Motivve Health Studios, LLC offers qualified participants, as defined below the opportunity to participate in one or more of the following components of our rewards program (“Rewards Program”) that are available to you through our products and services (collectively, the “Services”): Motivv Studios Sweepstakes, and/or the Direct Exchange, (the “Rewards Program Components" or "Components"). You may not be eligible to participate in the Rewards Program and/or all of the Rewards Program Components may be visible to you, so terms relating to those Components may not apply to you.

In connection with the Rewards Program, you may have the opportunity to participate in various missions, challenges, or other activities, and to earn virtual currencies and goods such as tickets, coins, gems ("Virtual Currency") for participating in or completing certain health-related activities and/or activities while using our Services. You may have the option of using your Virtual Currency in a variety of ways, including for a chance to win products or services through automatic entry into promotional drawings in which prizes are given away at no charge to Participants (“Sweepstakes”); and/or you may earn prizes, incentives and rewards offered by Motivv or in connection with Third-Party Programs (as defined below) such as HSA, HRA, and FSA contributions, changes to insurance premiums and deductibles, gift cards, and other rewards (collectively “Motivv Rewards”, "Rewards" or "rewards").

These Rewards Program Terms and Conditions (the "Program Rules") govern the Rewards Program, each of its Components, and Motivv Studios relationship with Participants in the Rewards Program. Participation in the Rewards Program is subject to these Program Rules, which apply universally unless specifically indicated otherwise, and supersede any and all previous rules, terms, or conditions related to Motivv Rewards (except the Terms of Service, which are incorporated herein for reference). Participants' access to Rewards Program Components, specific promotions, or other incentives are determined based on their health plans and/or health insurers, healthcare providers and networks, pharmaceutical companies, employers, other providers of healthcare related products or services, and companies that contract with health plans and/or health insurers, healthcare providers and networks, pharmaceutical companies, employers, other providers of healthcare related products or services, and/or other sponsoring organization (collectively, the “Motivv Partners''), among other things, and may be subject to additional terms and conditions. References in these Program Rules to “Motivv”, "we", "us" or "our" are references to Motivv Health Studios, LLC d/b/a Motivv Health Studios and its employees, officers, directors, contractors, subsidiaries, affiliate entities, and any successor entities. Any references to “Participants”, or individually , a “Participant”, "you" or "your" in these Program Rules means a registered user and Eligible Participant participating in the Program, including the person's heirs, assigns or dependents, for any of the Services that are offered through the Program, including without limitation individuals legally acting on behalf of others or their dependents. Your participation in the Rewards Program is expressly conditioned on your compliance with these Program Rules and with all present and future terms, regulations, policies and procedures that the Motivv may, in its discretion, adopt from time to time. Program terms and conditions are void where prohibited by law.

Motivv has the sole discretion to interpret and apply these Program Rules, and all questions or disputes regarding these Program Rules will be resolved by Motivv in its sole discretion. Neither the Rewards Program, nor any Reward or benefit offered by the Rewards Program creates, constitutes or gives rise to any legal or contractual rights in Participants against Motivv.

Motivve Health Studios, LLC, 14900 Detroit Avenue #200, Lakewood, Ohio 44107 ("Sponsor", “Company” or "Motivv"). Certain Rewards Program Components and other promotions or incentives may be co-sponsored by Motivv and other third parties. Those parties will be listed where applicable. Unless expressly stated otherwise, neither Google nor Apple is a sponsor of, or involved in any way in any of our Rewards Program Components, or other promotions or incentives.

You acknowledge and agree that the following terms and conditions apply to all Participants of the Motivv Rewards Program:

You acknowledge and agree that the following terms and conditions apply to all Participants of Motivv Rewards Program:

Unless otherwise indicated, Motivv Rewards are supplied by third parties, not under the ownership or control of Motivv ("Third-Party Suppliers"). Motivv is not responsible for the act or omission of any such Third-Party Suppliers, nor is Motivv liable for any losses or penalties incurred if any Third-Party Suppliers is sold, ceases to exist or becomes inoperative; or if a Reward or part of a Reward is canceled or modified; or for acts of nature that affect any Reward. Motivv, its subsidiaries, and affiliates make no guarantees, warranties, or representations of any kind concerning any Reward, and are not responsible for Third-Party Suppliers products or programs or obligated in any way in connection with their operation or for any expense, loss, injury, damage, delay, accident or any other matter whatsoever, however suffered or caused, directly or indirectly arising out of participation in a Third-Party Suppliers product or program, including without limitation, (i) failure or delay by the Third-Party Suppliers to redeem Rewards or to provide any specific Rewards, for whatever reason; (ii) loss or damage caused by Rewards supplied or requested in connection with the Third-Party Suppliers product or program; (iii) any changes to a Third-Party Suppliers product or program with or without notice; (iv) termination of a Third-Party Suppliers product or program, with or without notice, for whatever reason.

You agree not to make any claims against us for any matter connected in any way with a Third-Party Suppliers product or program. You agree that your sole recourse for any and all liability in connection with Third-Party Suppliers product or program will be against the third party only. By redeeming Rewards, you release Motivv and its parent, subsidiaries and affiliates from any and all liability regarding the redemption or use of Rewards or other participation in the Program. Please allow up to 12 weeks for the delivery of your Reward unless otherwise indicated.

Motivv does not recommend or endorse any Reward, incentive, promotion, coupon, discount, product, merchandise, services, or other information that may appear as part of the Rewards Program and/or through the Services unless otherwise indicated.

Unless otherwise specifically indicated, the following terms and conditions apply to all Sweepstakes sponsored by Motivv on our Services:

CONSUMER DISCLOSURE: NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN SWEEPSTAKES. SOME RESTRICTIONS APPLY. YOU HAVE NOT YET WON. ODDS OF WINNING DEPEND UPON THE TOTAL NUMBER OF ELIGIBLE ENTRIES. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING AND WILL NOT BE ACCEPTED BY MOTIVV. REWARDS ARE AS SPECIFIED IN CERTAIN SWEEPSTAKES PROMOTIONS. OPEN TO ALL LEGAL RESIDENTS OF THE 50 UNITED STATES, THE DISTRICT OF COLUMBIA, PUERTO RICO, ANY PROVINCE OR TERRITORY OF CANADA OTHER THAN QUEBEC, THE BAHAMAS, AND CAYMAN ISLANDS WITH ACCESS TO MOTIVV SERVICES AND PLATFORM, PARTICIPATING THROUGH AUTHORIZED MOTIVV PROGRAMS, AND MEETING THE ELIGIBILITY CRITERIA SET FORTH IN THESE RULES. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. YOU MUST HAVE ACCESS TO THE INTERNET TO ENTER.

Motivve Health Studios, LLC, 14900 Detroit Avenue, Lakewood, Ohio 44107 ("Sponsor", or "Motivv"). Certain Sweepstakes may be co-sponsored by Motivv and other third parties. Those third parties will be listed where applicable. Unless expressly stated otherwise, neither Google nor Apple is a sponsor of, or involved in any way in, any of our sweepstakes or contests.

The Program is offered only to (a) legal residents in the 50 United States, the District of Columbia, Puerto Rico, any province or territory of Canada other than Quebec, the Bahamas, and the Cayman Islands (b) who are at least 18 years of age or older or have reached the age of majority in their state, province, or territory at the time of entry (each an "Eligible Entrant"). If any winner is a registered user and a Participant of the Rewards Program, but is not an Eligible Entrant due to the Participant being a minor in his/her state, province, or territory of residence, a reward may be awarded in the name of such winners’ parent/legal guardian, who must complete and return to Sponsor any required documentation. Employees of Motivv or its advertising agencies, and each of their officers, directors, and agents and their immediate family or household members are not eligible to participate in any Sweepstakes. All federal, state, provincial, and local laws and regulations apply. Sponsor reserves the right to verify the eligibility of winners, including, without limitation, by requiring individuals to provide a valid identification and a valid taxpayer identification number or social security number to claim a reward. Canadian residents may be required to provide valid proof of identification to claim a reward. All federal, state, provincial, and local taxes are the responsibility of the winner (if applicable). Participation constitutes entrant's full and unconditional agreement to these Official Rules and to Sponsor's decisions, which are final and binding in all matters related to the Sweepstakes. Winning a reward is contingent upon fulfilling all requirements set forth herein.

The Sponsor may offer the opportunity to enter certain Sweepstakes promotions while utilizing Motivv Services. The start and end date and time for each Sweepstakes shall be clearly posted in our Services. The clock within the Services is the official clock for each Sweepstakes. This Sweepstakes timing information and any information provided in our Services in connection with a particular Sweepstakes form a part of these Program Rules for that Sweepstakes. Motivv reserves the right to change the start and end date and time of any Sweepstakes in its sole discretion.

If offered the opportunity to enter certain Sweepstakes promotions while utilizing the Services, your earned Virtual Currency (more specifically, number of tickets) will be automatically entered into the Sweepstakes. If available, you may find your number of Virtual Currency earned on various screens while utilizing our Services, including but not limited to “Missions” and “Prizes” tabs and/or screens within any available application. Alternative sweepstakes or promotions may also be offered from time to time, and may be limited to Participants of certain Motivv Partners. Details of these alternative Sweepstakes, including how to enter and Rewards, will be described in our Services, and/or other materials describing that sweepstakes or promotion, and may differ from the details set forth in these Program Rules. Other than to the extent that such details may differ, these Program Rules apply to all alternative sweepstakes or promotions.

There is one primary form of Sweepstakes offered in the Services: "Multiple Entry Sweepstakes" automatically enters the Participant into the Sweepstakes providing multiple entries based on the number of Virtual Currency used for that Sweepstakes, provided the Participant has enough Virtual Currency to enter that Sweepstakes (as determined by Motivv). In some cases, a Multiple Entry Sweepstakes will have a limit on the maximum number of entries permitted. Other variations of the Multiple Entry Sweepstakes format may not set limits on entries, and the maximum number of entries will depend solely on the users number of available Virtual Currency. Limits and other rules are defined and published for each Multiple Entry Sweepstakes. For Multiple Entry Sweepstakes,  Virtual Currency may be used in subsequent Sweepstakes. In some instances, Motivv may also allow users to enter specific Sweepstakes through means other than Virtual Currency for Multiple Entry Sweepstakes. Details of these alternative Sweepstakes, including how to enter and rewards, will be described in the Services, and/or other materials describing that Sweepstakes as provided by Motivv Partners and/or Motivv. These Sweepstakes may be limited to users of specific Motivv Partners.

If available, Sweepstakes Rewards offered by Sponsor are visible on various screens within any application available while utilizing our Services. The duration of the particular Sweepstakes offering the Rewards and the number of Rewards shall be published for each Sweepstakes format. The odds of winning any Sweepstakes will depend on the number of Entries submitted for that Sweepstakes. Each Entry shall be equally weighted and have the same chance of winning. For Approximate Retail Value listings for Rewards, please reference the FAQs and/or other materials describing that Sweepstakes and program as provided by Motivv Partners and/or Motivv. Each Sweepstakes shall be administered separately and the total aggregate ARV of the Rewards for each Sweepstakes shall be calculated based only on that particular Sweepstakes. Rewards shall be selected by Sponsor in its sole discretion. If you have questions regarding any Reward, please contact Motivv at support@motivvhealthstudios.com.

Within a reasonable period of time after the close of a Sweepstakes, Sponsor shall randomly draw the stated number of potential winners from all eligible Entries for that Sweepstakes. The drawing will take place at Sponsor's offices, or when applicable, the co-sponsor's offices. If your Entry is drawn, you will be deemed the potential winner of the Reward, pending confirmation and/or verification of your eligibility and compliance with these Program Rules.

For a copy of the official Program Rules, visit https://motivvhealthstudios.com/rewards-program-terms-and-conditions. Motivv may reveal the winner of a Sweepstakes as determined by Motivv and the applicable Motivv Partners.

Motivv may post information concerning and help administer incentive and reward programs associated with our Motivv Partners ("Third-Party Program"). For example, Third-Party Programs may award Rewards for completing healthy activities, including without limitation HSA, HRA, and FSA contributions, changes to insurance premiums and deductibles, gift cards, and more. There may be instances where your Motivv or other Account reflects a Reward that was incorrectly or improperly awarded to you or otherwise contains or involves an error of some kind. MOTIVV RESERVES THE RIGHT TO CORRECT, MODIFY, OR REVERSE – OR CAUSE TO BE REVERSED (INCLUDING WITHOUT LIMITATION BY MOTIVV PARTNERS) – ANY REWARDS THAT ARE MISTAKENLY OR IMPROPERLY AWARDED TO YOU, INCLUDING REWARDS IN CONNECTION WITH A THIRD-PARTY PROGRAM.

In addition, Third-Party Programs, which are not sponsored by Motivv, may be governed by separate terms and conditions, which do not apply to these Program Rules. Motivv, its subsidiaries, and affiliates are not responsible for the act or omission of any other party in connection with Third-Party Programs; nor are Motivv, its subsidiaries, or affiliates liable for any losses or penalties in connection with a Third-Party Program, including, but not limited to, any loss or penalty incurred if any Third-Party Supplier is sold, ceases to exist or becomes inoperative.

Your Third-Party Programs may limit the total amount that you can earn on Motivv. If so, that cap could prevent you from earning the full amount of a Reward for a particular activity, or earning additional Rewards beyond your cap. Some activities may take time to process.

Motivv, its subsidiaries, and affiliates make no guarantees, warranties, or representations of any kind concerning any Third-Party Program, and are not responsible for Third-Party Programs or obligated in any way in connection with their operation or for any expense, loss, injury, damage, delay, accident or any other matter whatsoever, however suffered or caused, directly or indirectly arising out of participation in a Third-Party Program, including without limitation, (i) failure or delay to fulfill Rewards, for whatever reason; (ii) loss or damage caused by Rewards supplied or requested in connection with a Third-Party Program; (iii) any changes to a Third-Party Program with or without notice; and/or (iv) termination of a Third-Party Program, with or without notice, for whatever reason. Please feel free to contact your associated Motivve Studio Partner or support@motivvhealthstudios.com if you have any questions.

You acknowledge and agree, that unless otherwise specifically indicated, the following terms and conditions apply to all Rewards sponsored by Motivv through our Services. If you are selected as a potential recipient of a Reward, you will be notified while utilizing our Services, online, and/or by email, telephone, or mail.

To obtain your Reward, follow the instructions as provided on the Reward,, the Third-Party Suppliers’ website, and/or the instructions notifying the potential receipt of a Reward while utilizing our Services, online, and/or by email, telephone, or mail. Each may be subject to additional terms and conditions imposed by the participating Third-Party Supplier, which terms and conditions shall govern in connection with that Third-Party Suppliers’ Reward to the extent that they differ from the Program Rules. Each Reward is valid only through the applicable expiration date. If offered and/or applicable, acceptance of a coupon or discount is the sole responsibility and at the sole discretion of the participating Third-Party Supplier, and coupons or discounts for particular products, merchandise, or services are subject to availability and may be substituted for discounts for equivalent or similar products, merchandise, or services. Coupons and discounts (i) have no cash value; (ii) may not be redeemed for cash or its equivalent; (iii) if so specified, may be redeemable only once; and (iv) if so specified, may not be combined with other manufacturer or retailer coupons, discounts, or rebates for the same product.

A limited number of Rewards may be made available during a specific promotion period. That promotion will end when supplies of the Reward are exhausted or at the end of the promotion period, whichever occurs earlier. All Rewards will be awarded, unless the promotion period ends without Rewards being redeemed. Unless otherwise specified, each Participant may redeem only one (1) reward during the promotion period.

To claim your Reward, you may be required to reply to Sponsor as specified and within the time period indicated in your notification, or Sponsor may, in its sole discretion, select an alternative potential recipient.

Before awarding a Reward, Sponsor may require you to furnish proof of identification and other proof of eligibility under these Program Rules and to execute and return any required documentation, including but not limited to, a Declaration of Eligibility and Release, tax acknowledgment, and other forms. If requested, you must execute and return any and all documents or provide information requested by Sponsor completed in their entirety within fourteen (14) business days from the date any such documents are sent to you or such other time that Motivv specifies, and participate in any other checks or activities upon request, or your Reward may (in Sponsor's sole discretion) be forfeited.

If you are found to be ineligible or otherwise not in compliance with these Program Rules, you fail to submit any required documentation, you decline to accept the Reward, Sponsor is unable to contact you, or in the event that the Reward or reward notification is returned undeliverable, you will forfeit the Reward, and Sponsor may, in its sole discretion, select an alternative potential Reward recipient from the pool of all Eligible Participants.

Please allow up to 12 weeks for delivery of your Reward, which, if applicable, will be mailed to the address you provided at registration.

The right to receive a Reward is non-assignable and non-transferable, and no reward substitution, exchange, transfer or cash equivalent will be allowed, except by Sponsor who reserves the right to substitute a Reward of equal or greater value in case of unavailability of Reward or force majeure. Sponsor will not replace any lost or stolen Rewards or components of a Reward. Only the number of Rewards stated in these Program Rules and our Services in respect of the applicable Sweepstakes will be available to be won in that Sweepstakes. If, by reason of a print or other error, more Rewards are claimed than the number set forth in these Program Rules and on the Services in respect of a Sweepstakes, an alternate winner will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of Rewards available. Once a Reward is fulfilled, it cannot be canceled or changed; it is completely non-refundable. There are no refunds, exchanges, replacements, conversions for currency, or credits.

Unless otherwise noted at the time of redemption, all Rewards are final, cannot be returned, and will not be replaced by Motivv.

EACH POTENTIAL REWARD RECIPIENT IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE REWARDS PROGRAM. AN ELIGIBLE PARTICIPANT IS NOT A WINNER OR RECIPIENT OF ANY REWARD UNLESS AND UNTIL PARTICIPANTS ELIGIBILITY HAS BEEN VERIFIED, AND PARTICIPANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.

YOU ARE RESPONSIBLE FOR TAXES IN CONNECTION WITH ANY REWARD, COUPON, OR DISCOUNT. ANY AND ALL APPLICABLE FEDERAL, STATE, PROVINCIAL, AND LOCAL TAXES AND ALL FEES AND EXPENSES RELATED TO ACCEPTANCE AND USE OF A REWARD NOT SPECIFICALLY STATED HEREIN ARE THE RESPONSIBILITY SOLELY OF REWARD RECIPIENTS.

THE FOLLOWING SECTIONS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY, AS THEY MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OUR TERMS OF SERVICE INCLUDE A DISPUTE RESOLUTION PROVISION TO WHICH YOU HAVE ALREADY AGREED.

We want to address your concerns before initiating a formal legal case. Before either party may file a claim against the other, we both agree to make a good faith effort to resolve any dispute, claim, or controversy arising out of or relating to the Services informally.  You can contact legal@motivvhealthstudios.com to initiate the dispute resolution process. We will make reasonable efforts to resolve the dispute informally within a reasonable timeframe. If a dispute is not resolved within 30 days of submission – and only then – you or Motivv may bring a formal arbitration proceeding as described below.

You and Motivv agree to resolve through final and binding arbitration any claims relating to the Rewards Program, these Program Rules, the Site’s Terms of Service, the Site, the Services, and any rewards or incentives offered on or through the Site, except as set forth under Exceptions to Agreement to Arbitrate below. The arbitration shall be held in the state in which you reside. For residents outside the United States, arbitration shall be initiated in Cleveland, OH, or any other location to which the parties agree in writing. You and Motivv further agree to submit to the personal jurisdiction of any state or federal court in Cleveland, OH, to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

You can decline this agreement to arbitrate by sending an email to Motivv within 30 days of your first participation in the Rewards Program or any related promotion or incentive. The email must specify your first and last names, Motivv User ID (email address), mailing address, and explain that you are opting out of the Motivv Terms of Service arbitration provision. The email should be sent to legal@motivvhealthstudios.com, Subject: Legal Department Arbitration Provision. If you opt out of these arbitration provisions, Motivv will not be bound by them either.

The arbitration shall be conducted by a single arbitrator, governed by the rules of JAMS that are in effect at the time the arbitration is initiated available at jamsadr.com or by calling JAMS at 1-800-352-5267 (referred to as the “JAMS Rules”) and under the rules set forth in these Terms of Service. We may also mutually agree in writing to have the arbitration conducted by telephone or based on written submissions.

Motivv will pay all arbitration fees for claims less than $75,000, unless the arbitrator finds the arbitration to be frivolous. You are responsible for all other additional costs that you may incur in the arbitration, including, but not limited to, attorney's fees and expert witness costs unless Motivv is otherwise specifically required to pay such fees under applicable law. For claims that total more than $75,000, the JAMS rules will govern payment of filing fees and arbitration fees. The decision of the arbitrator will be in writing and binding and conclusive on Sponsor and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. Motivv and you agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment, will be allowed in the arbitration. The arbitrator must follow these Program Rules and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney's fees. Notwithstanding the foregoing, Motivv and you agree not to seek attorneys' fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for any improper purpose. Motivv and you understand that, absent this mandatory arbitration provision, Motivv and you would have the right to sue in court and have a jury trial. Motivv and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. If Motivv is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys' fees and costs to Motivv. If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute, or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, Motivv and you agree to waive, to the fullest extent allowed by law, any trial by jury. The terms of these arbitration provisions will also apply to any claims asserted by you against any present or future parent or affiliated company of Motivv to the extent that any such claims arise out of your access to or participation in the Rewards Program or any component of the Rewards Program or other promotion or incentive run in connection with any Reward.

Either you or Motivv may assert claims, if they qualify, in small claims court with jurisdiction over the claim, provided the informal dispute resolution described above was unsuccessful. Either party may bring a lawsuit alleging intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

We agree that each party may only resolve disputes with the other party on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. We agree that class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU AND MOTIVV ARE GIVING UP THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. EACH PARTY UNDERSTANDS THAT BY AGREEING TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, EACH PARTY MAY ONLY BRING CLAIMS AGAINST THE OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO ARBITRATION, YOU SHOULD OPT OUT OF THIS ARBITRATION PROVISION AS STATED ABOVE OR CEASE USING OUR SERVICES.

This Arbitration Agreement and Class Action Waiver section shall survive any termination of your account or the Services.

In the event that the agreement to arbitrate is found not to apply to you or your claim, or for claims not subject to arbitration, you and Motivv agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of the State of Ohio. Both you and Motivv consent to venue and personal jurisdiction there.

You agree that the arbitration provision is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration. You otherwise agree that the law of the state of Delaware governs these Terms of Service and any claim or dispute that you may have against us, without regard to Delaware’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.

You acknowledge and agree that the following additional terms and conditions apply to all Participants and Components of the Motivv Rewards Program:

Motivv and its parent companies, affiliates, subsidiaries, clients, customers, partners, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing, and their respective officers, directors, employees, representatives, and agents ("Motivv Released Parties") are not responsible for illegible, lost, late, incomplete, misdirected, or undeliverable email; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/website/use net accessibility, availability, or traffic congestion, or any technical, typographical, or other error, or unauthorized human intervention, or the incorrect or inaccurate capture of registration information, or the failure to capture, or loss of, any such information. Motivv Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, or technical error. A Participant’s sole and exclusive remedy with respect to any claim whatsoever in connection with any Component of the Rewards Program shall be a refund of the amount of Virtual Currency used to participate in the Rewards Program.

All merchandise rewards fulfilled by or through Third-Party Suppliers are subject to product availability and may change without notice, including the identity of the Third-Party Supplier. The Participant will be notified if the item the Participant has ordered is not available and if and when it will become available. Items shown on the Services or in Rewards Program communications are the latest models available at the time of publication. In the case of products that are not available, Reward may be substituted with an item of equal or greater value or, at Motivv's option and discretion, Motivv may deliver the Reward when the product becomes available. Third-Party Suppliers may ship the model pictured or the most current comparable model available. If a product is received and determined to be defective, it will be the user's responsibility to follow the information for making a claim under any manufacturer's warranty provided with each product and the user will have no recourse against Motivv.

Motivv may offer gift cards ("Gift Cards") and gift certificates ("Gift Certificates") that are issued by a Third-Party Supplier. Such Gift Cards/Gift Certificates may be subject to additional terms and conditions, which are entirely within the Third-Party Supplier's control. Motivv is in no way affiliated with the issuers of the Gift Cards/Gift Certificates, nor are they considered sponsors or co-sponsors of Motivv Rewards. Gift Cards/Gift Certificates are valid at participating merchants only through the expiration date printed on the front or back of the Gift Certificate or Gift Card, except as otherwise provided by applicable law. Acceptance of the Gift Cards/Gift Certificates is the sole responsibility of the participating merchant. No photocopies of Gift Cards/Gift Certificates will be honored. Gift Cards/Gift Certificates have no cash value and may not be redeemed for cash or its equivalent. Any unused portion will not be returned as cash unless a Gift Card/Gift Certificate states otherwise, or as required by law. Gift Cards/Gift Certificates are transferable unless otherwise noted on the Gift Cards/Gift Certificates. Gift Cards/Gift Certificates are void where prohibited by law. Unless otherwise stated on the Gift Card/Gift Certificate, Gift Cards/Gift Certificates for Rewards offered do not include any federal, state or local taxes, which are the Participant's sole responsibility at time of redemption. Motivv, Third-Party Suppliers and any other participating merchants are not responsible for refunding or replacing lost, stolen or mutilated Gift Cards/Gift Certificates or tickets. Some Gift Cards/Gift Certificates or other Rewards require an additional charge for shipping and handling. If applicable, Gift Cards/Gift Certificates or Rewards do not include gratuities.

If there is any conflict between the Terms of Service and these Program Rules, the Program Rules take precedence, but only in relation to a Rewards Program. To the extent that there is a conflict between the English language version and a version of the rules in another language on this page, the English version takes precedence and shall govern.

Motivv may waive compliance with these Program Rules in its sole discretion and may run promotions from time to time that provide enhanced benefits to select Participants. Notwithstanding the foregoing, Motivv failure to exercise any of its rights under these Program Rules or its delay in enforcing or exercising any of those rights shall not constitute a waiver of such rights.

Motivv reserves the right to change the Rewards Program, including any Component, at any time and in Motivv sole discretion, without prior notice to Participant, including but not limited to: (i) increasing or decreasing the number of Virtual Currency required in connection with any Component or Reward; (ii) shortening or extending a time period or changing a date in connection with any Component or Reward offering; (iii) adding or removing functionality or the platform as a whole; and (iv) any other change, without limitation.

With the exception of individual Sweepstakes, or other promotions, which shall have start and/or end dates as set forth on the Services and/or in the official rules for the individual sweepstakes, the Rewards Program has no predetermined termination date. Motivv reserves the right, in its sole discretion, without notice and at any time, to terminate, cancel or expire the Program, in whole or in part, or an individual Participant's participation in the Program, with or without cause. "Termination" shall be defined as ending the Rewards Program, with no further ability to earn Virtual Currency and/or redeem Rewards by any Participant in the Rewards Program; the Rewards Program has not been terminated if a replacement/successor program is made available to the Rewards Program Participant that offers the Participants a reasonable means to earn Virtual Currency and redeem Rewards. "Cancellation" shall be defined as the expiration or revocation of an individual Participant's eligibility to participate, for any reason, with or without cause. Termination and Cancellation may result from violation of any of the terms and conditions of this Agreement and/or fraudulent or unauthorized use of the Participant's Account. All accrued Virtual Currency will expire upon the date of Termination, Cancellation or expiration of Participant's Account or the Rewards Programs.

THE REWARDS PROGRAM AND MOTIVV SERVICES ARE PROVIDED ON AN "AS IS" BASIS. MOTIVV DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY INFORMATION, SERVICES AND COMMERCIAL OFFERINGS, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND/OR ACCURACY OF INFORMATION PROVIDED WITH RESPECT TO ANY REWARDS, THE REWARDS PROGRAM, AND MOTIVV SERVICES. MOTIVV FURTHER DISCLAIMS ANY WARRANTIES THAT THE REWARDS PROGRAM OR MOTIVV SERVICES WILL BE FREE FROM COMPUTER VIRUSES OR WITHOUT TECHNICAL GLITCHES, INCLUDING WITHOUT LIMITATION FOR ANY FAILURE OF PERFORMANCE, INTERRUPTION, DELAY OR DEFECT. MOTIVV DOES NOT OFFER ANY WARRANTY WITH RESPECT TO THE RESULTS OBTAINED FROM PARTICIPATING IN THE REWARDS PROGRAM, NOR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR OFFERINGS PROVIDED TO PARTICIPANTS THROUGH MOTIVV SERVICES OR THE REWARDS PROGRAM (EITHER DIRECTLY OR THROUGH A THIRD-PARTY SUPPLIER). MOTIVV DOES NOT WARRANT THAT THE REWARDS PROGRAM OR MOTIVV SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES MOTIVV MAKE ANY WARRANTY WITH RESPECT TO THE RESULTS OBTAINED FROM PARTICIPATING IN THE USE OF THE REWARDS PROGRAM OR MOTIVV SERVICES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR OFFERINGS PROVIDED THROUGH EITHER.

YOU ACKNOWLEDGE AND AGREE THAT YOU ARE NOT PERMITTED TO, AND YOU WILL NOT, DO OR ASSIST ANYONE ELSE IN ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY COMPONENT OF THE REWARDS PROGRAM OR OUR SERVICES AS THAT MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS (“Prohibited Conduct”). SHOULD SUCH AN ATTEMPT BE MADE, OR IN THE EVENT PARTICIPANT FAILS TO FOLLOW ANY TERMS OF THE PROGRAM OR MAKES ANY MISREPRESENTATIONS IN CONNECTION WITH THE PROGRAM, MOTIVV RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.

Motivv reserves the right to revoke, cancel or suspend participation in the Rewards Program, or any Component of the Rewards Program, or take any other action at its discretion, at any time with immediate effect and without written notice or liability to any Participant if Motivv believes the Participant has: (1) violated any of the Program Rules; (2) acted in a manner inconsistent with applicable law, regulations or ordinances; (3) engaged in any misconduct or wrongdoing in connection with the Rewards Program; (4) engaged in abusive, fraudulent, inappropriate, or hostile conduct in connection with the Rewards Program, Motivv and its employees, Motivv Partners, or any other Participant; (5) if Motivv provision of the Rewards Program and/or any associated benefits (including but not limited to Virtual Currency) is determined by Motivv to violate any applicable law to which Motivv is subject; or (6) for any other reason at Motivv sole discretion.

Motivv reserves the right, at its sole discretion, to modify these Program Rules or upgrade, enhance, change and/or modify the Rewards Program Components, including by discontinuing a Rewards Program or any aspect or feature thereof (collectively, "Modifications"). You agree that a notice of any changes by email or by means of notice on the Services is sufficient to bind you to any such Modification to become effective. Participant acknowledges that Motivv has the right to change, update, revise, limit, supplement and otherwise modify the terms of this Agreement and impose new or additional terms and conditions on Participant's use of the Account, at any time, at its discretion, with or without notice, even though such changes may affect the value of Virtual Currency or the ability to obtain Rewards. Motivv may, among other things: (i) increase or decrease the number of Virtual Currency required for a Reward; (ii) withdraw, limit, modify or cancel any Reward; (iii) restrict the continued availability of Rewards; (iv) change Reward Program benefits, Reward Third-Party Suppliers, conditions of participation, rules for earning, redeeming, retaining or forfeiting Virtual Currency, or rules governing the use of Rewards; and/or (v) change or cancel its Rewards partners. In accumulating Virtual Currency, Participants may not rely upon the continued availability of any Reward.

Changes to these Program Rules will be reflected in an updated version of these Program Rules that will be posted in the Services, and YOU ACKNOWLEDGE AND AGREE THAT ALL CHANGES WILL BE EFFECTIVE UPON SUCH POSTING. You agree to regularly review these Program Rules so that you will be apprised of all changes. You can determine when these Program Rules were last revised by referring to the "Last Updated" legend part of these Program Rules. By continuing to use the Site or any Program or Service after any notice or posting of the Modifications, you are agreeing to be bound by the Modifications and revised Program Rules.

BY PARTICIPATING IN THE REWARDS PROGRAM AND/OR RECEIVING ANY REWARD, YOU, AND ON BEHALF OF YOUR HEIRS, EXECUTORS, AND ADMINISTRATORS, AGREE TO BE BOUND BY THESE PROGRAM RULES AND BY ALL APPLICABLE LAWS AND DECISIONS OF SPONSOR, WHICH SHALL BE BINDING AND FINAL; TO WAIVE ANY RIGHTS TO CLAIM AMBIGUITY WITH RESPECT TO THESE TERMS AND CONDITIONS; TO WAIVE ALL OF YOUR RIGHTS TO BRING ANY CLAIM, ACTION, OR PROCEEDING AGAINST MOTIVV RELEASED PARTIES IN CONNECTION WITH THE SERVICES, THE REWARDS PROGRAM, OR ANY REWARDS PROGRAM COMPONENT, INCLUDING ANY REWARD, PROMOTION, AND INCENTIVE; AND TO FOREVER AND IRREVOCABLY RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE MOTIVV RELEASED PARTIES’ (AS DEFINED BELOW) FROM ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, CAUSES OF ACTION, PROCEEDINGS, DEMANDS, FINES, PENALTIES, LIABILITY COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, OUTSIDE ATTORNEYS' OR LEGAL FEES) THAT MAY ARISE IN CONNECTION WITH: (I) THE SERVICES, THE REWARDS PROGRAM, ANY REWARDS PROGRAM COMPONENT, OR ANY ACTIVITIES IN CONNECTION WITH THE SERVICES OR REWARDS PROGRAM, OR ANY REWARD, INCLUDING BUT NOT LIMITED TO YOUR PARTICIPATION OR INABILITY TO PARTICIPATE IN THE REWARDS PROGRAM OR OTHER ACTIVITY, (II) TYPOGRAPHICAL, PRINTING, AND OTHER ERRORS IN THESE PROGRAM RULES OR ANY REWARDS PROGRAM MATERIALS, (III) ANY CHANGE IN ANY REWARD (OR ANY COMPONENTS THEREOF) DUE TO UNAVAILABILITY, OR DUE TO REASONS BEYOND MOTIVV CONTROL, (IV) ANY INTERRUPTIONS IN OR POSTPONEMENT, CANCELLATION, OR MODIFICATION OF THE REWARDS PROGRAM OR ANY REWARDS PROGRAM COMPONENT, (V) HUMAN ERROR, (VI) INCORRECT OR INACCURATE TRANSCRIPTION, RECEIPT OR TRANSMISSION OF ANY ENTRY, (VII) ANY TECHNICAL MALFUNCTIONS OR UNAVAILABILITY OF THE SERVICES OR ANY TELEPHONE NETWORK, COMPUTER SYSTEM, COMPUTER ONLINE SYSTEM, COMPUTER TIMING AND/OR DATING MECHANISM, COMPUTER EQUIPMENT, SOFTWARE, OR INTERNET SERVICE PROVIDER, OR MAIL SERVICE UTILIZED BY MOTIVV, ANY OF THE MOTIVV RELEASED PARTIES OR BY YOU, (VIII) INTERRUPTION OR INABILITY TO ACCESS THE SERVICES OR ANY ONLINE SERVICE VIA THE INTERNET DUE TO HARDWARE OR SOFTWARE COMPATIBILITY PROBLEMS, (IX) ANY LOST/DELAYED DATA TRANSMISSIONS, OMISSIONS, INTERRUPTIONS, DEFECTS, AND/OR ANY OTHER ERRORS OR MALFUNCTIONS, (X) ANY LATE, LOST, STOLEN, MUTILATED, MISDIRECTED, ILLEGIBLE, DELAYED, GARBLED, CORRUPTED, DESTROYED, INCOMPLETE, UNDELIVERABLE OR DAMAGED REWARDS PROGRAM SUBMISSIONS, (XI) ANY WRONGFUL, NEGLIGENT, OR UNAUTHORIZED ACT OR OMISSION ON THE PART OF ANY OF THE MOTIVV RELEASED PARTIES OR OF ANY THIRD PARTY, (XII) LOST, LATE, STOLEN, INCORRECT, MISDIRECTED, DAMAGED OR DESTROYED REWARDS (OR ANY ELEMENT THEREOF), OR (XIII) THE NEGLIGENCE OR WILLFUL MISCONDUCT BY YOU OR OF ANY THIRD PARTY. THE “MOTIVV RELEASED PARTIES” MEANS MOTIVV AND OUR PARENTS, AFFILIATES, SUBSIDIARIES, EMPLOYEES, CONSULTANTS, CONTRACTORS, MEMBERS, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, PREDECESSORS IN INTEREST, SUCCESSORS IN INTEREST, MOTIVV PARTNERS, CLIENTS, CUSTOMERS, AND VENDORS.

MOTIVV RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE, WHETHER TO YOU OR TO ANY OTHER PERSON OR TO ANY PROPERTY, RELATED TO OR RESULTING FROM YOUR PARTICIPATION IN THE REWARDS PROGRAM, IN ANY ACTIVITY, MISSION OR CHALLENGE AND/OR THE ACCEPTANCE OR USE OF ANY REWARD. BY PARTICIPATING IN ANY MISSION, CHALLENGE, OR THE REWARDS PROGRAM, OR THE USE OF ANY REWARD, YOU EXPRESSLY ASSUME ALL LIABILITY AND RESPONSIBILITY FOR YOUR PARTICIPATION AND AGREE THAT PARTICIPATION IS SOLELY AT YOUR OWN RISK.

IN NO EVENT WILL THE MOTIVV RELEASED PARTIES’ BE LIABLE TO ANY PARTICIPANT OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THE REWARDS PROGRAM, OR YOUR RECEIPT OR USE OF A REWARD, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT YOU OR ANY OF THE MOTIVV RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE MOTIVV RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY REWARD CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM. BY PARTICIPATING IN THIS REWARDS PROGRAM, PARTICIPANT AGREES THAT THE MOTIVV RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF A REWARD (OR ITS USE), ACCESS TO AND USE OF ANY SERVICES ASSOCIATED WITH THIS REWARDS PROGRAM OR THE DOWNLOADING FROM AND/OR PRINTING OF MATERIAL DOWNLOADED FROM SUCH SITE. MOTIVV DISCLAIMS ANY LIABILITY FROM AND IN CONNECTION WITH THE SERVICES.

Some jurisdictions may not allow limitations or exclusions of liability for incidental or consequential damages or exclusion of implied warranties, so some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations.

By accepting a Reward, you agree to allow Motivv and/or Motivv designee the perpetual right to use your name, biographical information, photos and/or likeness, and statements for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered including live television, worldwide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law; if requested by Motivv, you shall provide any requested consents.

For an explanation of Motivv practices and policies relating to the collection, use, and storage of Participant personal information, please refer to Motivv Privacy Policy. The Privacy Policy is incorporated by reference into these Program Rules, and use of the Services constitutes acceptance of the Privacy Policy as well. Motivv and Motivv agents, affiliates, subsidiaries, representatives or service providers may use Participants' and/or referrals' personal information submitted with entry for purposes of reward fulfillment and/or for future marketing by Motivv, such as to notify them of a product or promotion that Motivv thinks may be of interest.

Please read these Rewards Program Terms and Conditions and/or Program Rules carefully. If you have any questions or complaints regarding the Rewards Program or any the Reward Program Components, or have any Reward related questions that are not addressed in these Program Rules, please contact us by email at support@motivvhealthstudios.com with the subject: Attn: Rewards Program

U.S. Contact Information:

Motivve Health Studios, LLC

14900 Detroit Avenue #200

Lakewood, Ohio 44107

support@motivvhealthstudios.com