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Foresters Go - Terms of Use

(Version: September 2022)


1. Your Acceptance of These Terms of Use

These terms of use (as amended from time to time, the “Terms”) govern users’ (“you” or “your”) access to and use of the Foresters Go mobile app and website and services available on them (“Foresters Go”). You can only access, download and use Foresters Go if you are aged 18 or older and are legally permitted to enter into binding agreements.

Your access to and use of Foresters Go is subject to your acceptance of and compliance with these Terms. By accessing or using Foresters Go you agree to accept and be bound by the current version of these Terms and, if applicable, relevant App Store rules. In case you do not agree to the current version of these Terms or relevant App Store rules, you are not authorized to continue accessing or using Foresters Go.

You will be required to agree to these Terms below before using Foresters Go.

PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, INCLUDING AN AGREEMENT TO BINDING ARBITRATION AND OTHER PROVISIONS GOVERNING HOW DISPUTES WILL BE RESOLVED.

These Terms are separate from but are related to the Foresters Go Privacy Notice and Cookie Policy. Please read them carefully before proceeding.

 

2. Who We Are

Foresters Go is provided by The Independent Order of Foresters and its subsidiaries (“Foresters”, “we” or “our”). Our international head office is at 789 Don Mills Road, Toronto, Ontario, Canada M3C 1T9 and our UK Registered office is at Foresters House, 2 Cromwell Avenue, Bromley BR2 9BF. Registered in England number FC2825. Branch No. BR723. Foresters Go is operated by dacadoo AG, Othmarstrasse 8, 8008 Zurich, Switzerland (“dacadoo”).

 

3. Personal Information and Using Foresters Go

Foresters Go provides you with a Health Score and various health, wellbeing and similar information (collectively the “Information”) compiled based on the details specified by you, or which you instruct wearable device operators or mobile app providers to provide to us, such as certain contact information, health data, family history, activity data and information about your lifestyle (the “Data”).

The collection and use of the Data which you provide are subject to the Foresters Go Privacy Notice. Please ensure you have read and understood this Privacy Notice before proceeding to use Foresters Go.

You can use certain features of Foresters Go to upload content (such as messages for other users, comments on discussion boards or photos) to Foresters Go or contact other users of Foresters Go (collectively “Content”). Content you upload to Foresters Go is considered non-confidential and non-proprietary.

When you create an account on Foresters Go, we check if you are a current Foresters member in good standing. We will continue to check this on a regular basis and for the duration of your account. If you are not a current Foresters member in good standing, we may terminate or limit your access to Foresters Go.

Marketing communications

We will use the email address you register with to inform you about new and existing Foresters Go features. For Foresters members participating through Community Membership, we will use the email address used to access MyForesters. To the extent and in the manner permitted by law, we may send you electronic communications, the primary purpose of which is the commercial advertisement or promotion of a commercial product or service. Where required by applicable law, we will obtain your consent to send such communications. If you no longer wish to receive marketing emails from us, you may contact us at any time or click the unsubscribe link at the bottom of such emails.

To register, with your consent your Data will be used to:

To review other ways your personal information is shared and who your personal information may be shared with, please review the Foresters Go Privacy Notice.

Your Rights:

You have a number of rights over your personal information which you find can set out in the Foresters Go Privacy Notice.

 

4. Operations and Accounts

You are required to register and create an account to use Forester Go using your real name and accurate and truthful information.

You are responsible for safeguarding the login details that you use to access your account and for any actions taken by anyone accessing your account where you have provided them with your login details or been reckless with your account security. For data security purposes, we encourage you to use “strong” passwords (i.e., passwords combining upper- and lower-case letters, numbers, and symbols). If you change your email address please contact support at forestersgo@foresters.com or if you forget your username and password please select the ‘Forgot username/password?’ option on Login page of the Foresters Go app to recover your account.

We may stop permanently or temporarily at any time operating Foresters Go or change (including by removing features and benefits), cease or suspend the form, service providers, nature, eligibility, features and benefits of Foresters Go or create limits on the use of Foresters Go from time to time (for individual users, categories of users or all users) without prior notice to you, or if you reside in a jurisdiction where such action without notice is prohibited by law, establish a date by prior written notice upon which such action becomes effective. While we do not currently intend to do so, we reserve the right to make use of Foresters Go subject to a subscription fee or subject to other eligibility conditions.

 

5. Cancelling Your Account

You can cancel your account at any time by following the instructions in the Subscription Preferences section of MyForesters or by emailing us at forestersgo@foresters.com (or forestersgoFR@foresters.com for French), or by clicking on the delete account button in the Foresters Go app.

 

6. User Conduct

There are limitations on and rules regarding the use of Foresters Go. These limitations and rules are designed to comply with legal requirements and aim to protect our users from abuse and to make the use of Foresters Go the best possible experience for all users. We may need to change these Terms from time to time and reserve the right to do so. If you violate any of these Terms, we may temporarily or permanently suspend all related accounts and your rights of use of Foresters Go. Accounts created to replace suspended accounts will be permanently suspended or terminated.

Unlawful Use: You shall not use Foresters Go or any Information provided for any unlawful purposes or in furtherance of any illegal activities. Users are required to comply with all applicable laws regarding online conduct and acceptable content.

Unauthorized Access: You shall not do any of the following while accessing or using Foresters Go: (i) access, tamper with or use non-public areas of Foresters Go (except for your own account), Foresters or dacadoo computer systems or the technical delivery systems of our providers; (ii) probe, scan or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) attempt to access or search Foresters Go or any Data by any means (automated or otherwise) other than through our currently available, published interfaces; or (iv) interfere with or disrupt, or attempt to do so, the access of any user, host or network.

Respect for Privacy of Third Parties: You shall not collect, use, process, disclose or distribute other people’s health, wellbeing and similar data without their express authorization and permission.

No Reproduction: You shall not reproduce, duplicate, copy, sell, trade or resell Foresters Go content and its design and look or any Information derived from Foresters Go. You are not entitled to modify or redistribute Foresters Go content and its design and look or any Information or to reproduce, store, link, frame or deep link it on any other app/website or in any other medium or format without our prior written consent.

No Malware: You shall not provide any malicious content intended to damage or disrupt another user’s browser, mobile device or computer or to compromise a user’s privacy.

 

7. Foresters Go Tiers

Users accessing Foresters Go will be assigned a Tier based on their Foresters membership status as shown in the following chart:

  Gold Silver
Who is eligible Foresters Benefit Member* Foresters Community Member**
Foresters Go Rewards Points Redeemable Through Rewards Store Yes Yes
Foresters Go Rewards Points Accumulation Yes - Rewards Points can be earned based on engagement and performance in Foresters administered activity challenges, from in-app inputs (such as answering questions, entering steps, attaining activity-based goals, logging in for the first time, etc.), and from engaging with other Foresters member benefits (such as completing a Foresters Care grant, or hosting a Community Volunteer activity).*** Yes - Rewards Points can be earned based on engagement and performance in Foresters administered activity challenges.

 

Foresters Financial member benefits are non-contractual, subject to benefit specific eligibility requirements, definitions and limitations and may be changed or cancelled without notice or are no longer available. *Foresters Benefit Members are insureds under a life or health insurance certificate, or primary annuitants under an annuity certificate, issued by The Independent Order of Foresters, or insureds under eligible products issued by Foresters Life Insurance Company, or for UK residents, eligible applicants include members who are 18 years of age or older and must have an active Foresters Plan and maintain it in good standing. **Foresters Community Members are employees of Foresters who have signed up for Community Membership and existing social fraternal members. *** A maximum of 36,000 points can be earned annually from in-app inputs and from engaging with other Foresters member benefits (up to 3 times annually for hosting a Community Volunteer activity and completing its Post Activity Report, up to 1 time annually for completing a Foresters Care grant and completing its Post Activity Report, however additional rewards points can be earned from Foresters administered activity challenges (based on performance in challenge).

 

8. Foresters Go Rewards Points and the Foresters Go Rewards Store

Foresters Go gives members the opportunity to earn and accumulate rewards (“Foresters Go Rewards Points”) based on their activity level and the Data and Content that they provide to us.

You can redeem and use your rewards in the Rewards Store based upon your current membership status and only while your Foresters Go account is current.

The “Rewards Store” is currently operated by Global Reward Solutions ULC and can be accessed through Foresters Go.

The Foresters Go Rewards Points are only redeemable and usable in the Rewards Store. The Rewards Store is operated by a third-party provider and we are not responsible or liable for anything done or not done by the Rewards Store or operator of the Rewards Store. You are responsible for reading any additional terms and conditions of the Rewards Store and any other information made available to you through it to understand your rights and responsibilities in such regard.

We can change the Rewards Store to a rewards store operated by a different third party by notice on Foresters Go. In that case, your Foresters Go Rewards Points on the old Rewards Store will be cancelled and will cease to be redeemable in the old Rewards Store but we will make provision for equivalent Foresters Go Rewards Points to be available to you in the replacement Rewards Store.

Foresters Go Rewards Points may only be accrued by you on your own behalf, and not by or on behalf of any third party. Foresters Go Rewards Points at all times remain the property of Foresters and have no cash value or other value, except to allow users to redeem them in the Rewards Store. You may not sell, purchase or transfer Foresters Go Rewards Points or your Foresters Go account, except as expressly permitted by us in writing.

Foresters Go Rewards Points are not transferrable (i) upon death; (ii) as part of a domestic relations matter; or (iii) in any other circumstances without the express written permission of Foresters. Any violation of these rules may result in account termination and/or cancellation of accrued Foresters Go Rewards Points.

You are responsible for ensuring that Foresters Go Rewards Points have been properly credited to you. We reserve the right to audit your account without notice for compliance with these Terms. In the event an audit reveals discrepancies or possible violations, your account may be suspended, and the operator of the Rewards Store may be notified pending completion of the audit.

Foresters Go Rewards Points are automatically forfeited in Foresters Go accounts that are terminated or cancelled for any reason and you are not entitled to any reimbursement or compensation in connection with any such forfeiture.

All Foresters Go Rewards Points in an inactive account are forfeited. Unless otherwise permitted by Foresters, your account becomes inactive if you have not accumulated or redeemed Foresters Go Rewards Points for 18 consecutive months. We reserve the right to terminate any inactive Foresters Go accounts and will provide notice prior to such account termination.

We may reduce your Foresters Go Rewards Points total or terminate your Foresters Go account in certain circumstances based on your actions, for instance, if you are not complying with these Terms or your behavior is affecting in any way the proper running of Foresters Go and/or the rewards program. Foresters Go accounts will also terminate upon the death or personal bankruptcy or insolvency of the user.

Foresters may, in its sole discretion and at any time without prior notice terminate the Foresters Go Rewards Points program, or if you reside in a jurisdiction where termination without notice is prohibited by law, establish a date upon which Foresters Go Rewards Points will expire and may no longer be used.

Individuals participating through Community Membership may not be eligible to earn and accumulate Foresters Go Rewards Points as benefit members. Foresters may initiate specific rewards for Community Members engaged in Foresters Go.

 

9. Rewards

When you buy something through the Rewards Store, you can pay with Foresters Go Rewards Points or a combination of your Foresters Go Rewards Points and money using a credit card (where applicable). The Rewards Store will list the amount of Foresters Go Rewards Points/money required to purchase an item. Only Foresters Go Rewards Points accrued and credited to your Foresters Go account at a given time are available to use in the Rewards Store. When you use Foresters Go Rewards Points to redeem a reward in the Reward Store, your Foresters Go Rewards Points balance will be reduced by the number of points used to acquire the reward. If your reward order is cancelled due to an issue with redeeming a reward (such as the reward becoming unavailable), Foresters will reinstate your Foresters Go Rewards Points.

Points Conversion: Each reward point is equivalent to $0.003 USD in local currency (based on a daily exchange rate) or £0.0022 GBP for UK.

Your use of the Rewards Store and your relationship with the operator of the Rewards Store or any merchants who trade on the Rewards Store is governed solely by your agreements with that operator or merchant. When you make purchases on or through the Rewards Store, you may enter into a transaction and contract with the relevant merchant on its terms and conditions. Foresters never becomes a party to any transactions you enter into on the Rewards Store. Foresters Go only provides you with access to the Rewards Store, and through its relationship with the operator of the Rewards Store, allows you to use Foresters Go Rewards Points which you accrued on Foresters Go in the Rewards Store. We are not responsible for, and do not have any liability for, anything you buy on or through the Rewards Store. All applicable sales taxes for prizes, points or rewards are included in the rewards redeemed from the Rewards Store. To the extent any applicable laws require that Foresters Go Rewards Points awarded to you, or merchandise or Foresters Go Rewards Points redeemed by you are subject to other taxes such as income taxes, you are responsible for such tax reporting and any such taxes will be borne solely by you. Foresters, their employees and representatives, do not provide, on Foresters behalf, tax advice.

 

10. Challenges

Foresters allows you to register for the participation in activity, nutrition quiz and photo challenges among certain or all users of Foresters Go which may be initiated by users (“Challenges”) or Foresters or other organizations who have partnered with us to initiate challenges (“Public Challenges”). Challenges may incorporate contest or random draw components, as applicable. Individuals participating through Community Membership will not be eligible to receive rewards from member Challenges or promotions. Foresters may initiate specific challenges, promotions and rewards for Community Members engaged in Foresters Go. Where public challenges are self-initiated by users, points or merchandise will not be rewarded.

You agree not to make use of means or behave in a way that can reasonably be considered as contrary to the general rules of fairness in connection with any challenges. Participation in a Foresters Go Challenge or Public Challenges may be subject to additional terms and conditions. Where this is the case, we will make the terms and conditions available at the point of entry and participation in the Foresters Go Challenge or Public Challenge, as applicable, will be subject to your agreement to those terms and conditions.

Foresters is not responsible for Public Challenges and does not actively monitor them for safety or other reasons. Without limiting or affecting this, we have the right to require that our partners terminate, stop or suspend Public Challenges or participation by users in them at our sole discretion.

Foresters reserves the right to screen and verify your activity and to temporarily or permanently exclude you from a Challenge or Public Challenge or from Challenges or Public Challenges in general or to suspend or terminate your account in case we reasonably believe that such measure is necessary to:

In cases where Public Challenges feature rewards, such as points or merchandise, such rewards will be awarded to the users achieving the best result as determined in accordance with the published rules of the applicable challenge. The assessment of what is the best result is separately defined for each Public Challenge. If there is a tie between the achievements of two or more users, the reward may be equally shared between such users or Foresters may decide to conduct a raffle at random to select the winner, unless the published rules state otherwise. Applicable sales taxes for rewards are included in the rewards redeemed from the Rewards Store. Foresters, their employees and representatives, do not provide, on Foresters behalf, tax advice.

Only users who participate fairly in Public Challenges according to its rules and spirit may be judged as having achieved the best result and be rewarded with points or merchandise. Cheating or fraudulent behavior is strictly prohibited, which includes any attempt to hack the Foresters Go app with a view to manipulating challenge results. Penalties and sanctions will be issued to any participants found to have cheated which may include cancellation of their Foresters Go account and other sanctions we deem appropriate taking into account the violation and any harm caused.

For members in Canada/US: By participating in Challenges or Public Challenges, you consent to Foresters using your Data to administer the challenges, user participation, promotions, rewards and overall use of Foresters Go.

Any decisions of Foresters regarding Challenges or Public Challenges are final.

 

11. Intellectual Property

We do not acquire any ownership rights in respect of your Data or Content, but you do grant us a perpetual license to use, distribute, store, analyze, aggregate, de-personalize and adapt your Data and Content – this license continues after you or we terminate your account. However, this does not limit or affect your rights under applicable privacy laws, including your rights as a Data Subject under the UK General Data Protection Regulation (UK GDPR).

All copyright, database right, trademarks, patent, other intellectual property right, title and interest in and to Foresters Go and Information (excluding the Data provided by the users of Foresters Go) are and will remain the exclusive property of Foresters and/or its licensors. The elements of Foresters Go, including but not limited to the general design and the imagery, and Information are protected by copyright, trademark, patent and other laws relating to intellectual property rights. Nothing in these Terms gives you a right to use the Foresters or its licensors’ names or any of Foresters’ or its licensors’ trademarks, logos, domain names and other distinctive brand features. You are permitted to download and print any Information from Foresters Go solely for your own personal use and/or internal business purposes. You are not entitled to use the content of Foresters Go for commercial exploitation.

 

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, FORESTERS AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AFFILIATES AND LICENSORS SHALL NOT BE LIABLE FOR ANY LOSSES OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, BUSINESS, BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION, DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE FORESTERS GO, (II) THE USE OF ANY INFORMATION; AND (III) ANY UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OF DATA, IN EACH CASE HOWEVER THEY MAY ARISE AND WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL BASIS, WHETHER OR NOT FORESEEABLE AND IRRESPECTIVE OF WHETHER FORESTERS HAS BEEN INFORMED IN ADVANCE ABOUT THE POSSIBILITY OF SUCH DAMAGE. WE ONLY MAKE FORESTERS GO AVAILABLE FOR PRIVATE USE. WE ARE NOT LIABLE FOR BUSINESS LOSSES.

OUR TOTAL LIABILITY TO YOU (WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR FOR ANY OTHER REASON WHATEVER, INCLUDING INTEREST AND COSTS) FOR ANY LOSS, HARM, CLAIM OR DAMAGE SUFFERED BY YOU IN CONNECTION WITH YOUR DOWNLOADING, USE AND/OR ACCESS OF FORESTERS GO OR IN CONNECTION WITH THESE TERMS IS LIMITED TO $/£100 IN LOCAL CURRENCY.

Despite anything else we say in these Terms, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation. As a consumer, you have certain rights under statute that cannot be excluded by contract. These Terms do not limit or affect any of those rights that cannot be excluded by contract. This limitation of liability section is not applicable to residents of Quebec.

 

13. General Disclaimers

While we endeavour to ensure the accuracy of the Information, neither Foresters nor any of its directors, officers, employees, agents, partners, affiliates, and licensors may be held responsible for any omissions or errors of the Information or for any loss or damages which may subsequently arise.

Any Information transmitted via Foresters Go will pass over public telecommunications networks. Although Foresters and dacadoo use industry standard encryption technology, neither Foresters nor dacadoo gives any warranty or undertaking and does not make any representation that the operation of Foresters Go will be secure, uninterrupted or error free.

Foresters Go contains links to third-party app/websites or materials. Foresters does not accept any responsibility or liability for: (i) the availability or accuracy of such app/websites or materials or (ii) the content, products or services on or available from such app/websites or materials. Links to such app/websites or materials do not imply any endorsement by Foresters of such app/websites or materials or the content, products or services available from such app/websites or materials. You are solely responsibility for and assume all risks arising from your use of any such app/websites or materials.

Foresters and dacadoo provide the content of Foresters Go and any Information in good faith, but your access to and use of Foresters Go is at your own risk. Foresters and dacadoo operate Foresters Go on an “as is” and “as available” basis without warranty of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement of any copyrights, database rights, patents, trademarks or any other intellectual property rights in the jurisdiction in which you access and/or use Foresters Go. Neither Foresters nor dacadoo give any warranty or undertaking or representation for the completeness, accuracy, availability, timeliness, security or reliability of Foresters Go or that the Information is of satisfactory quality, up to date or free from viruses, trojans or other harmful or malicious programs. Neither Foresters nor dacadoo will not be responsible or liable for any harm to your mobile device or computer system, loss of data or other harm resulting from your access to or use of Foresters Go or for the deletion of, or the failure to store or to transmit, any Data or Information and other communications. Foresters and dacadoo make no warranty that Foresters Go will meet your requirements or be available on an uninterrupted, secure or error-free basis. No advice or information, whether oral or written, obtained from Foresters or dacadoo or Foresters Go, shall create any implied warranty.

The Information generated is for information purposes only. The Information is not a substitute for the expertize and judgment of any doctor, pharmacist or other healthcare professional. Making a reliable medical diagnosis, treating any medical condition and administering any drug therapy require the involvement of independent, qualified and informed healthcare professionals. In case of any specific questions regarding the treatment and care of a medical condition, you need to contact your professional healthcare provider. Foresters Go is intended for fitness and wellness informational purposes only and is not supplied for use in the diagnosis or treatment of disease or other conditions, or in the cure or prevention of disease.

If you have a pre-existing medical condition you should consult with your doctor before participating in any Foresters Go Challenge or Public Challenge or otherwise engaging in any exercise or training program or challenge or changing your diet or lifestyle. If you experience a medical emergency, stop using training or other programs, challenges or activities on Foresters Go and consult with a healthcare professional.

We are not responsible for any health problems that may result from you participating in any Foresters Go Challenge or Public Challenge or otherwise as a result of exercise or training programs, consultations, challenges, coaching, products, information, diets or events that you learn about or participate in through using Foresters Go. If you engage in any exercise or training program or any challenge you receive or learn about through Foresters Go or change your diet or lifestyle as a result of Foresters Go, you do so at your own risk and are voluntarily participating in such.

Foresters and its directors, officers, employees, agents, partners, affiliates and licensors shall in no way be responsible for any decisions you may make based on the use of Foresters Go and/or the Information including but not limited to whether or not you choose to seek professional medical care or treatment. You hereby waive any claim you may have or acquire against Foresters or any of its directors, officers, employees, agents, partners, affiliates and licensors and indemnify and hold Foresters or any of its directors, officers, employees, agents, partners, affiliates and licensors harmless from any claims, proceedings, costs, special, incidental, consequential or indirect damages and loss of profits relating to your use of the Information.

 

14. Governing Law, Arbitration and Jurisdiction

For Residents of Canada:

Governing Law

These Terms and your access to and use of Foresters Go shall be governed exclusively by the laws of the Province of Ontario, Canada and the federal laws of Canada applicable to Ontario. For residents of Quebec only, these Terms and your access to and use of Foresters Go shall be governed exclusively by the laws of the Province of Quebec and the federal laws of Canada applicable in Quebec.

Agreement to Binding Arbitration

YOU AND FORESTERS AGREE THAT THE SOLE AND EXCLUSIVE FORUM FOR ANY AND ALL DISPUTES, CONTROVERSIES OR CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS AND/OR YOUR ACCESS TO OR USE OF FORESTERS GO (“CLAIMS”) SHALL BE BINDING ARBITRATION.

Either Foresters or you may demand that any Claims between Foresters and you must be settled by arbitration utilizing the dispute resolution procedures of the Canadian Arbitration Association Arbitration Rules, provided that the foregoing shall not prevent Foresters from seeking injunctive relief in a court of competent jurisdiction.

In the event that you initiate arbitration, you shall pay the first $125.00 of the filing fee required by the Arbitration Rules, and Foresters will pay the remaining amount of such fee, as well as any required deposit. In the event Foresters initiates arbitration, Foresters shall pay the entire amount of such filing fee and any required deposit. The parties agree to be responsible for their own expenses, including fees for attorneys, experts and witnesses. The parties agree to be bound by the decision of the arbitrator(s). Any issue as to whether any Claims are subject to arbitration shall be determined by the arbitrator(s). The arbitration shall take place, at your option, in either Toronto, Ontario or in the municipality of your residence. This obligation to arbitrate will survive the termination of these Terms or the termination of your access or use of Foresters Go.

Jurisdiction and Venue for Claims Not Subject to Arbitration

For any Claims found not to be subject to binding arbitration under the terms of the Agreement to Binding Arbitration, you agree and consent to exclusive personal jurisdiction and venue in the courts of Toronto, Ontario for any lawsuits or legal actions initiated to resolve such Claims. You hereby waive any right you may have to assert the doctrine of forum non convenience or similar doctrine or to object to venue or lack of personal jurisdiction with respect to any lawsuits or legal actions initiated in accordance with this paragraph.

Waiver of Jury Trial and Prohibition on Class Action Participation

By agreeing to these Terms, YOU WAIVE ANY RIGHT YOU MAY OTHERWISE HAVE HAD TO LITIGATE THE CLAIMS AGAINST FORESTERS IN COURT OR TO HAVE A JURY TRIAL. FURTHER, UNLESS A CLAIM IS ALREADY CERTIFIED BEFORE THE DATE OF YOUR AGREEMENT TO THESE TERMS, YOU HEREBY AGREE THAT YOU MAY NOT PARTICIPATE IN A CLASS ACTION IN COURT AGAINST FORESTERS OR A CLASS-WIDE ARBITRATION AGAINST FORESTERS IN ANY WAY RELATED TO THE CLAIMS, EITHER AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS, AND YOU HEREBY EXPRESSLY WAIVE YOUR RIGHT TO JOIN OR REPRESENT SUCH A CLASS. All terms of this provision will survive the termination of these Terms or the termination of your access or use of Foresters Go.

The foregoing pertaining to Agreement to Binding Arbitration, Jurisdiction and Venue for Claims Not Subject to Arbitration and Waiver of Jury Trial and Prohibition on Class Action Participation is not applicable to residents of Quebec.

For Residents of the United States:

Governing Law

These Terms and your access to and use of Foresters Go shall be governed by the laws of the State of New York.

Agreement to Binding Arbitration

YOU AND FORESTERS AGREE THAT THE SOLE AND EXCLUSIVE FORUM FOR ANY AND ALL DISPUTES, CONTROVERSIES OR CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS AND/OR YOUR ACCESS TO OR USE OF FORESTERS GO (“CLAIMS”) SHALL BE BINDING ARBITRATION UNDER THE FEDERAL ARBITRATION ACT (“FAA”) (9 U.S.C. §§ 1 et. seq.).

Either Foresters or you may demand that any Claims between Foresters and you must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association Arbitration Rules, provided that the foregoing shall not prevent Foresters from seeking injunctive relief in a court of competent jurisdiction.

In the event that you initiate arbitration, you shall pay the first $125.00 of the filing fee required by the Arbitration Rules, and Foresters will pay the remaining amount of such fee, as well as any required deposit. In the event Foresters initiates arbitration, Foresters shall pay the entire amount of such filing fee and any required deposit. The parties agree to be responsible for their own expenses, including fees for attorneys, experts and witnesses. The parties agree to be bound by the decision of the arbitrator(s). Any issue as to whether any Claims are subject to arbitration shall be determined by the arbitrator(s). The arbitration shall take place, at your option, in either New York City, New York, or in the county of your residence. This obligation to arbitrate will survive the termination of these Terms or the termination of your access or use of Foresters Go.

Jurisdiction and Venue for Claims Not Subject to Arbitration

For any Claims found not to be subject to binding arbitration under the terms of the Agreement to Binding Arbitration, you agree and consent to exclusive personal jurisdiction and venue in the state and federal courts located in the State of New York, City of New York for any lawsuits or legal actions initiated to resolve such Claims. You hereby waive any right you may have to assert the doctrine of forum non convenience or similar doctrine or to object to venue or lack of personal jurisdiction with respect to any lawsuits or legal actions initiated in accordance with this paragraph.

Waiver of Jury Trial and Prohibition on Class Action Participation.

By agreeing to these Terms, YOU WAIVE ANY RIGHT YOU MAY OTHERWISE HAVE HAD TO LITIGATE THE CLAIMS AGAINST FORESTERS IN COURT OR TO HAVE A JURY TRIAL. FURTHER, UNLESS A CLAIM IS ALREADY CERTIFIED BEFORE THE DATE OF YOUR AGREEMENT TO THESE TERMS, YOU HEREBY AGREE THAT YOU MAY NOT PARTICIPATE IN A CLASS ACTION IN COURT AGAINST FORESTERS OR A CLASS-WIDE ARBITRATION AGAINST FORESTERS IN ANY WAY RELATED TO THE CLAIMS, EITHER AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS, AND YOU HEREBY EXPRESSLY WAIVE YOUR RIGHT TO JOIN OR REPRESENT SUCH A CLASS. All terms of this provision will survive the termination of these Terms or the termination of your access or use of Foresters Go.

For Residents of the United Kingdom:

These Terms and your access to and use of Foresters Go shall be governed exclusively by the laws of England and Wales.

Agreement to Binding Arbitration

YOU AND FORESTERS AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS, FORESTERS GO AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF FORESTERS GO AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION.

Either Foresters or you may demand that any dispute between Foresters and you about or involving Foresters Go must be settled by arbitration utilising the dispute resolution procedures under the Arbitration Act in London, England, provided that the foregoing shall not prevent Foresters from seeking injunctive relief in a court of competent jurisdiction.

Jurisdiction and Venue for Claims Not Subject to Arbitration

For any Claims found not to be subject to binding arbitration under the terms of the Agreement to Binding Arbitration, you agree and consent to exclusive personal jurisdiction and venue of the courts of England and Wales in London, England for any lawsuits or legal actions initiated to resolve such Claims. You hereby waive any right you may have to assert the doctrine of forum non convenience or similar doctrine or to object to venue or lack of personal jurisdiction with respect to any lawsuits or legal actions initiated in accordance with this paragraph.

Waiver of Jury Trial and Prohibition on Class Action Participation

 

By agreeing to these Terms, YOU WAIVE ANY RIGHT YOU MAY OTHERWISE HAVE HAD TO LITIGATE THE CLAIMS AGAINST FORESTERS IN COURT OR TO HAVE A JURY TRIAL. FURTHER, UNLESS A CLAIM IS ALREADY CERTIFIED BEFORE THE DATE OF YOUR AGREEMENT TO THESE TERMS, YOU HEREBY AGREE THAT YOU MAY NOT PARTICIPATE IN A CLASS ACTION IN COURT AGAINST FORESTERS OR A CLASS-WIDE ARBITRATION AGAINST FORESTERS IN ANY WAY RELATED TO THE CLAIMS, EITHER AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS, AND YOU HEREBY EXPRESSLY WAIVE YOUR RIGHT TO JOIN OR REPRESENT SUCH A CLASS. All terms of this provision will survive the termination of these Terms or the termination of your access or use of Foresters Go.

 

15. General Terms Where You Download the Foresters Go App

If you download the Foresters Go app from a third-party app store (the “App Store”), you acknowledge and agree that:

If you downloaded or access the Foresters Go app through the Apple Inc. (Apple Inc. together with all of its affiliates, “Apple”) app store, if any of these Terms are inconsistent or in conflict with Apple’s applicable instructions for Minimum Terms for Developer’s End User License Agreement (located at http://www.apple.com/legal/internet-services/itunes/appstore/dev/minterms/ (the “Apple EULA Terms”)) or the App Store Terms and Conditions (located at http://www.apple.com/legal/internet-services/itunes/ca/terms.html (the “Apple App Store Terms”)) the terms and conditions of the Apple EULA Terms or Apple App Store Terms, as applicable, will apply to the extent of such inconsistency or conflict.

If you downloaded or access the Foresters Go app through the Google Inc. (Google Inc. together with all of its affiliates, “Google”) app store, if any of these Terms are inconsistent or in conflict with Google’s Google Play Developer Distribution Agreement (located at https://play.google.com/about/developer-distribution-agreement.html (the "Google EULA Terms")), the terms and conditions of Google EULA Terms will apply to the extent of such inconsistency or conflict.

You can download and use the Foresters Go app (including updates to it) using compatible devices authorized by the relevant App Stores only. It is possible that, depending on your device, some features of the Foresters Go app may not be compatible. You must own or control the devices you use in order to download and use the Foresters Go app. You are responsible for installing Foresters Go app updates. If you don’t do so, this may impact Foresters Go functionality and security and your ability to use it.

 

16. General Terms

Any Foresters Go Information transmitted via Foresters Go passes over public telecommunications networks. Although Foresters and dacadoo use industry standard encryption technology, like other companies that operate online, we cannot and do not guarantee that the operation of Foresters Go will be 100% secure, uninterrupted or error free.

The failure of Foresters to enforce any right or provision of these Terms shall not be deemed to be a waiver of such right or provision.

These Terms, together with any supplemental rules and regulations, such as the Privacy Notice, are the entire and exclusive agreement between Foresters and you regarding the use of Foresters Go, and shall supersede and replace any prior agreements between Foresters and you regarding the use of Foresters Go. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms shall remain in full force and effect.

You are only allowed to access Foresters Go if you are not a person barred from accessing Foresters Go or MyForesters (if applicable) according to applicable law. You undertake to access Foresters Go solely in compliance with these Terms and all applicable rules and regulations. Foresters Go is not directed to any person to whom (by reason of such person’s nationality, residence or otherwise) the publication or availability of Foresters Go is prohibited. Persons to whom such restrictions apply must not access Foresters Go. If you choose to access and/or use Foresters Go, you are solely responsible for compliance with your applicable local laws.

Subject to applicable laws, we may unilaterally revise any of these Terms from time to time. The most current version will be available on Foresters Go (www.foresters.com/en/well-being/foresters-go/, specifically on https://www.foresters.com/en/well-being/foresters-go/terms-conditions/). The revised Terms shall become effective from the date of publication on Foresters Go. Should these changes be substantial, we will provide you with written notice and, where required by applicable law, obtain your consent. This notice will be provided by email or by publication on Foresters Go.

For resident in Quebec only: Foresters may unilaterally revise any of these Terms and, the version of the Terms that is posted from time to time will govern. You will be provided with written notice of any amendment to these Terms (setting out the new clause only or the amended clause and how it read formerly and the date that the amendment will take effect) at least 60 days, but not more than 90 days, before it is to take effect. Upon receipt of the notice, you may choose to reject the amendment and rescind these Terms. Should these changes be substantial, we will, where required by applicable law, obtain your consent. This notice will be provided by email or by publication on Foresters Go.

If you have any questions or complaints about Foresters Go, please contact us. You can write to us at forestersgo@foresters.com (or forestersgoFR@foresters.com for French).,  or  Foresters Go Customer Service, 789 Don Mills Rd. Toronto, Ontario, Canada M3C 1T9.

Foresters Go operates on a “notice and takedown” basis. If you believe that any Content on Foresters Go infringes your rights, please notify Foresters immediately by emailing forestersgo@foresters.com (or forestersgoFR@foresters.com for French). Once this notification has been received, Foresters will review as a matter of priority within normal business operating hours. Take down requests received outside our normal business hours will only be addressed upon the re-opening of Foresters’ offices.

419350 CAN/US/UK (09/22)
Foresters Financial, Foresters, Foresters Go and the Foresters Go logo are trade names and/or trademarks of The Independent Order of Foresters (a fraternal benefit society, 789 Don Mills Rd, Toronto, ON, Canada M3C 1T9) and its subsidiaries. Registered Office: Foresters Financial, Foresters House, 2 Cromwell Avenue, Bromley BR2 9BF. Registered in England number FC2825. Branch No. BR723. For more information, please email myforesters@foresters.com.