Terms and Conditions for Membership and Services.

Thank you for deciding to choose desiremyHEART.com Inc., dating network in Alberta, (“DMYH”) as your dating provider to help find your mate. This outline Service Agreement (“Agreement”) contains the terms and conditions of desiremyHEART, defined below and governs the relationship between you and desiremyHEART. Your Agreement with desiremyHEART consists of this Dating Service Agreement, information contained on desiremyHEART’s website, and the current terms of service, promotion, and/or authorized written communication you have received from DMYH Alberta, Canada.


A. You are responsible for complying with the terms and conditions of this Agreement. You are responsible for assuring that all others using your service comply with the terms and conditions of this Agreement. You may not use Desire myHEART Inc. services for any unlawful purpose. B. You are responsible for payment of all charges for services furnished to you by Desire myHEART Inc. including but not limited to: the monthly membership service charges and all other services fees that you may incur. You agree to pay all applicable rates and charges for such services, which includes rates and charges for monthly fees and/or minimum charges, taxes and other surcharges. You are responsible for preventing unauthorized use of your services, and you are responsible for payment of any such unauthorized use. Your responsibility for payment is not affected by any use or misuse of your service by any third parties. In particular and without limitation, you are responsible for any and all charges incurred as a result of the use of your Online Dating Service. C. You are responsible for paying all taxes and other surcharges billed in connection with your services. Unless you can adequately document to Desire myHeart satisfaction, that you are exempt, taxes and surcharges will be assessed in the amounts that federal, provincial or local authorities require Desire myHEART Inc. to bill you.


For Albert, and or any where DMYH are able to conduct their Services: Your Rights Under the Consumer Protection Act 2002 You may cancel this Agreement at any time during the period that ends ten (10) days after the day you receive a written or email copy of the Agreement. You do not need to give the Agency a reason for cancelling during this 10-day period. If the Agency does not make appointment to set up your profiling and preference within thirty (30) days after the membership date specified in this Agreement or if the Agency does not begin performance of his, her or its obligations within thirty (30) days after the commencement date specified in this Agreement, you may cancel this Agreement at any time before Service or commencement of performance. You lose the right to cancel if, after the 30-day period has expired, you agree to accept services or authorize commencement of performance. If the delivery date or commencement date is not specified in this Agreement and the Agency does will not provide service or commence performance within 30 days after the date this Agreement is entered into, you may cancel this Agreement at any time before services or commencement of performance. You lose the right to cancel if, after the 30-day period has expired, you agree to accept service or authorize commencement of performance. In addition, there are other grounds that allow you to cancel this Agreement. You may also have other rights, duties and remedies at law. For more information, you may contact the Ministry of Consumer and Business Services. To cancel this Agreement, you must give notice of cancellation to the Agency, at the address set out in the Agreement, by any means that allows you to prove the date on which you gave notice. If no address is set out in the Agreement, use any address of the Agency that is on record with the provincial government or the Government of Canada or is known by you. If you cancel this Agreement, the Agency has fifteen (15) days to refund any payment you have made and return to you all goods delivered under a trade-in arrangement (or refund an amount equal to the trade-in allowance). However, if you cancel this Agreement after having solicited the goods or services from the Agency and having requested that service be made or performance be commenced within ten (10) days after the date this Agreement is entered into, the supplier is entitled to reasonable compensation for the goods and services that you received before the earlier of the 11th day after the date this Agreement was entered into and the date on which you gave notice of cancellation to the Agency, except goods that can be repossessed by or returned to the Agency. For Alberta, British Columbia, Manitoba, Quebec, New Brunswick, Newfoundland and Labrador, Nova Scotia, Prince Edward Island, and Saskatchewan.


You may cancel this contract from the day you enter the contract until 10 days after you receive a copy of this statement of cancellation rights. You do not need a reason to cancel. If you do not receive the goods or services within thirty (30) days of the date stated in the contract, you may cancel this contract within one year of the contract date. You lose that right if you accept Match, or events after thirty (30) days. There are other grounds for extended cancellation. For more information, you may contact your provincial/territorial consumer affairs office. If you cancel this contract, the seller has 15 days to refund your money and any trade-in, or the cash value of the trade-in. You must then terminate your membership. To cancel, you must give notice of cancellation at the address in this contract. You must give notice of cancellation by a method that will allow you to prove that you gave notice, including registered mail, fax, or by personal delivery


PLEASE NOTE: If you decide to cancel your service with Desire myHEART Inc., you should make arrangements to do so right away. Failure to do so could result in continuation of your membership services.


DMYH Service is comprised of traditional dating and online visual communication via only visual camera (accompanied by certain related services such as electronic mailboxes and Web space) and certain basic telephone assistance. The Guide sets forth in more detail the various service offerings and features available under the dersiremyHEART online and face to face dating Services. DMYH Alberta, Canada may extend from time to time certain promotional offerings and Customer understands it must sign a promotion addendum to this Agreement in order to be eligible for such promotional offerings Service will generally be completed by Customer’s own interest and completion of certain conditions, including the appropriate events. Any service provided to the member in connection with the Online Dating Service may have been previously profiled but will have been certified by the Agency as being match to the members’ preference to the match chosen by the member, and will be deemed accepted by the client.


Desire myHEART may change the rates, charges, terms and conditions of your service every thirty (30) days with thirty (30) days advance notice, as set forth in this Agreement and as posted on www.mydesiremyheart.com or communicated via bill message or bill insert. Desire myHEART also reserves the right to discontinue certain services. Any such changes will be posted on Desire myHEART website or communicated via bill message or bill insert prior to the effective date of the change, and any such future changes are hereby incorporated by reference into this Agreement. Desire myHEART may decrease the rates and charges for its services without any advance notice. Any increase in the rates and charges for your service will become effective only after Desire myHEART notifies you thirty (30) days in advance of the change in a manner described above. Desire myHEART will not provide you with advance notice of changes to taxes and surcharges, except as required by applicable law. B. If you continue to subscribe to, use or pay for Desire myHEART services after any changes in the rates, charges, terms and conditions of services, you agree to such changes by such use, as allowed by law.


You give Desire myHEART Inc. permission to obtain your credit information from consumer credit reporting agencies at any time for the purposes of verifying your identity and to obtain any credit or other information required to confirm your identity and credit acceptability so that Desire myHEART Inc. may provide you with access to creating an online dating profile for your services. If your payment history is not acceptable or is unknown or indeterminable to Desire myHEART Inc., Desire myHEART Inc. may require you to provide some form of security to obtain its services. Security may be provided in the form of an Automatic Bill Payment (ABP), where a customer provides Desire myHEART Inc. written authorization to PayPal account for charges incurred. Other forms of security may be accepted at Desire myHEART Inc. sole discretion. Desire myHEART Inc. determines security requirements based on the following criteria: New Applicants – If an applicant cannot provide evidence of a recent, satisfactory payment history with a telephone utility under the applicant’s name, or a credit review reasonably determines that applicant represents a credit risk, a form of security may be required. Existing Customers – An existing customer may be required to secure their account if they have been delinquent in payment of their account more than twice within a twelve month period or have been suspended or terminated for non-payment once within a twelve month period.


Desire myHEART Inc. determines the design and the format of the bill. We will also determine the billing period. We may change both the format and the billing period from time to time and without notice to you. All charges, fees, taxes, and surcharges are billed in advance meaning that these charges for services will normally be collected in advance of the of the billing period. When you initially subscribe for your service, Desire myHEART Inc. will charge then for the first month of service(s) and make any necessary adjustment on the first or subsequent invoice, prorating the monthly recurring charges based on the actual membership date. We will bill on a month to month, and events match service charges at the point of services. B. You must notify Desire myHEART Inc. of any change in your invoicing address, or if applicable, in the credit card or PayPal account used for payment, by calling or writing to Desire myHEART Inc. Customer Service. Please include your account number with any correspondence. C. Desire myHEART Inc. Billing adjustments policy: If it is determined that you were overcharged for services, appropriate credits shall be posted to your account. These credits are not redeemable for cash. If it is determined that you were undercharged for services, or that we failed to bill for service, you may be back-billed for the amount that was under billed. Service may be cancelled if you fail to pay charges arising from the under billing. D. Complaint and dispute resolution: If you have questions or concerns about your bill from Desire myHEART Inc., please call Desire myHEART Customer Service. DesiremyHEART Inc. will not cancel your service for failure to pay any disputed charges until we determine that the charges are accurate. However, you are obligated to pay any undisputed portion of your bill in a timely manner and normal collection policies will apply to any undisputed amounts.


You may cancel any or all services provided by Desire myHEART Inc. by contacting Desire myHEART Customer Service verbally or in writing at any time. Desire myHEART Inc will hold you responsible for payment of all charges, including fixed fees, surcharges and other charges, which accrue up to the cancellation date, in addition to applicable termination charges. As stated in Section 7A, monthly recurring charges are charged in full as of the first day of a billing cycle and will not be pro-rated if service is disconnected prior to the end of that billing period. Additionally, you will be responsible for any usage-based charges and any applicable termination penalties. B. Upon five (5) days written notice to you, Desire myHEART Inc. may terminate your service for: (i) non-payment of undisputed charges, including late fees and other charges; (ii) noncompliance with or violation of any provincial, municipal, or federal law, ordinance or regulation pertaining to Desire myHEART service; or (iii) non-compliance with or violation of the terms and conditions of this Agreement. (iv). Since you would have paid for the Services you are terminating in advance up to the next billing cycle date, no credit or refund will be payable in respect of such terminated Services and you will remain responsible to pay any charges due and payable as of the date of termination. C. Desire myHEART reserves the right to discontinue service, without prior notice, when necessitated by conditions beyond its control.


Desire myHEART.com Inc. may refuse or discontinue your Service without prior notice: (i) in the event you, or any authorized or unauthorized users, use the Service in such a manner as to adversely affect Desire myHEART.com Inc. services to others; (ii) in the event of tampering with the services of Desire myHEART.com Inc.; (iii) in the event of fraudulent use of service (Desire myHEART.com Inc. may, before restoring service discontinued for fraudulent use, require Customer to pay an amount reasonably estimated as the loss in revenues resulting from such fraudulent use) and (iv) by reason of an order or decision of a court or other government authority having jurisdiction that prohibits Desire myHEART Inc. from furnishing such services.


Overview: Desire myHEART Inc. Network is committed to protecting the privacy of our customer information. We fully support the spirit and intent of Canada’s privacy legislation - The Personal Information Protection and Electronic Documents Act (PIPEDA). Although Desire myHEART.com Inc will always have information protection policies and procedures in place, the purpose of this document is to provide our Customers with information on our current policies and procedures. In particular, this document will provide information about Desire myHEART.com Inc. policy relating to the collection, use and disclosure of personal information and of our customer’s right to limit such collection, use or disclosure. Personal information is any information that is identifiable about you, that may include information such as, but not limited to, your name, mailing or e-mail addresses, phone numbers, identification numbers, credit card numbers, and banking information. All personal information relating to our customers is maintained in strict confidence by Desire myHEART Inc. and is not sold to third parties. You may have questions as you read this document. For further information about Desire myHEART Inc. or the protection of personal information, please contact Desire myHEART Inc’s Privacy Officer at Desire myHEART Inc, 91 Copperstone Gate SE, Calgary, AB T2Z 4S2 Attention: Privacy Officer, or by e-mail at privacyofficer@desiremyheart.com, or by telephone at 1-888-000-0000. Our privacy policies and procedures are subject to change. For the most recent version of this Privacy Policy, please check our website: www.mydesiremyheart.com Accountability: Desire myHEART Inc. has appointed its Privacy Officer as the person who will be primarily responsible for Desire myHEART Inc.’s policies and procedures governing the protection of personal information. Our Privacy Officer may be reached at: Desire myHEART Inc., 91 Copperstone Gate SE; Calgary, Alberta T2Z 4S2 Attention: Privacy Officer, or by e-mail at privacyofficer@desiremyheart.com, or by telephone at 1-888-000-0000. Identifying Purposes: Desire myHEART Inc. collects personal information for a variety of purposes including processing your request for services from Desire myHEART Inc. Personal information is used to verify process and administer your match and services requests, assess credit-worthiness, maintain our personal relationship with you, and analyze, understand and respond to your service needs. Desire myHEART Inc. also analyses and uses customer information to better improve the Services that we offer to our Customers. We analyze personal information relating to you in order to identify the match and services offered by our affiliates or ourselves, and to offer you those match and services. Where a third party or an affiliate of Desire myHEART Inc. has a product or service that may be of interest to you, we will forward information relating to any such match or service to you, unless you inform us otherwise, i.e. when you withdraw your consent to receive such information. Personal information is also used in order to communicate with you, for billing and provisioning purposes, and to enable Desire myHEART Inc. to accurately report back to the credit bureaus. Generally, these purposes will be disclosed to you before your personal information is collected, e.g. on the Letter of Authorization (LOA) form Desire myHEART Inc. does not sell, rent or lease personal information to third parties. From time to time, Desire myHEART Inc. may outsource certain account processing, or other Customer Service functions to an affiliated company or a third party. In such cases, personal information will be provided to such affiliate or third party. However, Desire myHEART Inc. releases personal information only where that information will be maintained in confidence, based upon strict nondisclosure agreements with the third party. In the event that an affiliate or third party is located in the United States, your information may be processed and stored in the United States and as such, your information may be obtained by the governments, courts or law enforcement or regulatory agencies of the United States according to the federal and state laws of the United States. From time to time, Desire myHEART Inc. is also required to report to regulatory bodies or to present a summary of all our customer information, including your personal information, in statistical or analytical form to governmental authorities and industry organizations. When information is provided in statistical or analytical form, this means that information that might specifically identify you will not be disclosed. Instead, your information will be compiled into aggregate (i.e. group) form such that the user cannot identify or extract out your personal information. As you know, Desire myHEART Inc. offers its match and services through a network of Independent Representatives to whom you may have already given personal information. Desire myHEART Inc. Independent Representatives are bound to observe the confidentiality of your personal information and have agreed to comply with Desire myHEART Inc.’s privacy policy. Our Independent Representatives are also provided with information relating to your use of Desire myHEART Inc. match and services in connection with the commissions they receive on customer usage of Desire myHEART Inc. match and services. Consent: The knowledge and consent of a customer is required for the collection, use or disclosure of personal information, except where inappropriate. Examples of when this may occur, include but are not limited to, emergency situations, to prevent an illegal act, complying with a subpoena or warrant, or as required by law. Consent is obtained either orally or in writing prior to collection, using or disclosing your personal information. Desire myHEART In. will determine the appropriate form of consent having regard to the nature and sensitivity of the information to be collected, used or disclosed. For example, Desire myHEART Inc. will seek explicit consent for more sensitive information, such as your bank account information, but may use implicit consent by asking you to tell us if you do not wish to receive information about our new products. Customers may withdraw consent to the collection, use and disclosure of information at any time by contacting our Privacy Officer. However, the withdrawal of consent to the collection, use and disclosure of information may affect Desire myHEART Inc.’s ability to offer or provide, or to continue to offer or provide products or services to you. All requests for membership, match service or other events with Desire myHEART Inc. require either a signed Letter of Authorization or phone order verification prior to Desire myHEART Inc. proceeding in any investigation, including the obtaining of credit information. As indicated in the Identifying Purposes section, the conditions of applying for service with Desire myHEART Inc. are specifically addressed on all Letter of Authorization (LOA). When you apply for membership Desire myHEART Inc. we also need to use personal information for the purposes of facilitating the provision of service to you and for the purposes set out above. Limiting Collection: The type of personal information that is collected may include: • The Customer’s correspondence language preference, first, middle initial and last name, full mailing address, date of birth, height, weight, income, credit card number. • Banking information to facilitate pre-authorized, or other, payments. • Information that will assist and enable Desire myHEART Inc to obtain a credit file, and report applicable credit information, from and to the established credit reporting agencies in Canada. The personal information collected is limited to information that is necessary for the purposes identified above. Additionally, this information enables Desire myHEART Inc. to accurately report back to the credit bureaus, ensuring the credit reporting is applicable to the correct customer. Information that specifically would identify you, such as a date of birth, is also necessary in order to ensure that when we contact a credit bureau, we properly identify you. Limiting Use, Disclosure and Retention: Desire myHEART Inc.’s use of personal information will be only for the purposes listed above and, in particular, in order to facilitate the provision of services to you, for identifying, credit decision reporting and if required, the collection of any outstanding amounts for services rendered. Information provided by Desire myHEART Inc. to affiliates, vendors or suppliers is provided under a contractual agreement that the information will be held in confidence, protected, and properly safeguarded according to the standards of Desire myHEART Inc.’s privacy policy. Personal information relating to customers may be shared with, and used or analyzed by, between or among Desire myHEART Inc.’s parent, affiliates and authorized agents and Independent Representatives with whom Desire myHEART Inc. has entered into a commercial agreement in order to develop our business, better serve our customers and with third parties for certain account processing matters. Information may also be disclosed in connection with Desire myHEART Inc.’s corporate transactions or business. In each case, however, Desire myHEART Inc. will take steps to ensure the organization receiving the personal information will use and disclose the personal information for purposes to which you have consented and in a manner consistent with this policy. Desire myHEART Inc. provides commissions to Independent Representatives in accordance with Desire myHEART Inc.’s marketing plan. Personal information relating to customers may be provided in connection with Desire myHEART Inc.’s commissioning process. Retention: Your personal information will be retained either in a file titled with your name at 134 Auburn Sound View SE; Calgary, Alberta T3M 0E1 2. Desire myHEART Inc. retains personal information for only as long as necessary in order to meet the purposes for which the information was collected or for legal purposes. When personal information is no longer required, that information will be destroyed, erased, or made anonymous.


Desire myHEART Inc. will continually strives to maintain as high a level of accuracy as is reasonably achievable. You have the right to request a change to your personal information records where you can establish that the record is inaccurate. Personal information is typically only updated in cases where we receive updated personal information from a Customer or where required for business, financial reporting, credit reporting or other related purposes. In each case, Desire myHEART Inc. will update the information in our system upon receipt and verification, if necessary. Safeguards: We have implemented physical, organizational, contractual and technological security measures to protect your personal information from loss or theft, unauthorized access disclosure, copying, use, or modification. Access to personal information within our computer system is available to all of our employees for the specific purpose of enabling us to properly service our customers and in connection with the purposes set out above. All employees (current and new) are required to sign a confidentiality of information agreement and are regularly reminded that personal information may not be disclosed except in accordance with this policy. Personal information in hard copy (paper) form (such as a LOA) is held securely within Desire myHEART Inc. Access to Desire myHEART Inc.’s file storage room is granted to only a limited number of individuals who are also required to maintain the security of Desire myHEART Inc.’s files. Openness: Desire myHEART Inc. would be pleased to discuss this policy, and the steps that Desire myHEART Inc. has taken in order to ensure the protection of personal information. All customer inquiries should be directed to: Desire myHEART Inc., Attention: Privacy Officer, or by e-mail at privacyofficer@desiremyheart.com, or by telephone at 1-888-000-0000. Individual Access: Requests for access to personal information should be forwarded, in writing, to the attention of the Desire myHEART Inc. Privacy Officer. As Desire myHEART Inc. carefully protects all personal customer information, requests for access must be accompanied by proof of identify. In the event the information provided is not sufficient to verify the identity of the person who has requested the information, our staff may require additional information to verify that access to personal information is only given to persons who are entitled to receive it. Desire myHEART Inc. may, for example, require information such as examples of telephone numbers the Customer would have recently called, recent payments made to Desire myHEART Inc. and other relevant information as may be necessary. Upon access, you may challenge the accuracy or completeness of the record. Disputes or concerns associated with access to personal information will be forwarded to Desire myHEART Inc.’s Privacy Officer for review and resolution. Challenging Compliance: Should any individual, or members of DesiremyHEART Inc. wish to challenge our compliance with respect to PIPEDA or DesiremyHEART Inc.’s measures to address the security of personal information, please contact the DesiremyHEART Inc. Privacy Officer in writing at DesiremyHEART, DesiremyHEART Inc. 134 Auburn Sound View SE; Calgary, Alberta T3M 0E1or by e-mail at privacyofficer@desiremyheart.com.com, or by telephone at 1-888-000- 0000. Desire myHEART Inc.’s complaint resolution procedures will be made available upon request. Should you have any questions with respect to the DesiremyHEART Inc. privacy policy or if you do not consent to, or would like to limit, the manner in which information about you is collected, used or disclosed, or to withdraw your consent, please contact the DesiremyHEART Inc. Privacy Officer in writing at DesiremyHEART inc. 134 Auburn Sound View SE; Calgary, Alberta T3M 0E1, or by e-mail at privacyofficer@desiremyheart.com, or by telephone at 1-888-000-0000 13. LIMITATION OF LIABILITY INDEMNIFICATION AND NO WARRANTY A. Desire myHEART Inc.’s liability for damages arising out of mistakes, omissions, delays, errors, in matching, which occur in the course of services, will be limited to an amount equivalent to the proportionate charge to you, but in no event shall exceed $100, for the period during which the faults when the match occur. B. Desire myHEART Inc. will not be liable for any claim or loss, expense or damage (including indirect, special or consequential damage), for any match that did not work out, or dating coral events in any service provided, if caused by any person or entity other than Desire myHEART Inc., by any Function of any service or facility provided by any other carrier or vendor, by an Act of God, natural disaster, fire, war, civil disturbance, or act of government, or by any other cause beyond Desire myHEART Inc.’s direct control. C. Desire myHEART Inc. will not be liable to you for any indirect, special, incidental, consequential, exemplary, or punitive loss or damage of any kind, or for lost profits or revenues, by reason of any act or omission in Desire myHEART Inc.’s performance under this Agreement. This provision shall survive the termination of this Agreement. D. Desire myHEART Inc. shall not be liable for any claim, loss or refund as a result of loss or theft of Personal Identification Numbers issued for use with Desire myHEART Inc.’s services. E. With respect to the provisioning of, or any error or omission in, data, information, or content furnished in matching with any service provided by Desire myHEART Inc., Desire myHEART Inc.’s liability, if any, is limited to the lesser of: (i). the amount of actual money damages proven by you to have been incurred as the proximate result of your reliance on such data, information, or content; or (ii). $100 F. Desire myHEART Inc. will not be liable for any act or omission of any other company or companies furnishing a portion of the service, or from any act or omission of a third party, including those vendors participating in Desire myHEART Inc.’s offerings made to you, or for damages associated with service, match, or dating coral events that it does not work out, that are interconnected with Desire myHEART Inc.’s services. G. Indemnification: With respect to any other claim or suit by others, you agree to indemnify, defend, and hold harmless Desire myHEART Inc. against claims, losses or lawsuits arising from your use of Desire myHEART Inc. services, including: (i) allegations or claims of libel, slander, invasion of privacy, and/or infringement of copyright arising directly or indirectly from the material transmitted by use of Desire myHEART Inc. services; and (ii) all other allegations or claims arising out of any act or omission by you in connection with Desire myHEART Inc. services. Indemnification shall not apply to any such claims based on Desire myHEART Inc. wilful misconduct or gross negligence. This provision shall survive the termination of this Agreement. H. No Warranties or Conditions: Desire myHEART Inc. makes no express or implied warranties about its services, and disclaims any implied warranties or conditions, including but not limited to implied warranties or conditions of merchantability or fitness for a particular purpose or use, to the extent permitted by applicable law. Desire myHEART Inc. does not authorize anyone to make warranties on Desire myHEART Inc. behalf, so you may not rely on any statement of warranty as a warranty by Desire myHEART Inc.


PLEASE READ THIS SECTION OF THE AGREEMENT CAREFULLY, AS IT PROVIDES FOR THE RESOLUTION OF MOST DISPUTES THROUGH BINDING ARBITRATION. YOU WILL CONTINUE TO HAVE CERTAIN RIGHTS TO SEEK RELIEF FROM AN APPROPRIATE GOVERNMENTAL REGULATORY AGENCY. All disputes arising out of or in connection with this Agreement, or in respect of any legal relationship associated with or derived from this Agreement, shall be arbitrated and finally resolved, pursuant to the National Arbitration Rules of the ADR Institute of Canada, Inc. [the Simplified Arbitration Rules of the ADR Institute of Canada, Inc.] The place of arbitration shall be in the province in which the service resides. The language of the arbitration shall be English.


A. Assignment and Transfer: You may not change any term of this Agreement. You may not transfer or assign this Agreement or the use of Desire myHEART Inc. service without the express written consent of Desire myHEART Inc. All terms and conditions of service in this Agreement, as well as all rates and charges, will apply to all such permitted assignees or transferees. Such transfer or assignment, when permitted, shall only apply where there is no interruption of the use or location of the service. Desire myHEART Inc reserves the right, subject to any applicable law or regulation, to assign all or part of its rights and duties under this Agreement without notifying you. Upon such an assignment, Desire myHEART Inc. will have no further obligations to you. B. Governing Law: This Agreement is governed by the law of the province in which the service resides, without regard to its choice of law rules, except that the arbitration provisions of Section XII of this Agreement are governed by the National Arbitration Rules. C. Entire Agreement: Your Agreement with Desire myHEART Inc. consists of this Customer Service Agreement, information contained on Desire myHEART Inc. website, and the current terms of any optional membership, promotion, and/or authorized written communication you have received from Desire myHEART Inc... Your Agreement with Desire myHEART Inc. constitutes the entire Agreement between Desire myHEART Inc. and you and supersedes all prior agreements, representations, and understandings. This Agreement can only be amended by Desire myHEART Inc., as provided in this Agreement. No written or verbal statement, advertisement, or product description will contradict, interpret, or supplement this Agreement. D. Separate-ability: Each provision of this Agreement applies to the fullest extent permitted by applicable law. If any provision of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain valid and enforceable. E. Notices: All notices required or permitted by this Agreement will be provided as follows. Notices from Desire myHEART Inc. to you will be sent to your last known address as reflected in the agency records of Desire myHEART Inc., and provided by one of the following methods: (i) by Canadian Post, postage prepaid; (ii) by a notation on, or an insert with, your billing invoice; or (iii) with your prior consent, by email. Notices from you to Desire myHEART Inc. that are required to be in writing shall be mailed to Desire myHEART Inc. Customer Service. Written notifications shall be deemed given: (i) three (3) business days after deposit of the notice in the Canadian Post, postage prepaid; or (ii) on the same business day, if sent to you by email. F. Authority: By enrolling in, using, or paying for Desire myHEART Inc. services, you acknowledge, represent and warrant that you have the requisite authority to enter into this Agreement and to bind yourself to the terms contained herein. G. Discrimination: Desire myHEART Inc. services are provided without discrimination as to a Customer’s race, color, sex, nationality, religion, marital status, income level, source of income, or from unreasonable discrimination on the basis of geographic location.


Customer Care Numbers: For General Inquires and support Phone: 403-462-6872 you can write us at 134 Auburn Sound View SE; Calgary, Alberta T3M 0E1 or email Desire myHEART Web Site: www.customerservice@desiremyheart.ca