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Terms and Conditions

Welcome to the Emerge Positive® website (the “Emerge Positive Website” or “Website”), which is owned and operated by Emerge Positive LLC, a California limited liability company with a mailing address of 8885 Rio San Diego Drive, Suite 237, San Diego, California 92108, on behalf of itself and its subsidiaries (collectively “Emerge Positive” or “We”). Beyond by Emerge Positive™ (the “Emerge Positive Program” or “Program”) is a masterclass designed for women 40+ that provides live group coaching; monthly challenges; morning routines to feel better, do better, live better; a supportive community; accountability and expert frameworks to design your next decade.

READ CAREFULLY. The following terms and conditions (collectively, these “Terms” or “User Agreement”), together with the Emerge Positive Privacy Statement, constitute a legally binding agreement between you and Emerge Positive that governs your use of the Emerge Positive Website, including its contents and elements (text, graphics, artworks, logos, trademarks, service marks, designs, photos, images, videos, audios, listings, directories, printable or downloadable materials, programming/HTML code, page layouts, “look and feel” and user interface designs, embedded software tools and applications, etc.), and any other websites or applications and digital features related to the Website. By using the Website, you accept and agree to be bound by the following Terms and the Website Privacy Statement applicable to your use of the Website. Please note, the Website may contain links to third-party websites and online services that are not owned or controlled by Emerge Positive. Emerge Positive has no control over, and assumes no responsibility for, such websites and online services, and any terms and conditions provided by or on those third-party websites or applications control any use of those websites or applications.

Information Privacy. Your privacy is important to us. To learn more about how Emerge Positive protects your personally identifiable information collected through the Emerge Positive Website, please refer to our Privacy Statement.

NOTE TO INTERNATIONAL USERS: The Emerge Positive Website is intended for U.S. residents only. If you are outside of the United States and access the Website or submit your personal information to us, please be advised that U.S. law may not offer the same privacy protections as the law of your jurisdiction. By using the Website or submitting your personal information to us, you consent to the transfer to and processing of your personal information in the United States.

IMPORTANT WARNINGS AND DISCLAIMERS:

THE EMERGE POSITIVE WEBSITE DOES NOT PROVIDE MEDICAL, PSYCHIATRIC OR MENTAL HEALTH ADVICE OF ANY KIND AND IS NOT INTENDED TO PROVIDE INSTRUCTIONS IN THE EVENT OF AN EMERGENCY. IF YOU BELIEVE YOU REQUIRE THE ASSISTANCE OF A MEDICAL OR MENTAL HEALTH PROFESSIONAL OR ARE EXPERIENCING A SYMPTOM OR SITUATION THAT IS LIFE-THREATENING, CALL 911 OR YOUR EMERGENCY MEDICAL SYSTEM IMMEDIATELY.

THIS USER AGREEMENT CONTAINS PROVISIONS THAT LIMIT EMERGE POSITIVE’S LIABILITY TO YOU AND REQUIRE YOU TO RESOLVE ANY DISPUTE WITH EMERGE POSITIVE THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION.

PLEASE CONFER WITH MEDICAL AND MENTAL HEALTH PROFESSIONALS BEFORE AND DURING THE PROGRAM, especially if you have any chronic or recurring condition. Emerge Positive, its content providers and its suppliers are NOT responsible or liable for any injury or illness you suffer from your participation in the Program. By engaging in the Program, you assume all risks of injury and illness.

PLEASE STOP PARTICIPATING IN THE PROGRAM IMMEDIATELY if you experience any medical or mental ailment. If any of these ailments persist after you stop participation in the Program for a period of time, please seek medical or mental assistance immediately.

The Website is for general informational purposes only. Emerge Positive makes NO representation or warranty, whether express or implied, with respect to the Website. Emerge Positive does NOT endorse and is NOT responsible for any participant-posted view, opinion, advice, statement or comment on the Website. NOTHING YOU SEE OR READ OR OBTAIN FROM THE WEBSITE IS INTENDED TO SUBSTITUTE FOR PROFESSIONAL MEDICAL OR MENTAL HEALTH ADVICE, DIAGNOSIS OR TREATMENT. This also applies to any interactive tools that may be made available through the Website. Such interactive tools are in no way intended as, nor are a substitute for, qualified, expert medical diagnosis, advice, counseling, or treatment. If you have a health condition or illness, or you require a medical opinion, you should consult with a licensed health professional in your area for proper examination, diagnosis, and treatment. Information you submit to Emerge Positive when using such interactive tools is retained by Emerge Positive and will be used by Emerge Positive for operating the interactive tools including providing you with information that you have requested or that may be of interest to you, and for other purposes described in our Privacy Statement or as otherwise authorized by you. Products and services available on the Website are not insurance. THIS WEBSITE HAS NOT BEEN EVALUATED BY ANY GOVERNMENTAL AGENCY FOR ACCURACY.

EMERGE POSITIVE IS NOT A MEDICAL PROVIDER AND NEITHER ITS STAFF, INCLUDING, BUT NOT LIMITED TO, COACHES, NOR THE WEBSITE AND SERVICES CAN GIVE MEDICAL OR MENTAL HEALTH ADVICE NOR CAN THEY PROVIDE ANY INFORMATION CONCERNING THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL OR MENTAL HEALTH CONDITION. THE INFORMATION ON THE EMERGE POSITIVE WEBSITE IS OF A GENERAL NATURE AND IS INTENDED ONLY FOR EDUCATIONAL PURPOSES AND SHOULD NOT BE RELIED ON AS MEDICAL OR MENTAL HEALTH ADVICE. THE INFORMATION ON THE EMERGE POSITIVE WEBSITE SHOULD NOT BE USED AS A SUBSTITUTE FOR THE DIAGNOSIS OR TREATMENT OF OR CONSULTATION CONCERNING ANY MEDICAL OR MENTAL HEALTH CONDITION BY QUALIFIED HEALTH CARE PROFESSIONALS.

Emerge Positive may continue to add, modify and delete existing features of the Website without the need to update these Terms. Emerge Positive shall not be liable to you for any modification, suspension or discontinuance of any feature or component of the Website. The Website and the information on the Website are subject to change without notice and cannot be guaranteed to be current.

The information contained herein has been devised generally and could be affected by certain cultural, social, or language differences.

General Information Disclaimer: The Emerge Positive Website does not make any warranty, express or implied, or assume any legal liability or responsibility for the completeness or usefulness, or the accuracy or quality of any information presented on the Emerge Positive Website. The information on the Emerge Positive Website is subject to change without notice and cannot be guaranteed to be current.

Accessibility: Emerge Positive is committed to ensuring that everyone, regardless of ability, can access and use this Website and participate in the Program. We strive to provide an inclusive digital experience and to make our content accessible in accordance with recognized industry standards, including the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA (or any successor guidelines we reasonably adopt).

Emerge Positive regularly reviews the Website and digital materials to identify and address accessibility barriers. If you experience difficulty accessing any part of the Website or any content we provide, please let us know so we can assist you and continue improving the user experience.

How to Reach Us for Accessibility Support. If you need help accessing any content, have questions about accessibility, or want to report an issue, please contact Emerge Positive at [email protected]. In your message, please describe the nature of the difficulty, the specific webpage or content involved, and your preferred way for us to reach you. We will review your request promptly and make reasonable accommodation where appropriate.

Emerge Positive values your feedback and is continually working to make our digital offerings more accessible and user-friendly. Your input helps us serve all.

  1. Use of the Emerge Positive Website.

The following rules apply to your use of the Emerge Positive Website:

Accessing Your Account: If you access and use the Emerge Positive Website on your smartphone, tablet or other mobile device, you are responsible for all charges (including data and messaging charges) relating to use of the Website through your mobile device. We do not guarantee that the Website or any of the related Program features are compatible with any particular operating system, browser, mobile device or other software or equipment.

  1. Consent to Call, Email, and Text.

You expressly consent to allow us to communicate with you by telephone call, email, text message, and/or other forms of unencrypted electronic messaging (“Electronic Messages”) using any telephone numbers or email addresses that you provide to us when you sign up for the Program, that you otherwise provide, or that we obtain lawfully, such as through caller ID. You expressly agree to receive prerecorded or automated Electronic Messages from Emerge Positive. You agree to receive these Electronic Messages from Emerge Positive even if your phone number is listed on the National Do Not Call Registry. You agree that you are the current owner of any telephone number you provide to Emerge Positive. Wireless or data charges from your carrier may apply, and Emerge Positive is not responsible for these charges.

You understand the risks associated with communicating through Electronic Messages, including, without limitation, that Electronic Messages can easily be misaddressed or forwarded to unintended recipients, that Electronic Messages can be stored, that backup copies of Electronic Messages may exist even after the Electronic Messages are deleted, that Electronic Messages may not be secure and thus may be used or forwarded without your permission or knowledge, that Electronic Messages may be inspected by your telephone carrier, and that Electronic Messages may be used as evidence in court. You understand that Emerge Positive is not liable for any breaches of confidentiality caused by you or a third party due to use of Electronic Messages. You understand that Electronic Messages may be filed in your record.

You may opt out of certain automated Electronic Messages, including SMS, and/or email, at any time. Your email preferences are available on the Website. You may also Contact Emerge Positive to advise of any changes to your preferences. You acknowledge that you may receive a final message confirming your choice to opt out. Unless you revoke your consent to communicate with Emerge Positive via Electronic Messages, your consent will last through the end of your relationship with Emerge Positive. You acknowledge that telephone calls to or from Emerge Positive may be monitored and recorded. You agree to this monitoring and recording.

IN EXCHANGE FOR THE SERVICES PROVIDED BY EMERGE POSITIVE, YOU RELEASE EMERGE POSITIVE FROM ALL CLAIMS, CAUSES OF ACTION, LAWSUITS, DAMAGES, LOSSES, LIABILITIES, OR OTHER HARMS RELATING TO ANY ELECTRONIC MESSAGES YOU EXCHANGE WITH EMERGE POSITIVE. YOU RELEASE EMERGE POSITIVE FROM ALL CLAIMS, CAUSES OF ACTION, OR LAWSUITS BASED ON ANY ALLEGED VIOLATIONS OF ANY LAWS, INCLUDING THE TELEPHONE CONSUMER PROTECTION ACT, THE TRUTH IN CALLER ID ACT, THE CAN-SPAM ACT, THE FAIR DEBT COLLECTION PRACTICES ACT, THE FAIR CREDIT REPORTING ACT, HIPAA, ANY SIMILAR STATE AND LOCAL ACTS OR STATUTES, AND ANY FEDERAL OR STATE TORT OR CONSUMER PROTECTION LAWS.

  1. Ownership: The Website, and all rights, title and interest therein and thereto (including, without limitation, all copyrights, moral rights, trademark rights, trade dress rights, trade secret rights, patent rights, and all other intellectual property or proprietary rights), are the property of Emerge Positive and/or its licensors/suppliers/third parties and are protected by U.S. and foreign intellectual property and other laws. Any unauthorized use or exploitation of the Website is strictly prohibited and may result in civil and/or criminal penalties. Emerge Positive and its licensors/suppliers reserve all rights not expressly granted herein. There are no implied rights or licenses granted to you under these Terms.

The term “Emerge Positive,” the associated logo, and other Emerge Positive trademarks are federally registered and unregistered service marks of Emerge Positive. You shall not display, disparage, dilute, or taint Emerge Positive’s marks or use any confusingly similar marks or use the marks in such a way that would misrepresent who the proper owner of such marks is. Any permitted use of the marks by you shall inure to Emerge Positive’s benefit. Content of the Website is copyrighted Copyright © 2004 – 2025, Emerge Positive LLC, a California limited liability company, or its licensors. All rights reserved.

Third-party trademarks and service marks appearing on the Website are the property of their respective owners.

Emerge Positive’s Limited License to You: Subject to your compliance with these Terms and all applicable laws, Emerge Positive hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited license to access the Website solely for your own personal and lawful use within the United States. The foregoing license permits you to print and download (if enabled by the Website) certain Program materials from the Website for your own personal and non-commercial use only, provided that: (i) you do not transmit, reproduce, distribute, or provide such materials to others; and (ii) you retain all copyright and other proprietary rights and legal notices contained in such materials. Any other use of such materials for public or commercial purposes, including any copying, reproduction, modification, sale, distribution, transmission, republication, display, posting, performance, or other exploitation thereof by any means or medium is strictly prohibited. You acknowledge and agree that the above license is immediately revocable and terminable by Emerge Positive, if Emerge Positive determines, in its sole judgement, that you are in violation of these Terms or any applicable law.

Participant Account: By registering a Program participant account on the Website, you represent and warrant that all account information you submit to Emerge Positive is your own information and is truthful and accurate. Account access is username and password protected, and you are responsible for keeping your account login safe and secure. You may change your account password at any time. You may NOT transfer or share your account login to or with any other person without the express prior written consent of Emerge Positive. Unauthorized transfer or sharing of one’s account login may result in immediate account suspension or termination by Emerge Positive. It is your responsibility to notify Emerge Positive of any change in your account information, including your email address. You should notify Emerge Positive immediately in the event your account login has been stolen, lost, or used by another without your permission.

You acknowledge and agree that Emerge Positive may immediately suspend or terminate your account and deactivate your account login, if: (i) Emerge Positive has any reason to believe that you have misrepresented or provided false information to Emerge Positive; or (ii) Emerge Positive determines, in its sole judgement, that you are in violation of these Terms or any applicable law or that your use of the Website may expose Emerge Positive to liability of any kind, or may adversely affect the reputation or goodwill of Emerge Positive or the Program.

Prohibited Uses. Any unauthorized or unlawful use of the Website is strictly prohibited. Specifically, you may NOT:

  1. use the Website for any unlawful purpose, including, without limitation: operating any scam or fraudulent scheme (such as a pyramid or Ponzi scheme); impersonating another, or making unauthorized use of another’s information; disseminating junk email, spam, or other unsolicited and unwanted messages or communications; or collecting personal information from or about others (including click farm customers) without their knowledge or consent, including through “phishing” or under any other false pretense;
  1. use the Website to upload, store, post, display, transmit, publish or distribute any material that: (i) is unlawful; threatening; harassing; abusive; hateful; discriminatory; derogatory; obscene; vulgar; pornographic; excessively violent; false, deceptive or misleading; defamatory or libelous; or otherwise offensive; (ii) promotes, solicits or aids crimes or illegal activities; (iii) promotes or solicits violence; (iv) promotes or solicits gambling, public intoxication, underage drinking, or drug abuse; (v) promotes or solicits animal cruelty; (vi) contains, promotes, or links to fake offers, scams, or other fraudulent schemes (such as pyramid schemes and Ponzi schemes); (vii) contains, promotes, or links to viruses, worms, Trojan horses, spyware, malware, ransomware, or other malicious, harmful or disruptive code or material that is designed to damage, interfere with, intercept, lock out, or expropriate any software, hardware, information or data; or (viii) violates or misappropriates another’s copyright, trademark, trade secret, patent, right of publicity, right of privacy, contractual right, or other property or proprietary right of any kind (including, without limitation: using another’s name, likeness, photo, or other identity without consent);
  1. make copies of (except as permitted herein), modify, alter, translate, or otherwise create derivative works from, or transmit, publish, sell, transfer, license, or otherwise distribute (other than as expressly permitted by applicable law), the Website;
  1. use the Website for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes, including, without limitation, for the purpose of developing any product or service to compete against Emerge Positive or the Program;
  1. interfere in any way with the operation of the Website, or any server, network or system associated therewith, including, without limitation: hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning or testing the vulnerability of the Website, or any server, network or system associated therewith; breaching or circumventing firewall, encryption, security or authentication routines; accessing data not intended for you, or accessing another’s account that you are not expressly authorized to access;
  1. use any automated program, tool or process (including, without limitation, web crawlers, robots, bots, spiders, or automated agents or scripts) to access the Website, or to register multiple accounts on the Website, or to generate automated searches, requests, or queries to the Website, or to strip, scrape, extract, or mine data or information from the Website (except, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file);
  1. remove, erase, conceal, alter, or otherwise tamper with Emerge Positive or third-party intellectual property, attribution, or other proprietary rights or legal notices included on the Website;
  1. link to, frame, or otherwise create a browser or border environment around, the Website, without the express prior written consent of Emerge Positive;
  1. use any trademark or service mark of Emerge Positive: (i) for advertising, promotional, marketing, sale, or any other commercial or for-profit purposes (unless with the express prior written consent of Emerge Positive); (ii) in any way that falsely suggests or implies an association or affiliation with, or endorsement, sponsorship or approval by, Emerge Positive or the Program or the Website; or (iii) in any way that defames or disparages Emerge Positive or the Program or the Website; or otherwise use the Website in a way that violates these Terms or any applicable law.
  1. Third-Party Sites/Products/Services

The Website may include information, links, and advertisements about non-affiliate, third-party websites, products and services (collectively, “Third-Party Sites/Products/Services” and each, a “Third-Party Site/Product/Service”). Information, links, and ads about Third-Party Sites/Products/Services are provided for participants’ convenience and general information purposes only. Emerge Positive does NOT own, control, produce, provide or operate any such Third-Party Sites/Products/Services. The display of information, links, or ads about Third-Party Sites/Products/Services does NOT constitute or imply Emerge Positive’s sponsorship, endorsement or approval of, or affiliation or association with, such Third-Party Sites/Products/Services. You acknowledge and agree that Emerge Positive is NOT in any way responsible or liable for, and does NOT make any representation or warranty (whether express or implied) with respect to: (i) the availability, price, make, material, craftsmanship, style, genuineness, quality, durability, performance, warranty, customer service, or ethical or environmental standard of a Third-Party Product/Service; (ii) your level of satisfaction with a Third-Party Product/Service; (iii) your use of (or inability to use) a Third-Party Product/Service; (iv) any defect or error in a Third-Party Product/Service; (v) the failure or refusal by the third-party provider to accept a return, to make an exchange, to issue a refund or credit, or to honor a warranty with respect to a Third-Party Product/Service; or (vi) any billing error, overcharge, or any unauthorized or fraudulent charge, in relation to a Third-Party Site/Product/Service. If you choose to use a Third-Party Site/Product/Service, you do so of your own volition and at your own risk. You understand that when using a Third-Party Site/Product/Service, you are subject to the terms of use and privacy policy of the third-party provider. Any claim you may have in relation to a Third-Party Site/Product/Service must be brought directly against the third-party provider. You acknowledge and agree that under no circumstances will Emerge Positive and its successors and assigns be liable in any way for any act or omission of the third-party provider or for any injury, loss or damage incurred by you as a result of your use of a Third-Party Site/Product/Service.

  1. Interactive Tools

Any interactive tools (“Interactive Tools” or “Tools”), provided on the Emerge Positive Website are designed to provide general educational information only, and are not intended to provide medical or mental health advice of any kind. You agree that the information you enter for all Tools is true and correct, and that if any information changes, you will correct it. Information you enter into Tools, or authorize to be shared with Emerge Positive, is retained by Emerge Positive, but is not utilized by Emerge Positive other than for interacting with you in delivering the services of the Emerge Positive Website, and for other purposes described in the Website’s Privacy Statement or as otherwise authorized by you. Use of these Tools and any interactions with Emerge Positive staff affiliated with the Emerge Positive Website concerning these interactive tools or any services purchased over the Emerge Positive Website are for education and information purposes only. Use of the Tools and any services provided to you do not constitute medical or other mental health advice and are not intended to replace the diagnosis, treatment, and advice of your physician and other health care professionals.

  1. Disclaimer of Warranties; Limitation of Liability

BY USING THE PROGRAM AND/OR THE WEBSITE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE AS FOLLOWS:

(i) THE PROGRAM, THE WEBSITE, AND ANY AND ALL INFORMATION, PRODUCTS, SERVICES, AND OTHER MATERIALS AVAILABLE THROUGH THE PROGRAM AND/OR THE WEBSITE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMERGE POSITIVE AND ITS LICENSORS/CONTENT PROVIDERS/SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM, THE WEBSITE, AND ANY AND ALL INFORMATION, PRODUCTS, SERVICES, AND OTHER MATERIALS AVAILABLE THROUGH THE PROGRAM AND/OR THE WEBSITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE AND NON-INFRINGEMENT, WARRANTIES AGAINST COMPUTER VIRUS, AND WARRANTIES ARISING FROM THE COURSE OF DEALING OR THE COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EMERGE POSITIVE AND ITS LICENSORS/CONTENT PROVIDERS/SUPPLIERS MAKE NO REPRESENTATION OR WARRANTY THAT THE PROGRAM, THE WEBSITE, OR ANY INFORMATION, PRODUCT, SERVICE, OR OTHER MATERIAL AVAILABLE THROUGH THE PROGRAM OR THE WEBSITE, WILL BE ERROR-FREE, COMPLETE, ACCURATE, USEFUL, OR SECURE, OR WILL BE UNINTERRUPTED, OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT ANY DEFECT OR ERROR WILL BE CORRECTED. PRICE AND AVAILABILITY INFORMATION PERTAINING TO ANY PRODUCT OR SERVICE AVAILABLE THROUGH THE PROGRAM OR THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE.

(ii) YOUR USE OF THE PROGRAM, THE WEBSITE, AND/OR ANY INFORMATION, PRODUCT, SERVICE, OR OTHER MATERIAL OBTAINED FROM THE PROGRAM OR THE WEBSITE, IS ENTIRELY AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE PROGRAM OR THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PROGRAM AND WEBSITE.

(iii) EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL Emerge Positive OR ANY OF ITS LICENSORS/CONTENT PROVIDERS/SUPPLIERS BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO THE PROGRAM, THE WEBSITE, OR ANY INFORMATION, PRODUCT, SERVICE, OR OTHER MATERIAL OBTAINED FROM THE PROGRAM OR THE WEBSITE, EVEN IF EMERGE POSITIVE AND RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

(iv) BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, DAMAGES OR LIABILITIES, SOME OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. ACCORDINGLY, NOTHING IN THIS SECTION 6 AFFECTS ANY WARRANTIES, DAMAGES OR LIABILITIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Participant-Submitted Materials

The Website may permit you to submit, enter and upload information (whether by electronic mail, chat, or other means), including but not limited to questions, comments, testimonials, or suggestions (collectively, “User Submissions”). With regard to your User Submissions, you agree that your User Submissions will be governed by the Website’s Privacy Statement.

You are entirely responsible for all of your User Submissions. You represent and warrant that you have the necessary rights to provide your User Submissions to Emerge Positive and that your User Submissions:

  1. are voluntary and consensual and are made without any condition or reservation of rights, including, without limitation, any condition of compensation, payment, credit, attribution, secrecy or confidentiality. No contractual, fiduciary or confidential relationship of any kind (whether express or implied) is created between you and Emerge Positive by reason of your submission. Your submission is not returnable and may be retained indefinitely by Emerge Positive and its successors and assigns; 
  1. will not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights; 
  1. will not violate any law, statute, ordinance or regulation; 
  1. will not violate any third party’s rights of publicity or privacy; 
  1. will not be defamatory, unlawfully threatening or harassing, harmful, to minors in any way, or otherwise offensive or inappropriate; 
  1. will not be obscene or contain child pornography; 
  1. will not contain any viruses, worms, time bombs or other computer programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; and 
  1. except as expressly otherwise provided in this User Agreement or the Privacy Statement, any other communication(s) or material(s) you transmit to the Website by electronic mail or other medium, including any questions, comments, or suggestions, is and will be treated as non-confidential and non-proprietary information and may be used by Emerge Positive, Emerge Positive’s outside vendors, or its affiliates or related entities for any purpose, including but not limited to, reproductions, disclosure, transmission, publication, broadcast, and postings. Furthermore, and except as expressly otherwise provided in this User Agreement or the Privacy Statement, Emerge Positive, Emerge Positive’s outside vendors and its affiliates and related entities are free to use any information, ideas, concepts, inventions, or techniques contained in any communication you send to the Website for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services. If you wish to keep any information, ideas, concepts, inventions or techniques private or proprietary, do not submit them to the Website.

By providing User Submissions, you grant Emerge Positive a perpetual, irrevocable, non-exclusive, transferable, sub licensable, worldwide, royalty-free, fully paid up right and license to access, use, create derivative works of, display, perform, distribute and otherwise exploit your User Submissions for any purpose, subject to any restrictions under applicable law, and subject to our Privacy Statement. If you wish to keep any information, ideas, concepts, inventions or techniques private or proprietary, do not submit them to the Program or Website.

  1. Participant Indemnification and Release

Participant Indemnification. By using any and/or all of the Program and/or the Website, you agree to indemnify and hold harmless Emerge Positive and its licensors/content providers/suppliers, Emerge Positive’s successors, assigns and licensees, as well as their respective officers, directors, employees, agents and representatives (collectively, the “Related Parties”), from and against any and all claims, actions, causes of action, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees and court costs) arising out of or related to: (i) your violation of these Terms or any applicable law; (ii) your participation in the Program; (iii) any injury (including death), damage or loss incurred by you, or caused to any third party by you, in connection with or in the course of your participation in the Program; (iv) your use of any information, product, service, or other material obtained from the Program or the Website, including your use of any Third-Party Site/Product/Service; and/or (v) any material submitted by you.

Participant Release. By using any and/or all of the Program and/or the Website, you also hereby release and forever discharge (to the fullest extent permitted by applicable law) the Related Parties from any and all claims, actions, causes of action, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees and court costs) arising out of or related to: (i) the Program; (ii) the Website; (iii) any information, product, service, or other material available through the Program or the Website, including any Third-Party Site/Product/Service; and/or (iv) your use of (or inability to use), or your reliance upon, the Program, the Website, or any information, product, service, or other material obtained from the Program or the Website, including any Third-Party Site/Product/Service.

IF YOU ARE A CALIFORNIA RESIDENT, YOU FURTHER HEREBY WAIVE ALL RIGHTS AND BENEFITS UNDER CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING RELEASE. CALIFORNIA CIVIL CODE SECTION 1542 PROVIDES:

GENERAL RELEASE: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

  1. Use Website At Own Risk

BY USING THE WEBSITE OR ANY INFORMATION, PRODUCT, SERVICE, OR OTHER MATERIAL OBTAINED FROM THE WEBSITE, YOU ASSUME ANY AND ALL RISKS OF DAMAGE TO YOUR COMPUTER AND/OR MOBILE DEVICE AND LOSS OR CORRUPTION OF DATA RESULTING FROM SUCH USE. EMERGE POSITIVE IS NOT RESPONSIBLE FOR ANY TERMINATION OF YOUR CONNECTION TO THE WEBSITE, EVEN IF SUCH TERMINATION OF CONNECTION AFFECTS YOUR USE OF THE WEBSITE.

  1. Disputes

Unless prohibited by law, you agree to only resolve disputes with Emerge Positive on an individual basis and waive any right to pursue any claims on a class or consolidated basis or in a representative capacity. YOU AND EMERGE POSITIVE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. You  further agree to waive any right to seek public injunctive relief. If this provision is found to be unenforceable, you agree that a claim for public injunctive relief will be brought in arbitration pursuant to the terms herein, and that you expressly acknowledge you are waiving any and all rights to bring a public injunctive relief claim in court.

Prior to filing a demand for arbitration, you must provide notice and an opportunity to respond to Emerge Positive and/or Emerge Positive must provide notice and an opportunity to respond to you.

You must send a notice describing the dispute (a “Notice of Dispute”) by email to [email protected] or by certified mail to Emerge Positive as detailed in Section 11.4. Emerge Positive then has 30 days from receipt of your Notice of Dispute to respond. If you deem Emerge Positive’s response unsatisfactory, you may file a demand for arbitration as detailed below.

Emerge Positive must send a Notice of Dispute describing the dispute to you at the email address associated with your account. You then have 30 days from receipt of Emerge Positive’s Notice of Dispute to respond. If Emerge Positive deems your response unsatisfactory, Emerge Positive may file a demand for arbitration as detailed below.

If a dispute arises between you and Emerge Positive relating to the Website or these Terms, you agree that the dispute shall be resolved by final and binding arbitration administered by the American Arbitration Association under its rules for consumer arbitrations (“AAA Rules”). You and Emerge Positive agree to the following rules relating to any arbitration proceeding:

  1. YOU AND EMERGE POSITIVE WAIVE ANY RIGHT TO BRING SUCH CLAIMS BEFORE ANY COURT OF LAW. RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
  1. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
  1. The venue for all disputes arising under these Terms shall be San Diego, California, but you and Emerge Positive may agree to conduct the arbitration by telephone, or online and/or solely based on written submissions. You hereby waive any right to claim that such location is an inconvenient forum and covenant not to sue us in any other forum. However, if the parties choose to conduct in-person proceedings and the arbitrator determines that this location imposes unreasonable burdens, the arbitrator has the power to order that the proceedings take place elsewhere.
  1. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity (including attorney’s fees) and any award of the arbitrator will be final and binding on each of the parties.
  1. The arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review.
  1. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  1. Barring extraordinary circumstances, the arbitrator will issue a decision within 120 days from the date the arbitrator is appointed, which may be extended 30 days in the interests of justice.
  1. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award.
  1. The award of the arbitrator will be in writing and will not include any statement setting forth the reasons for the disposition of any claim. Either you or Emerge Positive may seek an injunction at any time from any court of competent jurisdiction as necessary to protect the rights or property of you or us pending the completion of arbitration.
  1. Either you or Emerge Positive may start arbitration proceedings. Any arbitration between the parties will take place under AAA Rules. You and Emerge Positive agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879. Emerge Positive can also help put you in touch with the AAA.

Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. If, however, you are able to demonstrate that the costs of arbitration will be prohibitive for you as compared to the costs of litigation, Emerge Positive will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. If the arbitrator determines that the claim(s) you assert in the arbitration are frivolous, you agree to reimburse Emerge Positive for all fees associated with the arbitration that Emerge Positive paid on your behalf which you otherwise would be obligated to pay under the AAA Rules.

  1. Miscellaneous

11.1 Not Intended for Minors under the age of 13. This Website is not designed or intended for use by persons under the age of 13. Such persons are not permitted to register for an Emerge Positive account and are not permitted to use the Website without the direct involvement and oversight of a parent or guardian. We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to participate in the Program. If Emerge Positive learns that we have collected personal information directly from a person under age 13 without verification of parental consent, we will delete that information and terminate the person’s account.

11.2 Assignment. Emerge Positive may assign this User Agreement or any of its rights or obligations under this User Agreement, to any third party without your prior consent. This User Agreement will inure to the benefit of Emerge Positive’s successors, assigns and licensees.

11.3 Electronic Communications. By using the Website, you consent to receiving communications from Emerge Positive (or entities acting on behalf of Emerge Positive, including but not limited to payment processors) electronically, including emails and (if you have an account on the Website) messages posted to your account (“Notice”). Please note, you will be required to provide an email in order to participate in the Program. You acknowledge and agree that all agreements, Notice including, but not limited to a Notice of Dispute, disclosures, and other communications that Emerge Positive provides to you electronically satisfy any legal requirement that the same be in writing.

11.4 Notices to Emerge Positive. Except as expressly otherwise indicted in these Terms or by Emerge Positive, all your notices to Emerge Positive under these Terms must be in writing and delivered in person or by registered or certified mail to the following address:

Emerge Positive
8885 Rio San Diego Drive, Suite 237

San Diego, California 92108

11.5 Governing Law. The validity, interpretation, construction and performance of this User Agreement, and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed, construed and interpreted in accordance with the laws of the State of California, without giving effect to principles of conflicts of law.

11.6 Changes/Updates. From time to time, Emerge Positive may make changes/updates to the Website and/or these Terms to accommodate new technology, industry practices, regulatory requirements, or for other purposes. Emerge Positive will provide you Notice of changes pursuant to Section 11.3. Emerge Positive reserves the right to make non-material changes without Notice.

11.7 Waiver. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and Emerge Positive’s failure to assert any right under these Terms or to enforce any provision of these Terms shall not be deemed a waiver of such right or provision.

11.8 Entire Agreement; Conflict. These Terms, together with our Privacy Statement, constitute the entire and complete agreement and understandings between you and Emerge Positive concerning the Website. In the event of any inconsistency or conflict between these Terms and information contained in any Program materials (including, without limitation, print or electronic brochures, newsletters, pamphlets, handouts, flyers, or other informational, advertising, promotional, or publicity materials that relate to the Program and/or the Website, whether or not prepared by Emerge Positive), the provisions of these Terms shall prevail and control.

11.9 Third Party Beneficiary. You acknowledge and agree that (i) the provisions of these Terms that relate to arbitration, limitation on liability, disclaimers, indemnities and waiver and release (these sections constituting the “Specified Sections”) shall apply both with respect to Emerge Positive and the third party providers of the content that Emerge Positive makes available to you through the Website or Program (each, a “Content Provider”); and (ii) each applicable Content Provider shall be a third party beneficiary hereunder for purposes of the Specified Sections, is entitled to the applicable rights and benefits set forth in the Specified Sections, and may enforce the provisions in the Specified Sections as if it were a party to these Terms and shall survive your participation in the Program. Except as stated herein, there are no other Third Party Beneficiaries to this User Agreement.

Last updated November 30, 2025