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Olusesan Ameye
2021-02-04 13:42:45 -05:00
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mermswww/resources/views/privacy.blade.php
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MERMS PRIVACY POLICY
</p>
<p>Last Updated: 02/04/2021 </p>
<p>Last Updated: 02/04/2021 </p>
<p> myFit . ("MERMS myFit") is committed to upholding the privacy rights of individuals. This Privacy Policy explains the collection, use, purpose, and sharing of personally identifiable information ("PII") related to the use of Merms's myFit website https://myfit.mermsemr.com/ , MERMS providing of services to our users ("Partners"), or from our employees. PII does not include information that is anonymized or aggregated, and other information which is excluded from the scope of applicable privacy laws.
</p>
<p>myFit does not require you to register or provide PII to visit our website. By accessing our website or purchasing our services, you agree to this Privacy Policy in addition to any other agreements we might have with you.
</p>
<p> myFit complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of all personal information transferred from the European Union to the United States. </p>
<p> myFit adheres to the Privacy Shield Principles, and is subject to the investigatory and enforcement powers of the Federal Trade Commission. If there is any conflict between the terms in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. </p>
<p>
<p>
myFit. ("MERMS myFit") is committed to upholding the privacy rights of individuals. This Privacy Policy explains the collection, use, purpose, and sharing of personally identifiable information ("PII") related to the use of Merms's myFit website https://myfit.mermsemr.com/, MERMS providing of services to our users ("Partners"), or from our employees. PII does not include anonymized or aggregated information, and other information excluded from the scope of applicable privacy laws. Provides its services (described below) to you through its website located at https://myfit.mermsemr.com/ (the "Site") and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the "Service(s)"), subject to the following Terms of Service (as amended from time to time, the "Terms of Service").
Provides its services (described below) to you through its website located at https://myfit.mermsemr.com/ (the "Site") and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the "Service(s)"), subject to the following Terms of Service (as amended from time to time, the "Terms of Service").
</p>
<p>
ADDITIONAL TERMS
@@ -146,8 +146,10 @@
Our Services may also present you information relating to third-party products or services ("myFit Offers") that you may be interested in. The Services may also provide you with general tips, recommendations and educational material.
</p>
<p>
Access to Third Party Service Accounts: To use certain features of the Services, you may elect to grant myFit access to your accounts with certain third-party platforms for myFit to obtain certain history information about you. myFit will only use this information to provide you with the Services or in an aggregated and anonymized manner to generally improve its products and services. You represent that you are entitled to grant us access for this purpose, without any obligation by myFit to pay any fees or be subject to any restrictions or limitations. Using the Services, you expressly authorize myFit to access your account information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us. When you use the "Add Accounts" feature of the Services, you will be directly connected to the website for the third party you have identified. myFit will submit information including usernames and passwords that you provide to log into the Site. You hereby authorize and permit myFit to use and store the information submitted by you to accomplish the foregoing and configure the Services to be compatible with the third party sites for which you submit your information. For purposes of this Agreement and solely to provide the account information to you as part of the Services, you grant myFit a limited power of attorney, and appoint myFit as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN myFit IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, myFit IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD PARTY SITE. You understand and agree that the Services are not sponsored or endorsed by any third parties accessible through the Services. myFit is not responsible for any payment processing errors or fees or other Services-related issues, including those issues that may arise from inaccurate account information.
</p>
Access to Third Party Service Accounts: To use certain features of the Services, you may elect to grant myFit access to your accounts with certain third-party platforms for myFit to obtain certain history information about you. myFit will only use this information to provide you with the Services or in an aggregated and anonymized manner to generally improve its products and services. You represent that you are entitled to grant us access for this purpose, without any obligation by myFit to pay any fees or be subject to any restrictions or limitations. Using the Services, you expressly authorize myFit to access your account information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us. When you use the "Add Accounts" feature of the Services, you will be directly connected to the website for the third party you have identified. myFit will submit information including usernames and passwords that you provide to log into the Site. You hereby authorize and permit myFit to use and store the information submitted by you to accomplish the foregoing and configure the Services to be compatible with the third party sites for which you submit your information. For purposes of this Agreement and solely to provide the account information to you as part of the Services, you grant myFit a limited power of attorney, and appoint myFit as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person.
<p>
YOU ACKNOWLEDGE AND AGREE THAT WHEN myFit IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, myFit IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD PARTY SITE. You understand and agree that the Services are not sponsored or endorsed by any third parties accessible through the Services. myFit is not responsible for any payment processing errors or fees or other Services-related issues, including those issues that may arise from inaccurate account information.
</p>
<p>
Your Registration Obligations: You may be required to register with myFit to access and use certain Service features. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service's registration form. Our Privacy Policy governs registration data and certain other information about you. If you are under 13 years of age, you cannot use the Service, with or without registering. Also, if you are under 18 years old, you may use the Service, with or without registering, only with your parent or guardian's approval.
@@ -160,23 +162,23 @@
Modifications to Service: myFit reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that myFit will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
</p>
<p>
General Practices Regarding Use and Storage: You acknowledge that myFit may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on myFit’s servers on your behalf. You agree that myFit has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that myFit reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that myFit reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
General Practices Regarding Use and Storage: You acknowledge that myFit may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on myFit servers on your behalf. You agree that myFit has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that myFit reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that myFit reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
</p>
<p>
Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding myFit and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your myFit account information to ensure that your messages are not sent to the person that acquires your old number.
Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the Mobile Services). To the extent you access the Service through a mobile device, your wireless service carrier standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding myFit and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your myFit account information to ensure that your messages are not sent to the person that acquires your old number.
</p>
<p>
Conditions of Use
</p>
<p>
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“Content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by myFit. myFit reserves the right to investigate and take appropriate legal action against anyone who, in myFit’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (Content) that you upload, post, publish or display (hereinafter, upload) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by myFit. myFit reserves the right to investigate and take appropriate legal action against anyone who, in myFit sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
</p>
<p>
email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of myFit, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose myFit or its users to any harm or liability of any type;
email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, junk mail, spam, chain letters, pyramid schemes,contests,sweepstakes, or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of myFit, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose myFit or its users to any harm or liability of any type;
</p>
<p>
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
@@ -184,8 +186,8 @@
<p>violate any applicable local, state, national or international law, or any regulations having the force of law; </p>
<p>impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;</p>
<p>< solicit personal information from anyone under the age of 18;
/p>
<p> solicit personal information from anyone under the age of 18;
</p>
<p>harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
@@ -193,7 +195,7 @@
</p>
<p>
Fees: To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide myFit information regarding your credit card or other payment instrument. You represent and warrant to myFit that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay myFit the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Service. You hereby authorize myFit to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred If you dispute any charges you must let myFit know within sixty (60) days after the date that myFit charges you. We reserve the right to change myFit’s prices. If myFit does change prices, myFit will provide notice of the change on the Site or in email to you, at myFit’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on myFit’s net income.
Fees: To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide myFit information regarding your credit card or other payment instrument. You represent and warrant to myFit that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay myFit the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Service. You hereby authorize myFit to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred If you dispute any charges you must let myFit know within sixty (60) days after the date that myFit charges you. We reserve the right to change myFit prices. If myFit does change prices, myFit will provide notice of the change on the Site or in email to you, at myFit option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on myFit net income.
</p>
<p> Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
</p>
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Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
</p>
<p>
Rewards Program: Your account with myFit may accrue cash rewards in a variety of ways (“Rewards”). You can earn Rewards by changing your mobility behaviour in specific ways as suggested by myFit. The details of the Rewards are set forth on the myFit app and website, and you can track your Rewards in progress in you Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Rewards Program: Your account with myFit may accrue cash rewards in a variety of ways (Rewards). You can earn Rewards by changing your mobility behaviour in specific ways as suggested by myFit. The details of the Rewards are set forth on the myFit app and website, and you can track your Rewards in progress in you Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
r account Rewards page. myFit shall pay you the Rewards, upon request, whenever they accrue at least 1000 points, to be paid out in cash and sent to your bank account listed in your account.
</p>
<p> No Commercial Use: The Service is for your personal use only. Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service
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<p>
Third-Party Distribution Channels </p>
<p>
myFit offers Software applications that may be made available through the Android App Store, Android Marketplace or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third party products and services.
myFit offers Software applications that may be made available through the Android App Store, Android Marketplace or other distribution channels (Distribution Channels). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third party products and services.
</p>
<p>
With respect to Software that is made available for your use in connection with an Android-branded product (such Software, “Android-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
With respect to Software that is made available for your use in connection with an Android-branded product (such Software, Android-Enabled Software), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
</p>
<p>
myFit and you acknowledge that these Terms of Service are concluded between myFit and you only, and not with Android Inc. (“Android”), and that as between myFit and Android, myFit, not Android, is solely responsible for the Android-Enabled Software and the content thereof.
myFit and you acknowledge that these Terms of Service are concluded between myFit and you only, and not with Android Inc. (Android), and that as between myFit and Android, myFit, not Android, is solely responsible for the Android-Enabled Software and the content thereof.
</p>
<p>
@@ -233,7 +235,7 @@
<p>
Android is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Android-Enabled Software to conform to any applicable warranty, you may notify Android, and Android will refund the purchase price for the Android-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Android will have no other warranty obligation whatsoever with respect to the Android-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be myFit’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
Android is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Android-Enabled Software to conform to any applicable warranty, you may notify Android, and Android will refund the purchase price for the Android-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Android will have no other warranty obligation whatsoever with respect to the Android-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be myFit sole responsibility, to the extent it cannot be disclaimed under applicable law.
</p>
<p>
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</p>
<p>
In the event of any third party claim that the Android-Enabled Software or the end-user’s possession and use of that Android-Enabled Software infringes that third party’s intellectual property rights, as between myFit and Android, myFit, not Android, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
In the event of any third party claim that the Android-Enabled Software or the end-users possession and use of that Android-Enabled Software infringes that third party’s intellectual property rights, as between myFit and Android, myFit, not Android, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
</p>
<p>
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
</p>
<p>
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<p>
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by myFit, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by myFit from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of myFit, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by myFit.
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (Service Content) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by myFit, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by myFit from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of myFit, our affiliates and our partners (the Software). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by myFit.
</p>
<p>
@@ -285,7 +287,7 @@
</p>
<p>
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to myFit are non-confidential and myFit will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (Submissions), provided by you to myFit are non-confidential and myFit will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
</p>
<p>
@@ -298,7 +300,7 @@
</p>
<p>
myFit will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to myFit’s Copyright Agent at support@myFit.sg (Subject line: “DMCA Takedown Request”). You may also contact us by mail or facsimile at:
myFit will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to myFit Copyright Agent at support@myFit.com (Subject line: DMCA Takedown Request). You may also contact us by mail or facsimile at:
</p>
<p>
@@ -328,11 +330,11 @@
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; </p>
<p>
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owners behalf.
</p>
<p>
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owners agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
</p>
<p>
@@ -373,7 +375,7 @@
</p>
<p>
You may enable or log in to the Service via various online third-party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and myFit’s use, storage and disclosure of information related to you and your use of such services within myFit (including your friend lists and the like), please see our Privacy Policy. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and myFit shall have no liability or responsibility for the privacy practices or other actions of any third-party site or service that may be enabled within the Service.
You may enable or log in to the Service via various online third-party services, such as social media and social networking services like Facebook or Twitter (Social Networking Services). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and myFit use, storage and disclosure of information related to you and your use of such services within myFit (including your friend lists and the like), please see our Privacy Policy. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and myFit shall have no liability or responsibility for the privacy practices or other actions of any third-party site or service that may be enabled within the Service.
</p>
<p>
@@ -385,7 +387,7 @@
</p>
<p>
You agree to release, indemnify and hold myFit and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
You agree to release, indemnify and hold myFit and its affiliates and their officers, employees, directors and agents (collectively, Indemnitees) harmless from any from any and all losses, damages, expenses, including reasonable attorneys fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
</p>
<p>
@@ -393,7 +395,7 @@
</p>
<p>
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. myFit EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. myFit EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
</p>
<p>
@@ -414,20 +416,22 @@
</p>
<p>
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
</p>
<p>
Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
</p>
<p>
Agreement to Arbitrate
</p>
<p>
This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and myFit, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and myFit are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the Arbitration Agreement. You agree that any and all disputes or claims that have arisen or may arise between you and myFit, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and myFit are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
</p>
<p>
Prohibition of Class and Representative Actions and Non-Individualized Relief
</p>
<p>
YOU AND myFit AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND myFit AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
YOU AND myFit AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND myFit AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSONS OR PARTYS CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
</p>
<p>
Pre-Arbitration Dispute Resolution
@@ -438,7 +442,7 @@
Arbitration Procedures
</p>
<p>
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Associations (AAA) rules and procedures, including the AAAs Consumer Arbitration Rules (collectively, the AAA Rules), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
</p>
<p>
Unless myFit and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, myFit agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
@@ -455,9 +459,11 @@
<p>
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
</p>
Severability
<p>
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.
Severability
</p>
<p>
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled -Prohibition of Class and Representative Actions and Non-Individualized Relief above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled- Prohibition of Class and Representative Actions and Non-Individualized Relief are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.
</p>
<p>
Future Changes to Arbitration Agreement
mermswww/resources/views/terms.blade.php
+41 -34
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@@ -120,16 +120,16 @@
<p>
<span class="tagline">Terms & Condition.</span>
</p>
<p>Last Updated: 02/04/2021 </p>
<p>Last Updated: 02/04/2021 </p>
<p> myFit . ("MERMS myFit") is committed to upholding the privacy rights of individuals. This Privacy Policy explains the collection, use, purpose, and sharing of personally identifiable information ("PII") related to the use of Merms's myFit website https://myfit.mermsemr.com/ , MERMS providing of services to our users ("Partners"), or from our employees. PII does not include information that is anonymized or aggregated, and other information which is excluded from the scope of applicable privacy laws.
</p>
<p>myFit does not require you to register or provide PII to visit our website. By accessing our website or purchasing our services, you agree to this Privacy Policy in addition to any other agreements we might have with you.
</p>
<p> myFit complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of all personal information transferred from the European Union to the United States. </p>
<p> myFit adheres to the Privacy Shield Principles, and is subject to the investigatory and enforcement powers of the Federal Trade Commission. If there is any conflict between the terms in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. </p>
<p>
<p>
myFit. ("MERMS myFit") is committed to upholding the privacy rights of individuals. This Privacy Policy explains the collection, use, purpose, and sharing of personally identifiable information ("PII") related to the use of Merms's myFit website https://myfit.mermsemr.com/, MERMS providing of services to our users ("Partners"), or from our employees. PII does not include anonymized or aggregated information, and other information excluded from the scope of applicable privacy laws. Provides its services (described below) to you through its website located at https://myfit.mermsemr.com/ (the "Site") and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the "Service(s)"), subject to the following Terms of Service (as amended from time to time, the "Terms of Service").
Provides its services (described below) to you through its website located at https://myfit.mermsemr.com/ (the "Site") and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the "Service(s)"), subject to the following Terms of Service (as amended from time to time, the "Terms of Service").
</p>
<p>
ADDITIONAL TERMS
@@ -145,7 +145,9 @@
Our Services may also present you information relating to third-party products or services ("myFit Offers") that you may be interested in. The Services may also provide you with general tips, recommendations and educational material.
</p>
<p>
Access to Third Party Service Accounts: To use certain features of the Services, you may elect to grant myFit access to your accounts with certain third-party platforms for myFit to obtain certain history information about you. myFit will only use this information to provide you with the Services or in an aggregated and anonymized manner to generally improve its products and services. You represent that you are entitled to grant us access for this purpose, without any obligation by myFit to pay any fees or be subject to any restrictions or limitations. Using the Services, you expressly authorize myFit to access your account information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us. When you use the "Add Accounts" feature of the Services, you will be directly connected to the website for the third party you have identified. myFit will submit information including usernames and passwords that you provide to log into the Site. You hereby authorize and permit myFit to use and store the information submitted by you to accomplish the foregoing and configure the Services to be compatible with the third party sites for which you submit your information. For purposes of this Agreement and solely to provide the account information to you as part of the Services, you grant myFit a limited power of attorney, and appoint myFit as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN myFit IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, myFit IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD PARTY SITE. You understand and agree that the Services are not sponsored or endorsed by any third parties accessible through the Services. myFit is not responsible for any payment processing errors or fees or other Services-related issues, including those issues that may arise from inaccurate account information.
Access to Third Party Service Accounts: To use certain features of the Services, you may elect to grant myFit access to your accounts with certain third-party platforms for myFit to obtain certain history information about you. myFit will only use this information to provide you with the Services or in an aggregated and anonymized manner to generally improve its products and services. You represent that you are entitled to grant us access for this purpose, without any obligation by myFit to pay any fees or be subject to any restrictions or limitations. Using the Services, you expressly authorize myFit to access your account information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us. When you use the "Add Accounts" feature of the Services, you will be directly connected to the website for the third party you have identified. myFit will submit information including usernames and passwords that you provide to log into the Site. You hereby authorize and permit myFit to use and store the information submitted by you to accomplish the foregoing and configure the Services to be compatible with the third party sites for which you submit your information. For purposes of this Agreement and solely to provide the account information to you as part of the Services, you grant myFit a limited power of attorney, and appoint myFit as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person.
<p>
YOU ACKNOWLEDGE AND AGREE THAT WHEN myFit IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, myFit IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD PARTY SITE. You understand and agree that the Services are not sponsored or endorsed by any third parties accessible through the Services. myFit is not responsible for any payment processing errors or fees or other Services-related issues, including those issues that may arise from inaccurate account information.
</p>
<p>
@@ -159,23 +161,23 @@
Modifications to Service: myFit reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that myFit will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
</p>
<p>
General Practices Regarding Use and Storage: You acknowledge that myFit may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on myFit’s servers on your behalf. You agree that myFit has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that myFit reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that myFit reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
General Practices Regarding Use and Storage: You acknowledge that myFit may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on myFit servers on your behalf. You agree that myFit has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that myFit reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that myFit reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
</p>
<p>
Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding myFit and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your myFit account information to ensure that your messages are not sent to the person that acquires your old number.
Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the Mobile Services). To the extent you access the Service through a mobile device, your wireless service carrier standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding myFit and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your myFit account information to ensure that your messages are not sent to the person that acquires your old number.
</p>
<p>
Conditions of Use
</p>
<p>
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“Content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by myFit. myFit reserves the right to investigate and take appropriate legal action against anyone who, in myFit’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (Content) that you upload, post, publish or display (hereinafter, upload) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by myFit. myFit reserves the right to investigate and take appropriate legal action against anyone who, in myFit sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
</p>
<p>
email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of myFit, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose myFit or its users to any harm or liability of any type;
email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, junk mail, spam, chain letters, pyramid schemes,contests,sweepstakes, or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of myFit, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose myFit or its users to any harm or liability of any type;
</p>
<p>
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
@@ -184,7 +186,7 @@
<p>impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;</p>
<p> solicit personal information from anyone under the age of 18;
</p>
</p>
<p>harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
@@ -192,7 +194,7 @@
</p>
<p>
Fees: To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide myFit information regarding your credit card or other payment instrument. You represent and warrant to myFit that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay myFit the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Service. You hereby authorize myFit to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred If you dispute any charges you must let myFit know within sixty (60) days after the date that myFit charges you. We reserve the right to change myFit’s prices. If myFit does change prices, myFit will provide notice of the change on the Site or in email to you, at myFit’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on myFit’s net income.
Fees: To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide myFit information regarding your credit card or other payment instrument. You represent and warrant to myFit that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay myFit the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Service. You hereby authorize myFit to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred If you dispute any charges you must let myFit know within sixty (60) days after the date that myFit charges you. We reserve the right to change myFit prices. If myFit does change prices, myFit will provide notice of the change on the Site or in email to you, at myFit option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on myFit net income.
</p>
<p> Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
</p>
@@ -200,7 +202,7 @@
Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
</p>
<p>
Rewards Program: Your account with myFit may accrue cash rewards in a variety of ways (“Rewards”). You can earn Rewards by changing your mobility behaviour in specific ways as suggested by myFit. The details of the Rewards are set forth on the myFit app and website, and you can track your Rewards in progress in you Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Rewards Program: Your account with myFit may accrue cash rewards in a variety of ways (Rewards). You can earn Rewards by changing your mobility behaviour in specific ways as suggested by myFit. The details of the Rewards are set forth on the myFit app and website, and you can track your Rewards in progress in you Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
r account Rewards page. myFit shall pay you the Rewards, upon request, whenever they accrue at least 1000 points, to be paid out in cash and sent to your bank account listed in your account.
</p>
<p> No Commercial Use: The Service is for your personal use only. Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service
@@ -208,13 +210,13 @@
<p>
Third-Party Distribution Channels </p>
<p>
myFit offers Software applications that may be made available through the Android App Store, Android Marketplace or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third party products and services.
myFit offers Software applications that may be made available through the Android App Store, Android Marketplace or other distribution channels (Distribution Channels). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third party products and services.
</p>
<p>
With respect to Software that is made available for your use in connection with an Android-branded product (such Software, “Android-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
With respect to Software that is made available for your use in connection with an Android-branded product (such Software, Android-Enabled Software), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
</p>
<p>
myFit and you acknowledge that these Terms of Service are concluded between myFit and you only, and not with Android Inc. (“Android”), and that as between myFit and Android, myFit, not Android, is solely responsible for the Android-Enabled Software and the content thereof.
myFit and you acknowledge that these Terms of Service are concluded between myFit and you only, and not with Android Inc. (Android), and that as between myFit and Android, myFit, not Android, is solely responsible for the Android-Enabled Software and the content thereof.
</p>
<p>
@@ -232,7 +234,7 @@
<p>
Android is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Android-Enabled Software to conform to any applicable warranty, you may notify Android, and Android will refund the purchase price for the Android-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Android will have no other warranty obligation whatsoever with respect to the Android-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be myFit’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
Android is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Android-Enabled Software to conform to any applicable warranty, you may notify Android, and Android will refund the purchase price for the Android-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Android will have no other warranty obligation whatsoever with respect to the Android-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be myFit sole responsibility, to the extent it cannot be disclaimed under applicable law.
</p>
<p>
@@ -240,13 +242,13 @@
</p>
<p>
In the event of any third party claim that the Android-Enabled Software or the end-user’s possession and use of that Android-Enabled Software infringes that third party’s intellectual property rights, as between myFit and Android, myFit, not Android, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
In the event of any third party claim that the Android-Enabled Software or the end-users possession and use of that Android-Enabled Software infringes that third party’s intellectual property rights, as between myFit and Android, myFit, not Android, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
</p>
<p>
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
</p>
<p>
@@ -268,7 +270,7 @@
<p>
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by myFit, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by myFit from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of myFit, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by myFit.
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (Service Content) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by myFit, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by myFit from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of myFit, our affiliates and our partners (the Software). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by myFit.
</p>
<p>
@@ -284,7 +286,7 @@
</p>
<p>
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to myFit are non-confidential and myFit will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (Submissions), provided by you to myFit are non-confidential and myFit will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
</p>
<p>
@@ -297,7 +299,7 @@
</p>
<p>
myFit will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to myFit’s Copyright Agent at support@myFit.sg (Subject line: “DMCA Takedown Request”). You may also contact us by mail or facsimile at:
myFit will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to myFit Copyright Agent at support@myFit.com (Subject line: DMCA Takedown Request). You may also contact us by mail or facsimile at:
</p>
<p>
@@ -327,11 +329,11 @@
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; </p>
<p>
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owners behalf.
</p>
<p>
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owners agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
</p>
<p>
@@ -372,7 +374,7 @@
</p>
<p>
You may enable or log in to the Service via various online third-party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and myFit’s use, storage and disclosure of information related to you and your use of such services within myFit (including your friend lists and the like), please see our Privacy Policy. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and myFit shall have no liability or responsibility for the privacy practices or other actions of any third-party site or service that may be enabled within the Service.
You may enable or log in to the Service via various online third-party services, such as social media and social networking services like Facebook or Twitter (Social Networking Services). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and myFit use, storage and disclosure of information related to you and your use of such services within myFit (including your friend lists and the like), please see our Privacy Policy. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and myFit shall have no liability or responsibility for the privacy practices or other actions of any third-party site or service that may be enabled within the Service.
</p>
<p>
@@ -384,7 +386,7 @@
</p>
<p>
You agree to release, indemnify and hold myFit and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
You agree to release, indemnify and hold myFit and its affiliates and their officers, employees, directors and agents (collectively, Indemnitees) harmless from any from any and all losses, damages, expenses, including reasonable attorneys fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
</p>
<p>
@@ -392,7 +394,7 @@
</p>
<p>
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. myFit EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. myFit EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
</p>
<p>
@@ -413,20 +415,22 @@
</p>
<p>
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
</p>
<p>
Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
</p>
Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
<p>
Agreement to Arbitrate
</p>
<p>
This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and myFit, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and myFit are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the Arbitration Agreement. You agree that any and all disputes or claims that have arisen or may arise between you and myFit, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and myFit are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
</p>
<p>
Prohibition of Class and Representative Actions and Non-Individualized Relief
</p>
<p>
YOU AND myFit AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND myFit AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
YOU AND myFit AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND myFit AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSONS OR PARTYS CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
</p>
<p>
Pre-Arbitration Dispute Resolution
@@ -437,7 +441,7 @@
Arbitration Procedures
</p>
<p>
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Associations (AAA) rules and procedures, including the AAAs Consumer Arbitration Rules (collectively, the AAA Rules), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
</p>
<p>
Unless myFit and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, myFit agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
@@ -454,9 +458,11 @@
<p>
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
</p>
Severability
<p>
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.
Severability
</p>
<p>
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled -Prohibition of Class and Representative Actions and Non-Individualized Relief above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled- Prohibition of Class and Representative Actions and Non-Individualized Relief are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.
</p>
<p>
Future Changes to Arbitration Agreement
@@ -494,8 +500,9 @@
Questions? Concerns? Suggestions?
Please contact us at support@myFit.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.
myFit . ("MERMS myFit") is committed to upholding the privacy rights of individuals. This Privacy Policy explains the collection, use, purpose, and sharing of personally identifiable information ("PII") related to the use of Merms's myFit website https://myfit.mermsemr.com/ , MERMS providing of services to our users ("Partners"), or from our employees. PII does not include information that is anonymized or aggregated, and other information which is excluded from the scope of applicable privacy laws.</p>
<p> ccc </p>
myFit . ("MERMS myFit") is committed to upholding the privacy rights of individuals. This Privacy Policy explains the collection, use, purpose, and sharing of personally identifiable information ("PII") related to the use of Merms's myFit website https://myfit.mermsemr.com/ , MERMS providing of services to our users ("Partners"), or from our employees. PII does not include information that is anonymized or aggregated, and other information which is excluded from the scope of applicable privacy laws.
</p>
<p> ccc </p>