Last revised July 17, 2014
Please note that we do not provide warranties for the Site or the Service. This contract also limits our liability. For details see Sections 8 and 9.
1. The Service
The Service is a health and fitness platform on line in which you can store, collect, edit and share health and fitness information generated by your use of A&D devices, such as scales, blood pressure monitors and activity monitors, or otherwise provided by you (the “Service”). The Service is made available by A&D at no charge. To use the Service, you set up a Wellness Connected account (“User Account”) and you link the account to your applicable A&D devices through an A&D mobile app (A&D Connect™ app) or PC software (“A&D Software”). Any A&D Software is governed exclusively by the license presented with the software when it was downloaded or otherwise obtained. Each A&D device creates its own record. Only A&D branded devices and other products distributed by A&D and certain third party products that have been approved by A&D for use with the Service (collectively “A&D devices”) can be linked to the User Account.
A&D is not responsible for the content or activities in your User Account. You are solely responsible for all use of and all activities in your User Account, whether or not authorized by you.
2. Changes in Terms, the Site or the Service; Cancelation
A&D reserves the right to change these Terms in any way, at any time and from time to time, in its sole discretion and without prior notice. A link to the most current Terms will be available on the Site’s home page. You are responsible for checking these Terms periodically for changes. If you do not agree with changes to these Terms, you must cancel and stop using the Service. By continuing to use the Site or the Service following the posting of changes you accept and agree to the changed Terms and the changed Terms will apply to you.
As long as you comply with these Terms (as they are in effect from time to time), A&D grants you a personal, non-exclusive, non-transferable limited privilege and license to enter and use the Site and use the Service.
At any time, A&D may change, suspend, terminate or discontinue the Site or the Service in whole or in part, including, without limitation, the availability of any feature, in each case without any notice or liability. Without limiting the above, A&D may at any time remove, modify, add to or otherwise change any content on or from the Site, including any User Account, link or third party content. If data is stored with an expiration date, we may delete the data as of that date. A&D may impose limits on certain features or services or restrict access to part or all of the Site or the Service without notice or liability.
You may cancel the Service at any time and for any reason or no reason. A&D may terminate your use of the Site or the User Account at any time and for any reason or no reason.
If your Service or User Account is canceled (including cancelation by you), your right to use the Service stops immediately and we may permanently delete your User Account and data. Deleted data are likely not retrievable. You understand and acknowledge that you are responsible for backing up the data that you store on the Service. Upon cancelation, your ability to access and use Other Programs may also stop immediately. We have no obligation to return any data to you after the Service is canceled.
The provisions of Sections 5, 7-11, and those that by their terms or nature apply after termination of this contract will survive any termination of this contract.
3. Requirements for Use of the Service
The Service is not available for individuals under the age of 13. If you are 13 or older but under the age of 18, you should review this contract with your parent or guardian to make sure that you and your parent or guardian understand it and agree to it.
Use of the Service requires compatible A&D devices, applicable A&D Software and Internet access.
When using the Service, you must comply with these Terms and all applicable laws and regulations. You are responsible and liable for all use of, and all activities in, your User Account and all content you upload and distribute. You may not use the Service to intentionally interfere with anyone else’s use of the Service or to gain unauthorized access to anyone else’s User Account or data in the Service. You may not use the Service to intentionally interfere with or gain unauthorized access to any service, data, account or network.
Without limiting the foregoing, when you use or post information on a message board or user forum on the Site or in connection with your use of your User Account, you will not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of, any content, including, without limitation, any text, images, video, sound, data, information or software that:
- Infringes any third party’s copyright, patent, trademark, trade secret or other intellectual property or proprietary right(s);
- Misrepresents the source, including, without limitation, impersonation of another individual or entity;
- Is obscene or contains pornography or child pornography;
- Violates any applicable law or regulation or other applicable rule;
- Contains any virus, worm, time bomb or other malicious computer code that is intended to damage, overburden, detrimentally interfere with or impair the Service (or any network or computer connected to the Service) or that is intended to surreptitiously intercept or expropriate any data, information or system;
- Violates any third party right of publicity or privacy;
- Contains any unauthorized advertising or promotion of any goods or services or could be considered “junk mail” or “spam”; or
- Is defamatory, unlawfully threatening or harassing, harmful to minors in any way, or otherwise offensive or inappropriate.
A&D reserves the right, at its sole discretion, and without any obligation to do so, to review, remove and delete prohibited content at will and without notice.
In order to protect the Service or our customers or to stop a violation of these Terms, A&D retains the right to block or otherwise prevent delivery of any type of email or communication to or from the Service even if that means that your use of the Service may be hindered or prevented. We are not responsible for any such hindrance or inability to use the Service.
A&D reserves the right, at its sole discretion, to deny account sign-up or to ban or terminate access to the Service or any User Account by users for any reason or no reason, including, without limitation, for any violation of the Terms.
User Accounts are not for use by healthcare providers or for other medical or case management purposes or for any other commercial or non-personal purpose. Any information in a User Account may not be accurate or up-to-date and should be viewed by any healthcare provider as informational only. User Account records are not “designated record sets” as defined under US regulations. If a healthcare provider decides to include any data made available from a User Account record in its own records, it should store a copy on its own system.
Neither the Site nor the Service provides medical or health care advice, diagnosis or treatment. Always seek the advice of your doctor or other qualified health care professional with any questions you may have regarding a medical condition or any diet, fitness, disease management or wellness program. You should consult your doctor or other qualified health care professional before starting a fitness program or changing your diet. Never disregard professional medical advice or delay in seeking it because of information you received, read or accessed on or through the Service or the Site.
Not all exercises or activities are suitable for everyone. There is always the possibility of physical injury or even death. If you think you may have a medical emergency, call your doctor or dial 911 immediately.
5. A&D Ownership and Proprietary Rights
The Site and the Service are the property of A&D and its licensors and protected by intellectual property laws and treaties, including, without limitation, copyright, trademark, service mark, trade dress, trade secret and/or patent laws.
You agree to use this Site and the Service only for your personal use. Except as expressly provided in these Terms or with the express prior written consent of A&D, you agree that you will not (1) copy, reproduce, display, transmit, upload, post, publicly display, distribute in any way (including “mirroring”) all or any portion of the Site or the Service to any other computer, server, website or other medium, for publication or distribution or for any commercial enterprise, or (2) modify, reverse engineer or prepare derivative works of all or any portion of the Site or the Service for any purpose.
6. Your Content and Sharing of Information
The content you provide on the Service, including, without limitation, any health and fitness data provided by linked A&D devices, remains your content. We do not claim ownership of the content you provide on the Service. You control your personal, health and fitness information in your User Account. We do not control, verify or endorse the content that you (and others) provide or make available on or through the Service.
The Service enables you to share information in your User Account that you select, with others you want to share it with, such as people and services that can help you reach your health or fitness goals. If you decide to provide or share any record or information in your User Account, you understand and agree that anyone you have provided such information or record to or shared it with may use such information or any data or other content contained in such record for any purpose. You understand that such permitted recipient will be able to use, reproduce, distribute, display and transmit such information or content and disclose such information or such content, including without limitation your health and fitness data, to third parties or to the public. If you do not want others to have that ability, do not use the Service to provide or share your information or records.
You represent and warrant that the information about yourself that you provide to set up the User Account is accurate and complete. You agree to update your account information from time to time to keep it current, including providing A&D with your current email address. You agree that A&D may notify you by email from time to time of account-related communications and notices.
You represent and warrant that (1) you have the right, power and authority to enter into and perform this contract, and (2) you have the legal right to submit any content you provide and no use of any such content by us, or as authorized by you, does or will violate any right (including any intellectual property right or the right of privacy or publicity) of any third party, and (3) you will not use the Service or the Site to violate any federal, state and/or local law.
The Service is intended for personal health and fitness information generated by linked A&D devices (and related information provided by you). The Service does not hold records for healthcare providers or for other medical or case management purposes (see the last paragraph of: Requirements for Use of the Service).
7. Login ID and Password; Processing; Privacy; Security
You are responsible for maintaining the security and confidentiality of your combined login ID and password. If you believe that the security of your login ID and password has been compromised, you should immediately change your password.
You are responsible for all uses of your login information, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your login information that comes to your attention. You understand and agree that A&D cannot and does not assume any responsibility or liability for any unauthorized access to or use of your User Account or any record, data or information contained in or relating to your User Account.
You expressly consent to A&D and its contractors processing and storing all personal, health and fitness information you provide to the Service and to A&D using and disclosing same in accordance with these Terms and the Privacy Statement. Please refer to our Privacy Statement at www.wellnessconnected.com/privacy to read what information we collect and what we do with it.
Additionally, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you provide to the Service or the Site or you share through the Service or the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
8. NO WARRANTY
The Site and the Service are each provided “AS IS” and “AS AVAILABLE”, with all faults and without warranty of any kind. The entire risk as to the quality and performance of the Site and the Service is with you. If defective, you assume the entire cost of all necessary servicing and repair.To the maximum extent permitted by applicable law, A&D and its affiliates, vendors and licensors hereby exclude and disclaim all warranties, guaranties and conditions with respect to the Site and the Service, whether express, implied or statutory, including, without limitation, any warranty, guaranty or condition of Merchantability, of satisfactory quality, of fitness for a particular purpose, of absence of hidden defects, of quiet enjoyment, any warranty of non-infringement of third party rights, and any warranty, guaranty or condition that may arise by reason of usage of trade, custom, course of dealing or course of performance.
Without limiting the above, A&D and its affiliates, vendors and licensors do not warrant or guarantee: (1) that use of the Site or the Service will be uninterrupted, available at any time or from any particular location, secure or error-free, (2) that defects will be corrected, (3) that the Site or Service will not be down or will be free of viruses or other potentially harmful code or components, and (4) that the information available from the Service will be timely or accurate and that no loss of data will occur.
Despite the above disclaimers you may have certain rights under your local law. Nothing in this contract is intended to affect those rights, if they are applicable.
Other Programs that connect with the Service are not endorsed or warranted by A&D in any way.
9. Liability Limitation
To the extent not prohibited by applicable law, in no event shall A&D or any of its affiliates, vendors or licensors be liable for personal injury, loss of profits or any incidental, special, indirect, punitive or consequential damages whatsoever, arising out of or related to your use or inability to use the Service or the Site, however caused, regardless of the theory of liability (contract, tort (including negligence), strict liability or otherwise), even if A&D (or such other party) has been advised or should have known of the possibility such personal injury, losses or damages.
In no event shall A&D’s total liability to you arising from or relating to the Service, the Site and/or this contract (other than as may be required by applicable law) exceed the amount of fifty dollars ($50.00). A&D’s affiliates, vendors and licensors shall have no liability whatsoever arising from or relating to the Site, the Service or this contract.
The above limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
The above limitations and exclusions apply to the fullest extent permitted by applicable law, in each case regardless of the basis of the claim (whether such claim is for breach of contract, warranty, guarantee, consumer protection, deception, unfair competition, negligence, strict liability, misrepresentation, omission, trespass or other tort, violation of statute or regulation or unjust enrichment).
In some locations, applicable law may not allow certain of the limitations described above (such as limitations of liability in case of bodily injury), in which case such limitations may not apply to you.
You may notify us as stated in the Support area of the Service, or by email to email@example.com. We may send you, in electronic form, information about the Service, additional information, and information the law requires us to provide. You consent to A&D providing you information by e-mail at the e-mail address you specified when you signed up for the Service. Notices emailed to you will be deemed given and received when the email is sent. If you don’t consent to receive notices electronically, you must stop using the Service.
11. General Legal Terms
These Terms and the resolution of any dispute related to the Terms, the Site or the Service shall be governed by and construed in accordance with the laws of the State of California excluding its conflict of law rules and principles.
You agree that all legal actions or proceedings related to the Terms, the Site or the Service shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Santa Clara County, California, and you agree to submit to the personal and exclusive jurisdiction of such courts and you expressly waive any defense of inconvenient forum.
If any provision of these Terms is determined to be illegal, invalid or unenforceable, it shall be modified to the minimum extent necessary to make it legal, valid and enforceable, and if such modification is not feasible such provision will be severed, and the legality, validity and enforceability of all other provisions shall not be affected thereby.
A&D’s failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by A&D in writing.
These Terms constitute the entire agreement between you and A&D with respect to the subject matter hereof and supersede any and all prior or contemporaneous oral or written agreements with respect to the same subject matter. Use of the A&D Software is exclusively governed by the license presented with the A&D Software when it was downloaded or otherwise obtained.
A&D may assign, transfer or otherwise dispose of its rights and obligations under this contract, in whole or in part, at any time without notice. This contract is personal to you and you may not assign this contract or transfer any right to use the Service or your User Account.
End of Terms.