Target 100

Last Updated: November 15, 2021

Welcome to the Target 100 program (the “Program”)! Please read these Terms of Service (the “Terms”) and our Privacy Policy https://target100.net/pages/privacy_policy (“Privacy Policy”) carefully because they govern your use of our website located at https://www.target100.net and any other Target 100 websites where we provide our services (collectively, the “Site”), your participation in the Program, and access to the Target100’s new membership program includes community access, exclusive LIVE with Liz events, coach-led experiences, interactive workshops, guides, worksheets and access to Beginner Course materials for a limited period of time ,

available via the Site offered by Target 100, Inc. (“Target 100”, “we”, “our” or “us”). Our Terms and Privacy Policy also include terms applicable to the products provided to you by Target 100 for use with the Program. To make these Terms easier to read, the Site and the services we provide to you, including your participation to the Program, are collectively called the “Services.”

Target 100 is not a medical organization. The information presented through or in connection with the Services is designed for educational purposes only and none of it should be construed as medical advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment. You are urged to consult a physician or other qualified health care professional before beginning a new weight loss program, including the Program, and acknowledge that the use of information provided through the Services and your participation to the Program is solely at your own risk, as further discussed in these Terms.

IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND TARGET 100 THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 17 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.

Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, you cannot use the Services.
Privacy Policy. Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use and share your information.
Changes to these Terms or the Services. We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Who May Use the Services?

You may use the Services only if (i) you are eighteen (18) years or older and capable of forming a binding contract with Target 100; (ii) you do not have any type of health condition that could render your participation to the Program dangerous; and (iii) you are not otherwise barred from using the Services under applicable law.
To participate in the Program, you’ll need to register and create an account. It’s important that you provide us with accurate, complete and current account information and keep this information up to date. If you don’t, we might have to suspend or terminate your account. Your access privileges may not be transferred by you to any third parties. To protect your account, keep the account details and password confidential, and notify us right away of any unauthorized use. You’re responsible for all activities that occur under your account.

Tracking Devices.

Delivery of Tracking Devices; Risk of Loss. As part of the Program, Target 100 will deliver tracking devices to you for use with the Program, including a Fitbit, a smart water bottle and a bluetooth scale, such devices to be chosen by Target 100 in its sole discretion (collectively, the “Tracking Devices”). Costs for the purchase of all Tracking Devices will be included in the Program Fee (as defined below). Target 100 will ship the Tracking Devices to the address indicated by you during the checkout process. Unless otherwise agreed in writing, Target 100 will pack the Tracking Devices in accordance with its standard practices and select the carrier. Title to the Tracking Devices and risk of loss will pass to you upon Target 100’s delivery of the Tracking Devices to the carrier.
Support Services; Returns. You agree to promptly contact Target 100 either by calling (973) 323-2913 or sending an email to contact@target100.net if you notice upon receipt of your Tracking Devices that these are not working or if you notice any damage to the Tracking Devices. Target 100’s support personnel will attempt to diagnose and troubleshoot the Tracking Device issue remotely by phone or email. If the support team is not able to identify or resolve the issue remotely, Target 100 will require you to ship the non-functioning Tracking Device back to Target 100 for diagnosis and/or repair and use commercially reasonable efforts to ship a replacement Tracking Device to you in a timely manner, and prior to the beginning of the Program in the event you signed up for a Program set to start on a specific date. You understand that Target 100 will offer the foregoing support services as a courtesy to you but that we’re not obligated to do so. Target 100 makes no warranties or representations whatsoever with regard to the Tracking Devices and any other products and services originating from third parties. All matters concerning the Tracking Devices, including, but not limited to, warranties, guarantees and maintenance, are solely between you and the third party. You will not consider us (and we will not be construed as) a party to such transactions, and we will not be liable for any costs or damages arising out of your use, or the use by anyone authorized by you or otherwise under your control, of the Tracking Devices.

No Medical Advice; Health Disclaimer. We urge you to consult a physician or other qualified health care professional who is familiar with your personal circumstances before participating to the Program and if you have questions regarding a medical condition, your diet, nutritional supplements or any other matter related to your health and well-being. Target 100’s personnel are not qualified to provide any medical advice or diagnosis and the information presented through the Services is not a substitute for medical treatment or advice and is not intended to be used to (i) diagnose, treat, cure, or prevent diseases; (ii) act as a guide for self-treatment; or (iii) act as a substitute for consulting with your physician. You represent and warrant that you know of no reason for which you should refrain from participating to the Program. Furthermore, you acknowledge and agree that when participating in any exercise or fitness activities and when using any fitness products, devices or services, there is the possibility of physical injury (including death), and you assume the risk and responsibility for any such occurrences. In addition, the use of any information provided through the Services is solely at your own risk. Target 100 and its coaches are not licensed medical care providers or counselors, are not providing medical diagnosis, advice or treatment, and have no expertise in advising on, diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any activity on a known or unknown medical condition. If you experience any symptoms during your participation to the Program, you should immediately stop your participation to the Program and consult a medical professional.
Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
Payments and Membership Subscriptions. Target 100 requires payment of a subscription fee for the purchase of certain membership levels (the “Program Fee”) and you agree to pay such Program Fee, including any applicable taxes and other charges. The applicable Program Fee will be as specified on the Site or via the Services on the date you place your order.

General. When you place an order with Target 100 (a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). In accordance with local law, we may update information regarding your selected payment method if provided such information by your financial institution. By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms, on the Site or via the Services. All fees and applicable taxes, if any, are payable in United States dollars. If we cannot collect fees owed by you for any reason, you remain responsible for any uncollected amounts, and we reserve the right to invoice you, which invoices are due upon receipt.
Subscriptions. If you purchase a monthly or annual subscription (“Subscription”), you will be charged the applicable monthly or annual Program Fee, plus any taxes, and other charges, at the beginning of your Subscription and each month or year thereafter, respectively, at the then-current applicable Program Fee. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE TARGET 100 TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you each month or year, depending on your subscription plan, on the anniversary of the commencement of your Subscription, using the Payment Information you have provided until you cancel your Subscription. For any annual Subscriptions, Target 100 will send you a reminder with the then-current Program Fee, no less than thirty (30) days and no more than sixty (60) days before your Subscription term ends, or otherwise in accordance with applicable law. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Target 100. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms.
Cancelling a Subscription. YOUR INITIAL MEMBERSHIP PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR PAYMENT AT ANY TIME. But if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we’ll refund any payment you have already remitted to us for such Transaction. Without limiting the foregoing, for monthly Subscriptions, you may cancel your Subscription at any time in which case your Subscription will terminate at the end of the month. For annual Subscriptions, you will not be able to cancel your current Subscription but may cancel your Subscription for the next annual period prior to the start of such annual period, in which case your Subscription will terminate at the end of your current Subscription period. IN EACH CASE, YOU UNDERSTAND THAT YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE PROGRAM FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. To cancel, you can send an email to contact@target100.net. You will be responsible for all Program Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the Services will continue until the end of your then-current Subscription period and will then terminate without further charges.

Your Content.

User Content. We may provide you with interactive opportunities through the Services, which will allow you to share content such as text (in communications with coaches), data collected via the Tracking Devices, graphics, images, audio and video. Anything (other than Feedback) that you share, submit or otherwise make available through the Services is referred to as “User Content”. Target 100 does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.
Permissions to Your User Content. By making any User Content available through the Services you hereby grant to Target 100 a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content for any purpose, whether commercial or non-commercial, without payment of any compensation to you.
Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Target 100 on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Removal of User Content. If you would like to remove your User Content, please contact us at contact@target100.net. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

Rights and Terms for Use and Access to the Services and Program Content.

Services and Program Content. Target 100 and its licensors exclusively own all right, title and interest in and to the Services and any content made available through the Services as part of the Program (“Program Content”), including all associated intellectual property rights. Subject to your compliance with these Terms, Target 100 grants you, during the Program term set forth in your order confirmation, a limited, non-exclusive, non-transferable, revocable right to use and access the Services and Program Content solely for your personal, non-commercial and educational use in connection with the Program. You acknowledge that the Services and Program Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services and Program Content. All rights not granted are expressly reserved.
General Prohibitions. You agree not to do any of the following:

Upload, submit or transmit any User Content that: (1) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; or (2) violates any applicable law or regulation;
Copy, modify, use, display, mirror, frame or create derivative works based on the Services, including any individual element within the Services, the Program Content, Target 100’s name, any Target 100 trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Target 100’s express written consent;
Access, tamper with, or use non-public areas of the Services, Target 100’s computer systems, or the technical delivery systems of Target 100’s providers;
Attempt to probe, scan or test the vulnerability of any Target 100 system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Target 100 or any of Target 100’s providers or any other third party (including another user) to protect the Services;
Deep-link to the Services or attempt to access or search the Services or download, extract, scrape, copy, monitor, or record any portion of data or content from the Services manually or using any engine, automated program, software, tool, agent, device or mechanism (including spiders, robots, crawlers, extraction software, data mining tools, methods of screen scraping, or the like) other than the software and/or search agents provided by Target 100 or other generally available third-party web browsers;

Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a Target 100 trademark, logo URL or product name without Target 100’s express written consent;

Distribute, transfer, sublicense, lease, lend or rent the Services and Program Content to any third party or use the Services or Program Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Program Content to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services (unless applicable law permits, despite this limitation), in whole or in part;

In any way use, or use any means to gain access to, the Services or Program Content for benchmarking or competitive analysis with respect to competitive or related products or services, or to develop, commercialize, license or sell any product, service or technology that could, directly or indirectly, compete with the Services;

Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.

Links to Third Party Websites or Services. The Services may allow you to access third-party websites or other resources via the Site. In addition, to access some of our Services or to enable certain expanded functionality, you may be required to link an account on a third-party website, application, or platform, such as FitBit, HidrateSpark, and Renpho, etc. (each a “Third-Party Platform”), to use the Tracking Devices provided to you in connection with your participation in the Program. Your use of these Third-Party Platforms are subject to (and you agree to be bound by) the applicable third-party terms, including FitBit's Terms of Service, HidrateSpark’s Terms of Service, Renpho’s Terms of Use, and the terms for any other third party services which you may be required to use/access/pair to your Target 100 account to be able to participate in the Program or otherwise use the Services. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to and are not responsible for such Third-Party Platforms, third-party websites or other resources, or their content, products or services. You acknowledge sole responsibility for and assume all risk arising from, your use of any Third-Party Platforms, third-party websites or services.
Termination. We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at contact@target100.net. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 6, 8(a), 8(b), 8(c) (only for payments due and owing to Target 100 prior to the termination), 9(b), 9(c), 10, 12, 13, 14, 15, 16, 17 and 18.
Warranty Disclaimers.THE SERVICES AND PROGRAM CONTENT ARE PROVIDED ON AN “AS IS,” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY PRODUCTS MANUFACTURED BY A THIRD PARTY, INCLUDING THE TRACKING DEVICES. WITHOUT LIMITING THE FOREGOING, to the extent permitted by law, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, ANY TRACKING DEVICE OR ACCESS TO THE PROGRAM CONTENT OR INFORMATION PROVIDED THEREIN, OR THAT THE SERVICES, ANY TRACKING DEVICE OR PROGRAM CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR PROGRAM CONTENT PROVIDED THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THESE TERMS. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES OR ANY TRACKING DEVICE IS DONE AT YOUR SOLE RISK, YOU ASSUME ALL LIABILITY IN CONNECTION WITH YOUR USE OF THE SERVICES AND TRACKING DEVICES, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL HAVE NO LIABILITY TO YOU BASED ON YOUR USE OF THE SERVICES AND TRACKING DEVICES, INCLUDING, WITHOUT LIMIATION, IN THE EVENT OF ANY PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE THAT MAY RESULT FROM SUCH USE.
Indemnity. You will indemnify and hold Target 100 and its officers, directors, employees and agents, harmless from and against any claims, actions, disputes, demands, liabilities, damages, losses, penalties, fines, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with: (a) your access to or use of the Services, (b) your User Content, or (c) your violation of these Terms.
Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER TARGET 100 NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES AND PROGRAM CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES AND PROGRAM CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TARGET 100 OR ITS SERVICE PROVIDERS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, IN NO EVENT WILL TARGET 100’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES AND PROGRAM CONTENT EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO TARGET 100 FOR USE OF THE SERVICES.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TARGET 100 AND YOU.

Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of New Jersey, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 17 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Target 100 are not required to arbitrate will be the state and federal courts located in Essex County, New Jersey, and you and Target 100 each waive any objection to jurisdiction and venue in such courts.
Dispute Resolution.

Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding.
Exceptions. As limited exceptions to Section 17(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.

Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
Injunctive and Declaratory Relief. Except as provided in Section 17(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
Class Action Waiver. YOU AND TARGET 100 AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
Severability. With the exception of any of the provisions in Section 17(f) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

General Terms.

Publicity. You will not publicize or post on social media about your participation in the Program, nor will you use Target 100’s name, trademarks, or tradenames without our prior written consent.
Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Target 100 and you regarding the Services, and these Terms supersede and replace all prior or contemporaneous oral or written understandings or agreements between Target 100 and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Target 100’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Target 100 may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices. For contractual purposes, you: (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Any notices or other communications provided by Target 100 under these Terms will be given: (i) via email; or (ii) by posting to the Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
Waiver of Rights. Target 100’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Target 100. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact Information. If you have any questions about these Terms or the Services, please contact Target 100 at contact@target100.net; (973) 323-2913; and/or Target 100, Inc., 231 Prospect Street, South Orange NJ 07079.