amount back to your account. 

  1. Your Right to Stop Payment of Pre-authorized Debits and How to Do So: 

You may revoke the Authorization by emailing us at [email protected] or write us at ATTN: Eden Fitness Inc., 1040 Folsom Street, San Francisco California 94103 in time for us to receive your request 15 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call.

Please note that withdrawal of your electronic authorization contained in this Section will not apply to ACH transactions performed before the withdrawal of your authorization becomes effective.

  1. Indemnification: 

You acknowledge that all of the information you provided on the ACH Origination Authorization Agreement created by you and delivered to the Eden Fitness Inc. is true, complete and correct. You agree to indemnify and hold Eden Fitness Inc., its employees, agents, and/or assigns harmless from and against any and all causes of action, claims, liabilities or costs (including reasonable attorneys’ fees) that arise against Eden Fitness Inc., its agents, employees and/or assigns by reason of having relied on the information provided by you and/or related to the Eden Fitness Inc. providing the services pursuant to the terms of the Agreement.


17. Payments made to card / loan / Student Loans


Any transaction that is made through Empathize empathizes tools are at the users own risk. If a payment does not post to the users bank / credit card / student loan etc. Empathize is not liable for the missed payment.


We are authorized to pay your Cards and loans using ACH Transfer from your bank account.

 


  1. Term

    By accessing the website at https://www.empathize.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

  2. Use License

    Permission is granted to temporarily download one copy of the materials (information or software) on Empathize– Eden Fitness Inc.’s website for personal, non-commercial transitory viewing only. This is the grant of a license,not a transfer of title, and under this license you may not:

    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial)
    3. attempt to decompile or reverse engineer any software contained on Empathize – Eden Fitness Inc.’s website;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or “mirror” the materials on any other server.

    This license shall automatically terminate if you violate any of these restrictions and may be terminated by Empathize Eden Fitness Inc. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

  3. Disclaimer

    The materials on Empathize- Eden Fitness Inc.’s website are provided on an ‘as is’ basis. Empathize- Eden Fitness Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or noninfringement of intellectual property or other violation of rights.Further, Empathize – Eden Fitness Inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

  4. Limitations

    In no event shall Empathize – Eden Fitness Inc. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Empathize – Eden Fitness Inc.’s website, even if Empathize – Eden Fitness Inc. or a Empathize – Eden Fitness Inc. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

  5. Accuracy of Materials

    The materials appearing on Empathize – Eden Fitness Inc.’s website could include technical, typographical, or photographic errors. Empathize – Eden Fitness Inc. does not warrant that any of the materials on its website are accurate, complete or current. Empathize – Eden Fitness Inc. may make changes to the materials contained on its website at any time without notice. However Empathize – Eden Fitness Inc. does not make any commitment to update the materials.

  6. Links

    Empathize – Eden Fitness Inc. has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Empathize – Eden Fitness Inc. of the site. Use of any such linked website is at the user’s own risk.

  7. Modifications

    Empathize- Eden Fitness Inc. may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

  8. Governing Law

    These terms and conditions are governed by and construed in accordance with the laws of California and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

  9. Empathize Monthly Billing Agreement

    An automatic recurring payment will be made every 30 days after your initial payment. A fee of $5.00 plus any applicable taxes will be assessed with your initial payment. By this Agreement, the Client authorizes authorize Eden Fitness Inc. to charge the full amount required by the payment plan to the specified Payment Method; and the Client authorize the financial institution for the Payment Method specified above to charge and remit payment for the service to Eden Fitness Inc. This authority will remain in effect until the Client gives notification, as required under this Agreement, to terminate the authorization; provided, however, that no termination of authorization will relieve the Client of any obligation to pay amounts due for services already rendered.

  10. Cancellation of free trial

    In the case of a promotional free trial (via an affiliate, corporate gift card, or promo code) your subscription will automatically renew and your Bank will be charged on the day after your trial expires. You must cancel before the end of your free trial if you do not wish to be billed. The day your account is activated is considered day one of your free trial. Free trials will only be offered once to any individual or household. Some promotions and offers may only be available to new subscribers of Eden Fitness Inc.

  11. Cancellation of subscription plan

    To cancel your subscription, please visit the My Account section of the website while you’re logged in. Cancellations are immediate upon confirmation. The cancellation should be initiated at least 3 days to the end of the billing cycle to avoid additional Empathize Subscription Service Fees.

    Upon cancellation, all prepaid services will due to the Clients until the prepayments are depleted.
  12. Change of terms and conditions

    With respect to all Eden Fitness Inc. services and subscriptions, except where noted otherwise, any price list displayed represents the full service price as determined by Eden Fitness Inc., or estimated in accordance with standard industry practice; or the estimated service value for a comparably featured service offered elsewhere. Prices of all Eden Fitness Inc. services are subject to change at any time in Eden Fitness Inc.’s sole discretion. All such pricing changes will be posted on our Website and notified to you through your email address.

  13. Your consent to use electronic signatures and communications

    As part of your relationship with us, we are required by law to give you certain information “in writing.” We may also need to obtain your signature to perform certain functions, such as opening an account or enrolling you in our online banking services. If you prefer, you can choose to both receive information and to provide necessary signatures related to your relationship with us electronically, instead. In order to do this, we first need your consent to use electronic records and signatures. “Communications” means each disclosure, notice, agreement, undertaking, fee schedule, periodic statement, record, document or other information we provide to you, or that you sign or submit or agree to at our request, in connection with your relationship with us.

    1. Scope of your consent.

      Your consent applies to Communications related to all Eden Fitness Inc services we may make accessible or available, or offer to you, whether through a website, software application, email, messaging services (including text message), or otherwise.

    2. Your consent to use electronic records and signatures; Choosing to receive Communications electronically or in writing; certain information must still be provided in writing.
      1. In our sole discretion, the Communications provided to you, or that you sign or agree to at our request, may be in electronic for (“Electronic Records”). We may also use electronic signatures and obtain them from you as part of our transactions with you.

      2. In some cases, you will be able to choose whether to receive certain Communications electronically, or on paper, or both. We may, for example, allow you to change your preferences for receiving certain Communications electronically by using tools offered on our fitness website or through a mobile application we offer to you.

      3. We may always, in our sole discretion, provide you with any Communication in writing or send it to you via the U.S mail or other means of delivery, even if you have chosen to receive it electronically. We may require any information you provide to us, or a document you sign, to be delivered to us in writing.

      4. If we provide an Electronic Record to you, and you want a paper copy, you may contact us and request a paper version. You may have to pay a fee for the paper copy unless charging a fee is prohibited by applicable law.

      5. You should print or download a copy of any electronic Communications for your records, including this consent.

    3. You may withdraw your consent at any time; Consequences of withdrawing consent; How to give notice of withdrawal.

      You have the right to withdraw your consent at any time. Please be aware, however, that withdrawal of consent may result in the termination of your use, access to or ability to enroll in certain Eden Fitness Inc. services. To withdraw your consent, contact us at our Contact Center [email protected] Your withdrawal of consent will become effective after we have had a reasonable opportunity to act upon it. Depending on the specific Eden Fitness Inc. service, if you withdraw consent with respect to online fitness packages, we will terminate your online fitness access services, updates, and related services.

    4. You must keep your email or electronic address current with us.

      To receive electronic Communications you must provide us with valid email and mailing address. You must notify us immediately of any change to your phone number, email or mailing addresses. You can make changes to your mail address or your email address by changing your profile information or calling our Contact Center.

  14. System Requirements

    In order to view and retain your electronic Communications, you will need:

    1. Internet access, a Current Version of an internet browser we support, and an email address;

    2. A Current Version of a PDF reader;

    3. A printer or other storage device; and

    4. An active email address

  15. Changes

    We reserve the right, in our sole discretion, to communicate with you in paper form. In addition, we reserve the right, in our sole discretion, to discontinue the provision of electronic Communications or to terminate or change the terms and conditions on which we provide electronic Communications. Except as otherwise required by applicable law, we will notify you of any such termination or change by updating these Terms on the Website and the Application or delivering notice of such termination or change electronically.

  16. Your authorization for ACH debits and credits

    By agreeing to the Terms, you are authorizing Eden Fitness Inc. to debit your account at the Financial Institution for recurring debits to make payment on your subscription service. These recurring debits shall continue to be processed until such time as you revoke your authorization as referenced above. You understand that the agreements and rules and regulations applicable to all of your services with us remain in effect and continue to be applicable.

    1. Debit Amounts

      All debits will be for the amount shown on the ACH Origination Authorization Agreement. You also authorize us to process any reversing debits and credits to correct any erroneous transactions. If the debit amount is greater than what is necessary to pay for the subscription service, we shall credit the excessively deducted amount back to your account.

    2. Your Right to Stop Payment of Pre-authorized Debits and How to Do So:

      You may revoke the Authorization by emailing us at [email protected] or write us at ATTN: Eden Fitness Inc., 1040 Folsom Street, San Francisco California 94103 in time for us to receive your request 15 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call.

      Please note that withdrawal of your electronic authorization contained in this Section will not apply to ACH transactions performed before the withdrawal of your authorization becomes effective.
    3. Indemnification

      You acknowledge that all of the information you provided on the ACH Origination Authorization Agreement created by you and delivered to the Eden Fitness Inc. is true, complete and correct. You agree to indemnify and hold Eden Fitness Inc., its employees, agents, and/or assigns harmless from and against any and all causes of action, claims, liabilities or costs (including reasonable attorneys’ fees) that arise against Eden Fitness Inc., its agents, employees and/or assigns by reason of having relied on the information provided by you and/or related to the Eden Fitness Inc. providing the services pursuant to the terms of the Agreement.

  17. Payments made to card / loan / Student Loans

    Any transaction that is made through Empathize empathizes tools are at the users own risk. If a payment does not post to the users bank / credit card / student loan etc. Empathize is not liable for the missed payment. We are authorized to pay your Cards and loans using ACH Transfer from your bank account.