Agreement between User and www.mizahealth.com 

Welcome to www.mizahealth.com. The www.mizahealth.com website (the “Site”) is comprised  of various web pages operated by Miza Health. www.mizahealth.com is offered to you  conditioned on your acceptance without modification of the terms, conditions, and notices  contained herein (the “Terms”). Your use of www.mizahealth.com constitutes your agreement to  all such Terms. Please read these terms carefully and keep a copy of them for your reference.  

www.mizahealth.com is an E-Commerce Site.  

At Miza Health we provide a guided and individualized weight management program based on  your patterns, preference, and lifestyle. Our distinctive program is based on our understanding of  behavioral medicine and change processes.  

Privacy 

Your use of www.mizahealth.com is subject to Miza Health’s Privacy Policy. Please review our  Privacy Policy, which also governs the Site and informs users of our data collection practices.  

Electronic Communications 

Visiting www.mizahealth.com or sending emails to Miza Health constitutes electronic  communications. You consent to receive electronic communications and you agree that all  agreements, notices, disclosures and other communications that we provide to you electronically,  via email and on the Site, satisfy any legal requirement that such communications be in writing.  

Your Account 

If you use this site, you are responsible for maintaining the confidentiality of your account and  password and for restricting access to your computer, and you agree to accept responsibility for  all activities that occur under your account or password. You may not assign or otherwise  transfer your account to any other person or entity. You acknowledge that Miza Health is not  responsible for third party access to your account that results from theft or misappropriation of  your account. Miza Health and its associates reserve the right to refuse or cancel service,  terminate accounts, or remove or edit content in our sole discretion.  

Children Under Thirteen 

Miza Health does not knowingly collect, either online or offline, personal information from  persons under the age of thirteen. If you are under 18, you may use www.mizahealth.com only  with permission of a parent or guardian.  

Cancellation/Refund Policy 

Due to the individualized services that Miza Health provides, we follow strict cancellation  policies. Cancellation requests received within 24 hours of the initial subscription request, will  be fully refunded. Cancellation requests made after 24 hours of the initial subscription request  and prior to the delivery of the individualized plan will incur a 40% cancellation fee. No refunds  will be issued after the delivery of the individualized plan. 

Links to Third Party Sites/Third Party Services 

www.mizahealth.com may contain links to other websites (“Linked Sites”). The Linked Sites are  not under the control of Miza Health and Miza Health is not responsible for the contents of any  Linked Site, including without limitation any link contained in a Linked Site, or any changes or  updates to a Linked Site. Miza Health is providing these links to you only as a convenience, and  the inclusion of any link does not imply endorsement by Miza Health of the site or any  association with its operators.  

Certain services made available via www.mizahealth.com are delivered by third party sites and  organizations. By using any product, service or functionality originating from the  www.mizahealth.com domain, you hereby acknowledge and consent that Miza Health may share  such information and data with any third party with whom Miza Health has a contractual  relationship to provide the requested product, service or functionality on behalf of  www.mizahealth.com users and customers.  

No Unlawful or Prohibited Use/Intellectual Property  

You are granted a non-exclusive, non-transferable, revocable license to access and use  www.mizahealth.com strictly in accordance with these terms of use. As a condition of your use  of the Site, you warrant to Miza Health that you will not use the Site for any purpose that is  unlawful or prohibited by these Terms. You may not use the Site in any manner which could  damage, disable, overburden, or impair the Site or interfere with any other party’s use and  enjoyment of the Site. You may not obtain or attempt to obtain any materials or information  through any means not intentionally made available or provided for through the Site.  

All content included as part of the Service, such as text, graphics, logos, images, as well as the  compilation thereof, and any software used on the Site, is the property of Miza Health or its  suppliers and protected by copyright and other laws that protect intellectual property and  proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,  legends or other restrictions contained in any such content and will not make any changes  thereto.  

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create  derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.  Miza Health content is not for resale. Your use of the Site does not entitle you to make any  unauthorized use of any protected content, and in particular you will not delete or alter any  proprietary rights or attribution notices in any content. You will use protected content solely for  your personal use, and will make no other use of the content without the express written  permission of Miza Health and the copyright owner. You agree that you do not acquire any  ownership rights in any protected content. We do not grant you any licenses, express or implied,  to the intellectual property of Miza Health or our licensors except as expressly authorized by  these Terms.  

International Users 

The Service is controlled, operated and administered by Miza Health from our offices within the  USA. If you access the Service from a location outside the USA, you are responsible for  compliance with all local laws. You agree that you will not use the Miza Health Content 

accessed through www.mizahealth.com in any country or in any manner prohibited by any  applicable laws, restrictions or regulations.  

Indemnification 

You agree to indemnify, defend and hold harmless Miza Health, its officers, directors,  employees, agents and third parties, for any losses, costs, liabilities and expenses (including  reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or  services, any user postings made by you, your violation of any terms of this Agreement or your  violation of any rights of a third party, or your violation of any applicable laws, rules or  regulations. Miza Health reserves the right, at its own cost, to assume the exclusive defense and  control of any matter otherwise subject to indemnification by you, in which event you will fully  cooperate with Miza Health in asserting any available defenses.  

Arbitration 

In the event the parties are not able to resolve any dispute between them arising out of or  concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or  otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved  only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a  single neutral arbitrator and administered by the American Arbitration Association, or a similar  arbitration service selected by the parties, in a location mutually agreed upon by the parties. The  arbitrator’s award shall be final, and judgment may be entered upon it in any court having  jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of  or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs  and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to  these Terms and Conditions or any disputes arising as a result of these Terms and Conditions,  whether directly or indirectly, including Tort claims that are a result of these Terms and  Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and  enforcement of this provision. The entire dispute, including the scope and enforceability of this  arbitration provision shall be determined by the Arbitrator. This arbitration provision shall  survive the termination of these Terms and Conditions.  

Class Action Waiver 

Any arbitration under these Terms and Conditions will take place on an individual basis; class  arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE  THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S  INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY  PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH  AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE  OTHER. Further, unless both you and Miza Health agree otherwise, the arbitrator may not  consolidate more than one person’s claims and may not otherwise preside over any form of a  representative or class proceeding.  

Liability Disclaimer 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR  AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR  TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE 

INFORMATION HEREIN. MIZA HEALTH AND/OR ITS SUPPLIERS MAY MAKE  IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.  

MIZA HEALTH AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE  SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF  THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS  CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT  PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE,  PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT  WARRANTY OR CONDITION OF ANY KIND. MIZA HEALTH AND/OR ITS SUPPLIERS  HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS  INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,  INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,  FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT  SHALL MIZA HEALTH AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,  INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY  DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR  LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED  WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY  TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO  PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,  SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR  OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON  CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF  MIZA HEALTH OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE  POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT  ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR  INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF  YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF  THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE  USING THE SITE.  

Termination/Access Restriction  

Miza Health reserves the right, in its sole discretion, to terminate your access to the Site and the  related services or any portion thereof at any time, without notice. To the maximum extent  permitted by law, this agreement is governed by the laws of the State of Delaware, and you  hereby consent to the exclusive jurisdiction and venue of courts in Delaware in all disputes  arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction  that does not give effect to all provisions of these Terms, including, without limitation, this  section.  

You agree that no joint venture, partnership, employment, or agency relationship exists between  you and Miza Health as a result of this agreement or use of the Site. Miza Health’s performance  of this agreement is subject to existing laws and legal process, and nothing contained in this 

agreement is in derogation of Miza Health’s right to comply with governmental, court and law  enforcement requests or requirements relating to your use of the Site or information provided to  or gathered by Miza Health with respect to such use. If any part of this agreement is determined  to be invalid or unenforceable pursuant to applicable law including, but not limited to, the  warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable  provision will be deemed superseded by a valid, enforceable provision that most closely matches  the intent of the original provision and the remainder of the agreement shall continue in effect.  

Unless otherwise specified herein, this agreement constitutes the entire agreement between the  user and Miza Health with respect to the Site and it supersedes all prior or contemporaneous  communications and proposals, whether electronic, oral or written, between the user and Miza  Health with respect to the Site. A printed version of this agreement and of any notice given in  electronic form shall be admissible in judicial or administrative proceedings based upon or  relating to this agreement to the same extent and subject to the same conditions as other business  documents and records originally generated and maintained in printed form. It is the express  wish to the parties that this agreement and all related documents be written in English.  

Changes to Terms 

Miza Health reserves the right, in its sole discretion, to change the Terms under which  www.mizahealth.com is offered. The most current version of the Terms will supersede all  previous versions. Miza Health encourages you to periodically review the Terms to stay  informed of our updates.  

Contact Us 

Miza Health welcomes your questions or comments regarding the Terms:  

Miza Health  

1009 Glenoaks Blvd.  

San Fernando, California 91340  

Email Address:  

info@mizahealth.com  

Telephone number:  

510-905-6492  

Effective as of September 23, 2022