Chukwumdiebube
1384 lines
77 KiB
JavaScript
1384 lines
77 KiB
JavaScript
/** @format */
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import React from "react";
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import { Link } from "react-router-dom";
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import Bredcrumb from "../Bredcrumb/Main";
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import BGImg from "../../assets/images/bread_crumb_bg.png";
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//import bb from '../../'
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import BGImg1 from "../../assets/images/bread_crumb_bg_one.png";
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import BGImg2 from "../../assets/images/bread_crumb_bg_two.png";
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const Main = ({ brdcum }) => {
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return (
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<>
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<Bredcrumb
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no={1}
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title="Terms & Conditions"
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tag="Terms and conditions of use"
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bgimg={BGImg}
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/>
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<section className="blog_detail_section">
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<div className="container">
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<div className="blog_inner_pannel">
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<div className="info">
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<p>
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myFit . ("MERMS myFit") is committed to upholding the privacy
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rights of individuals. This Privacy Policy explains the
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collection, use, purpose, and sharing of personally identifiable
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information ("PII") related to the use of Merms's myFit website{" "}
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<span>
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<a href="https://myfit.mermsemr.com/">
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https://myfit.mermsemr.com
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</a>
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</span>
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, MERMS providing of services to our users ("Partners"), or from
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our employees. PII does not include information that is
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anonymized or aggregated, and other information which is
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excluded from the scope of applicable privacy laws.
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</p>
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<p>
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myFit does not require you to register or provide PII to visit
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our website. By accessing our website or purchasing our
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services, you agree to this Privacy Policy in addition to any
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other agreements we might have with you. myFit complies with the
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EU-U.S. Privacy Shield Framework as set forth by the U.S.
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Department of Commerce regarding the collection, use, and
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retention of all personal information transferred from the
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European Union to the United States. myFit adheres to the
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Privacy Shield Principles, and is subject to the investigatory
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and enforcement powers of the Federal Trade Commission. If there
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is any conflict between the terms in this Privacy Policy and the
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Privacy Shield Principles, the Privacy Shield Principles shall
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govern. Provides its services (described below) to you through
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its website located at{" "}
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<span>
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<a href="https://myfit.mermsemr.com/">
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https://myfit.mermsemr.com
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</a>
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</span>{" "}
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(the "Site") and through its mobile applications and related
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services (collectively, such services, including any new
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features and applications, and the Site, the "Service(s)"),
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subject to the following Terms of Service (as amended from time
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to time, the "Terms of Service").
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</p>
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{/* Additional Terms */}
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<h3>Additional Terms</h3>
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<p>
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Your use of the Services is at all times subject to our separate
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Terms of Use or such other customer or user agreement between
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myFit and the entity through which you access and use the
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Services, which incorporates this Privacy Policy. We use any
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terms in this Privacy Policy without defining them with the
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definitions given to them in our Terms of Use.
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</p>
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<h4>Access and Use of the Service</h4>
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<p>
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Services Description: Our Services are designed to provide you
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with personal health information platform service that helps you
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to manage the intricacies of your daily and long term health
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activities. It allows you to consolidate, track and optimize
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your health habits. Our Services may include health plan to
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track your health, organizing your prescription, health
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routines. Health tips, help you manage both general and the few
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health questions relevant to you. Health Records. Record you
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control your information. Your health record is yours at all
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point; you decide your provider access as needed from time to
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time. Add family record and determine how you want your
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providers to access your record, including Health Stats that
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collect your health statistics yourself, weight changes, blood
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pressure, blood glucose data, and ensure that your provider is
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creating plans that fit you precisely. We may provide certain
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recommendations based on your health habits. Our Services may
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also present you information relating to third-party products or
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services ("myFit Offers") that you may be interested in. The
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Services may also provide you with general tips, recommendations
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and educational material.
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</p>
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<p>
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Access to Third Party Service Accounts: To use certain features
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of the Services, you may elect to grant myFit access to your
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accounts with certain third-party platforms for myFit to obtain
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certain history information about you. myFit will only use this
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information to provide you with the Services or in an aggregated
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and anonymized manner to generally improve its products and
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services. You represent that you are entitled to grant us access
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for this purpose, without any obligation by myFit to pay any
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fees or be subject to any restrictions or limitations. Using the
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Services, you expressly authorize myFit to access your account
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information maintained by identified third parties, on your
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behalf as your agent, and you expressly authorize such third
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parties to disclose your information to us. When you use the
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"Add Accounts" feature of the Services, you will be directly
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connected to the website for the third party you have
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identified. myFit will submit information including usernames
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and passwords that you provide to log into the Site. You hereby
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authorize and permit myFit to use and store the information
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submitted by you to accomplish the foregoing and configure the
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Services to be compatible with the third party sites for which
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you submit your information. For purposes of this Agreement and
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solely to provide the account information to you as part of the
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Services, you grant myFit a limited power of attorney, and
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appoint myFit as your attorney-in-fact and agent, to access
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third party sites, retrieve and use your information with the
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full power and authority to do and perform each thing necessary
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in connection with such activities, as you could do in person.
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</p>
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{/* Acknowledgments */}
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<p>
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YOU ACKNOWLEDGE AND AGREE THAT WHEN myFit IS ACCESSING AND
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RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, myFit IS
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ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF
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THE THIRD PARTY THAT OPERATES THE THIRD PARTY SITE. You
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understand and agree that the Services are not sponsored or
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endorsed by any third parties accessible through the Services.
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myFit is not responsible for any payment processing errors or
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fees or other Services-related issues, including those issues
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that may arise from inaccurate account information.
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</p>
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<p>
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Your Registration Obligations: You may be required to register
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with myFit to access and use certain Service features. If you
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choose to register for the Service, you agree to provide and
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maintain true, accurate, current and complete information about
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yourself as prompted by the Service's registration form. Our
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Privacy Policy governs registration data and certain other
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information about you. If you are under 13 years of age, you
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cannot use the Service, with or without registering. Also, if
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you are under 18 years old, you may use the Service, with or
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without registering, only with your parent or guardian's
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approval.
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</p>
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<p>
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Member Account, Password and Security: You are responsible for
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maintaining the confidentiality of your password and account, if
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any, and are fully responsible for any activities that occur
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under your password or account. You agree to (a) immediately
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notify myFit of any unauthorized use of your password or account
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or any other breach of security, and (b) ensure that you exit
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from your account at the end of each session when accessing the
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Service. myFit will not be liable for any loss or damage arising
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from your failure to comply with this Section.
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</p>
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<p>
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Modifications to Service: myFit reserves the right to modify or
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discontinue, temporarily or permanently, the Service (or any
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part thereof) with or without notice. You agree that myFit will
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not be liable to you or to any third party for any modification,
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suspension or discontinuance of the Service.
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</p>
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<p>
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General Practices Regarding Use and Storage: You acknowledge
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that myFit may establish general practices and limits concerning
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use of the Service, including without limitation the maximum
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period of time that data or other content will be retained by
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the Service and the maximum storage space that will be allotted
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on myFit servers on your behalf. You agree that myFit has no
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responsibility or liability for the deletion or failure to store
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any data or other content maintained or uploaded by the Service.
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You acknowledge that myFit reserves the right to terminate
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accounts that are inactive for an extended period of time. You
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further acknowledge that myFit reserves the right to change
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these general practices and limits at any time, in its sole
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discretion, with or without notice.
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</p>
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<br />
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<p>
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Mobile Services: The Service includes certain services that are
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available via a mobile device, including (i) the ability to
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upload content to the Service via a mobile device, (ii) the
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ability to browse the Service and the Site from a mobile device
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and (iii) the ability to access certain features through an
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application downloaded and installed on a mobile device
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(collectively, the Mobile Services). To the extent you access
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the Service through a mobile device, your wireless service
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carrier standard charges, data rates and other fees may apply.
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In addition, downloading, installing, or using certain Mobile
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Services may be prohibited or restricted by your carrier, and
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not all Mobile Services may work with all carriers or devices.
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By using the Mobile Services, you agree that we may communicate
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with you regarding myFit and other entities by SMS, MMS, text
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message or other electronic means to your mobile device and that
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certain information about your usage of the Mobile Services may
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be communicated to us. In the event you change or deactivate
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your mobile telephone number, you agree to promptly update your
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myFit account information to ensure that your messages are not
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sent to the person that acquires your old number.
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</p>
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{/* Lists */}
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{/* <ul>
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<li>
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<p>
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{" "}
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<span className="icon">
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<i className="icofont-check-circled"></i>
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</span>{" "}
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Lorem Ipsum is simply dummy text of the printing and
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typesetting in{" "}
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</p>
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</li>
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<li>
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<p>
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{" "}
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<span className="icon">
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<i className="icofont-check-circled"></i>
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</span>{" "}
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Dustry lorem Ipsum has been the industrys standard dummy
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text ev er since the when
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</p>
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</li>
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<li>
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<p>
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{" "}
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<span className="icon">
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<i className="icofont-check-circled"></i>
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</span>{" "}
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Unknown printer took a galley of type and scrambled it to
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make.
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</p>
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</li>
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<li>
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<p>
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{" "}
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<span className="icon">
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<i className="icofont-check-circled"></i>
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</span>{" "}
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Type specimen book. It has survived not only five centuries,
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but also the leap into electronic.
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</p>
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</li>
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<li>
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<p>
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{" "}
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<span className="icon">
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<i className="icofont-check-circled"></i>
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</span>{" "}
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Lorem Ipsum is simply dummy text of the printing.
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</p>
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</li>
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<li>
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<p>
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{" "}
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<span className="icon">
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<i className="icofont-check-circled"></i>
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</span>{" "}
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Dustry lorem Ipsum has been the industrys standard dummy
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text ev er since.
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</p>
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</li>
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<li>
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<p>
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{" "}
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<span className="icon">
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<i className="icofont-check-circled"></i>
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</span>{" "}
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Unknown printer took a galley of type and scrambled it to
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make.
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</p>
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</li>
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<li>
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<p>
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{" "}
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<span className="icon">
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<i className="icofont-check-circled"></i>
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</span>{" "}
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Type specimen book. It has survived not only.
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</p>
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</li>
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</ul> */}
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</div>
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{/* Row for Images */}
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{/* <div className="two_img">
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<div className="row">
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<div className="col-md-6">
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<img
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src="assets/images/blog_sub_01.png"
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alt="image"
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/>
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</div>
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<div className="col-md-6">
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<img
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src="assets/images/blog_sub_02.png"
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alt="image"
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/>
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</div>
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</div>
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</div> */}
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<div className="info">
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<h3>Conditions of Use</h3>
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<p>
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User Conduct: You are solely responsible for all code, video,
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images, information, data, text, software, music, sound,
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photographs, graphics, messages or other materials (Content)
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that you upload, post, publish or display (hereinafter, upload)
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or email or otherwise use via the Service. The following are
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examples of the kind of content and/or use that is illegal or
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prohibited by myFit. myFit reserves the right to investigate and
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take appropriate legal action against anyone who, in myFit sole
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discretion, violates this provision, including without
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limitation, removing the offending content from the Service,
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suspending or terminating the account of such violators and
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reporting you to the law enforcement authorities. You agree to
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not use the Service to email or otherwise upload any content
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that: <br />
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<ul>
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<li>
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<p>
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{" "}
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<span className="icon">
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<i className="icofont-check-circled"></i>
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</span>{" "}
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infringes any intellectual property or other proprietary
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rights of any party;{" "}
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</p>
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</li>
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<li>
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<p>
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{" "}
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<span className="icon">
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<i className="icofont-check-circled"></i>
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</span>{" "}
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you do not have a right to upload under any law or under
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contractual or fiduciary relationships;
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</p>
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</li>
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<li>
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<p>
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{" "}
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<span className="icon">
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<i className="icofont-check-circled"></i>
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</span>{" "}
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contains software viruses or any other computer code,
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files or programs designed to interrupt, destroy or limit
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the functionality of any computer software or hardware or
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telecommunications equipment;
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</p>
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</li>
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<li>
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<p>
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{" "}
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<span className="icon">
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<i className="icofont-check-circled"></i>
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</span>{" "}
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poses or creates a privacy or security risk to any person;
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</p>
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</li>
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<li>
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<p>
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{" "}
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<span className="icon">
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<i className="icofont-check-circled"></i>
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</span>{" "}
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constitutes unsolicited or unauthorized advertising,
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promotional materials, commercial activities and/or sales,
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junk mail, spam, chain letters, pyramid
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schemes,contests,sweepstakes, or any other form of
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solicitation;
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</p>
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</li>
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<li>
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<p>
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{" "}
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<span className="icon">
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<i className="icofont-check-circled"></i>
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</span>{" "}
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is unlawful, harmful, threatening, abusive, harassing,
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tortious, excessively violent, defamatory, vulgar,
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obscene, pornographic, libelous, invasive of another
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privacy, hateful racially, ethnically or otherwise
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objectionable;
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</p>
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</li>
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<li>
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<p>
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{" "}
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<span className="icon">
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<i className="icofont-check-circled"></i>
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</span>{" "}
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in the sole judgment of myFit, is objectionable or which
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restricts or inhibits any other person from using or
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enjoying the Service, or which may expose myFit or its
|
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users to any harm or liability of any type; interfere with
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or disrupt the Service or servers or networks connected to
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the Service, or disobey any requirements, procedures,
|
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policies or regulations of networks connected to the
|
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Service; or violate any applicable local, state, national
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or international law, or any regulations having the force
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of law; impersonate any person or entity, or falsely state
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or otherwise misrepresent your affiliation with a person
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or entity; solicit personal information from anyone under
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the age of 18;
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</p>
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</li>
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</ul>
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harvest or collect email addresses or other contact information
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of other users from the Service by electronic or other means for
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the purposes of sending unsolicited emails or other unsolicited
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communications; advertise or offer to sell or buy any goods or
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services for any business purpose that is not specifically
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authorized; further or promote any criminal activity or
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enterprise or provide instructional information about illegal
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activities; or obtain or attempt to access or otherwise obtain
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any materials or information through any means not intentionally
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made available or provided for through the Service.
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{/* (i) infringes any
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intellectual property or other proprietary rights of any party;
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(ii) you do not have a right to upload under any law or under
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contractual or fiduciary relationships; (iii) contains software
|
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viruses or any other computer code, files or programs designed
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|
to interrupt, destroy or limit the functionality of any computer
|
|
software or hardware or telecommunications equipment; (iv) poses
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or creates a privacy or security risk to any person; (v)
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|
constitutes unsolicited or unauthorized advertising, promotional
|
|
materials, commercial activities and/or sales, junk mail, spam,
|
|
chain letters, pyramid schemes,contests,sweepstakes, or any
|
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other form of solicitation; (vi) is unlawful, harmful,
|
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threatening, abusive, harassing, tortious, excessively violent,
|
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defamatory, vulgar, obscene, pornographic, libelous, invasive of
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another privacy, hateful racially, ethnically or otherwise
|
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objectionable; or (vii) in the sole judgment of myFit, is
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objectionable or which restricts or inhibits any other person
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from using or enjoying the Service, or which may expose myFit or
|
|
its users to any harm or liability of any type; 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 violate any
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applicable local, state, national or international law, or any
|
|
regulations having the force of law; impersonate any person or
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entity, or falsely state or otherwise misrepresent your
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affiliation with a person or entity; solicit personal
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information from anyone under the age of 18; */}
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</p>
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<p>
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|
Fees: To the extent the Service or any portion thereof is made
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|
available for any fee, you will be required to select a payment
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plan and provide myFit information regarding your credit card or
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|
other payment instrument. You represent and warrant to myFit
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|
that such information is true and that you are authorized to use
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the payment instrument. You will promptly update your account
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information with any changes (for example, a change in your
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billing address or credit card expiration date) that may occur.
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You agree to pay myFit the amount that is specified in the
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|
payment plan in accordance with the terms of such plan and this
|
|
Terms of Service. You hereby authorize myFit to bill your
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payment instrument in advance on a periodic basis in accordance
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|
with the terms of the applicable payment plan until you
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terminate your account, and you further agree to pay any charges
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|
so incurred If you dispute any charges you must let myFit know
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within sixty (60) days after the date that myFit charges you. We
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reserve the right to change myFit prices. If myFit does change
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prices, myFit will provide notice of the change on the Site or
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in email to you, at myFit option, at least 30 days before the
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|
change is to take effect. Your continued use of the Service
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|
after the price change becomes effective constitutes your
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|
agreement to pay the changed amount. You shall be responsible
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|
for all taxes associated with the Services other than U.S. taxes
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based on myFit net income.
|
|
</p>
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<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>
|
|
|
|
<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. 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
|
|
</p>
|
|
</div>
|
|
|
|
<div className="info">
|
|
<h3>Third-Party Distribution Channels</h3>
|
|
<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.
|
|
</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:
|
|
</p>
|
|
<ul>
|
|
<li>
|
|
<p>
|
|
{" "}
|
|
<span className="icon">
|
|
<i className="icofont-check-circled"></i>
|
|
</span>{" "}
|
|
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>
|
|
</li>
|
|
<li>
|
|
<p>
|
|
{" "}
|
|
<span className="icon">
|
|
<i className="icofont-check-circled"></i>
|
|
</span>{" "}
|
|
You may not use the Android-Enabled Software in any manner
|
|
that is in violation of or inconsistent with the Usage Rules
|
|
set forth for Android-Enabled Software in, or otherwise be
|
|
in conflict with, the App Store Terms of Service.
|
|
</p>
|
|
</li>
|
|
<li>
|
|
<p>
|
|
{" "}
|
|
<span className="icon">
|
|
<i className="icofont-check-circled"></i>
|
|
</span>{" "}
|
|
Your license to use the Android-Enabled Software is limited
|
|
to a non-transferable license to use the Android-Enabled
|
|
Software on an Android Product that you own or control, as
|
|
permitted by the Usage Rules set forth in the App Store
|
|
Terms of Service.
|
|
</p>
|
|
</li>
|
|
<li>
|
|
<p>
|
|
{" "}
|
|
<span className="icon">
|
|
<i className="icofont-check-circled"></i>
|
|
</span>{" "}
|
|
Android has no obligation whatsoever to provide any
|
|
maintenance or support services with respect to the
|
|
Android-Enabled Software.
|
|
</p>
|
|
</li>
|
|
</ul>
|
|
|
|
<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 sole
|
|
responsibility, to the extent it cannot be disclaimed under
|
|
applicable law.
|
|
</p>
|
|
|
|
<p>
|
|
myFit and you acknowledge that myFit, not Android, is
|
|
responsible for addressing any claims of you or any third party
|
|
relating to the Android-Enabled Software or your possession
|
|
and/or use of that Android-Enabled Software, including, but not
|
|
limited to: (i) product liability claims; (ii) any claim that
|
|
the Android-Enabled Software fails to conform to any applicable
|
|
legal or regulatory requirement; and (iii) claims arising under
|
|
consumer protection or similar legislation.
|
|
</p>
|
|
|
|
<p>
|
|
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 partys
|
|
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.
|
|
</p>
|
|
</div>
|
|
|
|
{/* <div className="quote_block">
|
|
<span className="q_icon">
|
|
<img
|
|
src="assets/images/quote_icon.png"
|
|
alt="image"
|
|
/>
|
|
</span>
|
|
<h2>
|
|
Lorem Ipsum is simply dummy text of the printing and typesetting
|
|
in dustry lorem Ipsum has been the industrys standard dummy.
|
|
</h2>
|
|
<p>
|
|
<span className="name">Mr. John Doe,</span> Apper Inc
|
|
</p>
|
|
</div> */}
|
|
|
|
<div className="info">
|
|
<p>
|
|
If you have any questions, complaints or claims with respect to
|
|
the Android-Enabled Software, they should be directed to myFit
|
|
as follows:
|
|
<br />
|
|
support@mermsemr.com
|
|
</p>
|
|
<p>
|
|
myFit and you acknowledge and agree that Android, and Androids
|
|
subsidiaries, are third-party beneficiaries of these Terms of
|
|
Service with respect to the Android-Enabled Software, and that,
|
|
upon your acceptance of the terms and conditions of these Terms
|
|
of Service, Android will have the right (and will be deemed to
|
|
have accepted the right) to enforce these Terms of Service
|
|
against you with respect to the Android-Enabled Software as a
|
|
third party beneficiary thereof.
|
|
</p>
|
|
|
|
<h3>Intellectual Property Rights</h3>
|
|
|
|
<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.
|
|
</p>
|
|
|
|
<p>
|
|
The myFit name and logos are trademarks and service marks of
|
|
myFit (collectively the myFit Trademarks). Other company,
|
|
product, and service names and logos used and displayed via the
|
|
Service may be trademarks or service marks of their respective
|
|
owners who may or may not endorse or be affiliated with or
|
|
connected to myFit. Nothing in this Terms of Service or the
|
|
Service should be construed as granting, by implication,
|
|
estoppel, or otherwise, any license or right to use any of myFit
|
|
Trademarks displayed on the Service, without our prior written
|
|
permission in each instance. All goodwill generated from the use
|
|
of myFit Trademarks will inure to our exclusive benefit.
|
|
</p>
|
|
|
|
<p>
|
|
Third-Party Material: Under no circumstances will myFit be
|
|
liable in any way for any content or materials of any third
|
|
parties (including users), including, but not limited to, for
|
|
any errors or omissions in any content, or for any loss or
|
|
damage of any kind incurred as a result of the use of any such
|
|
content. You acknowledge that myFit does not pre-screen Content,
|
|
but that myFit and its designees will have the right (but not
|
|
the obligation) in their sole discretion to refuse or remove any
|
|
content that is available via the Service. Without limiting the
|
|
foregoing, myFit and its designees will have the right to remove
|
|
any content that violates these Terms of Service or is deemed by
|
|
myFit, in its sole discretion, to be otherwise objectionable.
|
|
You agree that you must evaluate, and bear all risks associated
|
|
with, the use of any content, including any reliance on the
|
|
accuracy, completeness, or usefulness of such content.
|
|
</p>
|
|
|
|
<p>
|
|
User Content Transmitted Through the Service: With respect to
|
|
the content or other materials you upload through the Service or
|
|
share with other users or recipients (collectively, User
|
|
Content), you represent and warrant that you own all right,
|
|
title and interest in and to such User Content, including,
|
|
without limitation, all copyrights and rights of publicity
|
|
contained therein. By uploading any User Content you hereby
|
|
grant and will grant myFit and its affiliated companies a
|
|
nonexclusive, worldwide, royalty-free, fully paid up,
|
|
transferable, sublicensable, perpetual, irrevocable license to
|
|
copy, display, upload, perform, distribute, store, modify and
|
|
otherwise use your User Content in connection with the operation
|
|
of the Service, in any form, medium or technology now known or
|
|
later developed.
|
|
</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.
|
|
</p>
|
|
|
|
<p>
|
|
You acknowledge and agree that myFit may preserve Content and
|
|
may also disclose Content if required to do so by law or in the
|
|
good faith belief that such preservation or disclosure is
|
|
reasonably necessary to: (a) comply with legal process,
|
|
applicable laws or government requests; (b) enforce these Terms
|
|
of Service; (c) respond to claims that any content violates the
|
|
rights of third parties; or (d) protect the rights, property, or
|
|
personal safety of myFit, its users and the public. You
|
|
understand that the technical processing and transmission of the
|
|
Service, including your content, may involve (a) transmissions
|
|
over various networks; and (b) changes to conform and adapt to
|
|
technical requirements of connecting networks or devices.
|
|
</p>
|
|
|
|
<p>
|
|
Copyright Complaints: myFit respects the intellectual property
|
|
of others, and we ask our users to do the same. If you believe
|
|
that your work has been copied in a way that constitutes
|
|
copyright infringement, or that your intellectual property
|
|
rights have been otherwise violated, you should notify myFit of
|
|
your infringement claim in accordance with the procedure set
|
|
forth below.
|
|
</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 Copyright Agent at support@myFit.com
|
|
(Subject line: DMCA Takedown Request). You may also contact us
|
|
by mail or facsimile at:
|
|
<br />
|
|
support@mermsemr.com
|
|
</p>
|
|
|
|
<p>
|
|
To be effective, the notification must be in writing and contain
|
|
the following information: an electronic or physical signature
|
|
of the person authorized to act on behalf of the owner of the
|
|
copyright or other intellectual property interest; a description
|
|
of the copyrighted work or other intellectual property that you
|
|
claim has been infringed; a description of where the material
|
|
that you claim is infringing is located on the Service, with
|
|
enough detail that we may find it on the Service; your address,
|
|
telephone number, and email address; 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; 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 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:
|
|
<br />
|
|
your physical or electronic signature; identification of the
|
|
content that has been removed or to which access has been
|
|
disabled and the location at which the content appeared before
|
|
it was removed or disabled; a statement that you have a good
|
|
faith belief that the content was removed or disabled as a
|
|
result of mistake or a misidentification of the content; and
|
|
your name, address, telephone number, and email address, a
|
|
statement that you consent to the jurisdiction of the federal
|
|
court located within Northern District of California and a
|
|
statement that you will accept service of process from the
|
|
person who provided notification of the alleged infringement.
|
|
</p>
|
|
<p>
|
|
If a counter-notice is received by the Copyright Agent, myFit
|
|
will send a copy of the counter-notice to the original
|
|
complaining party informing that person that it may replace the
|
|
removed content or cease disabling it in 10 business days.
|
|
Unless the copyright owner files an action seeking a court order
|
|
against the content provider, member or user, the removed
|
|
content may be replaced, or access to it restored, in 10 to 14
|
|
business days or more after receipt of the counter-notice, at
|
|
our sole discretion.
|
|
</p>
|
|
<p>
|
|
Repeat Infringer Policy: In accordance with the DMCA and other
|
|
applicable law, myFit has adopted a policy of terminating, in
|
|
appropriate circumstances and at myFit's sole discretion, users
|
|
who are deemed to be repeat infringers. myFit may also at its
|
|
sole discretion limit access to the Service and/or terminate the
|
|
memberships of any users who infringe any intellectual property
|
|
rights of others, whether or not there is any repeat
|
|
infringement.
|
|
</p>
|
|
</div>
|
|
{/* Third-Parties */}
|
|
<div className="info">
|
|
<h3>Third-Party Websites</h3>
|
|
<p>
|
|
The Service may provide, or third parties may provide, links or
|
|
other access to other sites and resources on the Internet. myFit
|
|
has no control over such sites and resources and myFit is not
|
|
responsible for and does not endorse such sites and resources.
|
|
You further acknowledge and agree that myFit will not be
|
|
responsible or liable, directly or indirectly, for any damage or
|
|
loss caused or alleged to be caused by or in connection with use
|
|
of or reliance on any content, events, goods or services
|
|
available on or through any such site or resource. Any dealings
|
|
you have with third parties found while using the Service are
|
|
between you and the third-party, and you agree that myFit is not
|
|
liable for any loss or claim that you may have against any such
|
|
third party.
|
|
</p>
|
|
</div>
|
|
{/* <div className="blog_authore">
|
|
<div className="authore_info">
|
|
<div className="avtar">
|
|
<img
|
|
src="assets/images/blog_d02.png"
|
|
alt="image"
|
|
/>
|
|
</div>
|
|
<div className="text">
|
|
<h3>Name of App</h3>
|
|
</div>
|
|
</div>
|
|
<div className="social_media">
|
|
<ul>
|
|
<li>
|
|
<Link to="#">
|
|
<i className="icofont-facebook"></i>
|
|
</Link>
|
|
</li>
|
|
<li>
|
|
<Link to="#">
|
|
<i className="icofont-twitter"></i>
|
|
</Link>
|
|
</li>
|
|
</ul>
|
|
</div>
|
|
</div>
|
|
<div className="blog_tags">
|
|
<ul>
|
|
<li className="tags">
|
|
<p>Updated:</p>
|
|
</li>
|
|
<li>
|
|
<span>01-01-2023</span>
|
|
</li>
|
|
</ul>
|
|
</div> */}
|
|
{/* Social Networking Services */}
|
|
<div className="info">
|
|
<h4>Social Networking Services</h4>
|
|
<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 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>
|
|
In addition, myFit is not responsible for the accuracy,
|
|
availability or reliability of any information, content, goods,
|
|
data, opinions, advice or statements made available in
|
|
connection with Social Networking Services. As such, myFit is
|
|
not liable for any damage or loss caused or alleged to be caused
|
|
by or in connection with use of or reliance on any such Social
|
|
Networking Services. myFit enables these features merely as a
|
|
convenience and the integration or inclusion of such features
|
|
does not imply an endorsement or recommendation.
|
|
</p>
|
|
</div>
|
|
|
|
<div className="info">
|
|
<h3>Indemnity and Release</h3>
|
|
<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.
|
|
</p>
|
|
</div>
|
|
|
|
<div className="info">
|
|
<h3>Disclaimer of Warranties</h3>
|
|
<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.
|
|
<br />
|
|
<br />
|
|
myFit MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR
|
|
REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
|
|
SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED
|
|
FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR
|
|
(IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR
|
|
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE
|
|
WILL MEET YOUR EXPECTATIONS.
|
|
</p>
|
|
</div>
|
|
|
|
<div className="info">
|
|
<h3>Limitation of Liability</h3>
|
|
<p>
|
|
YOU EXPRESSLY UNDERSTAND AND AGREE THAT myFit WILL NOT BE LIABLE
|
|
FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY
|
|
DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT
|
|
LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER
|
|
INTANGIBLE LOSSES (EVEN IF myFit HAS BEEN ADVISED OF THE
|
|
POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT,
|
|
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I)
|
|
THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF
|
|
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
|
|
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
|
|
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
|
|
THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
|
|
TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD
|
|
PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE
|
|
SERVICE. IN NO EVENT WILL myFitS TOTAL LIABILITY TO YOU FOR ALL
|
|
DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE
|
|
PAID myFit IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE
|
|
HUNDRED DOLLARS ($100).
|
|
</p>
|
|
<p>
|
|
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF
|
|
CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY
|
|
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF
|
|
THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE
|
|
ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH
|
|
ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR
|
|
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
|
|
</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.
|
|
</p>
|
|
</div>
|
|
<p>
|
|
Dispute Resolution By Binding Arbitration:{" "}
|
|
<b>
|
|
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
|
|
</b>
|
|
</p>
|
|
<div className="info">
|
|
<h3>Agreement to Arbitrate</h3>
|
|
<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.
|
|
</p>
|
|
</div>
|
|
|
|
<div className="info">
|
|
<h4>
|
|
Prohibition of Class and Representative Actions and
|
|
Non-Individualized Relief
|
|
</h4>
|
|
<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 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 PARTYS 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>
|
|
</div>
|
|
|
|
<div className="info">
|
|
<h4>Pre-Arbitration Dispute Resolution</h4>
|
|
<p>
|
|
myFit is always interested in resolving disputes amicably and
|
|
efficiently, and most customer concerns can be resolved quickly
|
|
and to the customer's satisfaction by emailing customer support
|
|
at support@mymyFit.com. If such efforts prove unsuccessful, a
|
|
party who intends to seek arbitration must first send to the
|
|
other, by certified mail, a written Notice of Dispute
|
|
("Notice"). The Notice to myFit should be sent to 1070 Cresta
|
|
Way, Unit 2, San Rafael, CA 94903 ("Notice Address"). The Notice
|
|
must (i) describe the nature and basis of the claim or dispute
|
|
and (ii) set forth the specific relief sought. If myFit and you
|
|
do not resolve the claim within sixty (60) calendar days after
|
|
the Notice is received, you or myFit may commence an arbitration
|
|
proceeding. During the arbitration, the amount of any settlement
|
|
offer made by myFit or you shall not be disclosed to the
|
|
arbitrator until after the arbitrator determines the amount, if
|
|
any, to which you or myFit is entitled.
|
|
</p>
|
|
</div>
|
|
|
|
<div className="info">
|
|
<h4>Arbitration Procedures</h4>
|
|
<p>
|
|
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 AAAs 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.
|
|
<br />
|
|
<br />
|
|
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.
|
|
</p>
|
|
</div>
|
|
|
|
<div className="info">
|
|
<h4>Costs of Arbitration</h4>
|
|
<p>
|
|
Payment of all filing, administration, and arbitrator fees
|
|
(collectively, the Arbitration Fees) will be governed by the AAA
|
|
Rules, unless otherwise provided in this Arbitration Agreement.
|
|
If the value of the relief sought is $75,000 or less, at your
|
|
request, myFit will pay all Arbitration Fees. If the value of
|
|
relief sought is more than $75,000 and you are able to
|
|
demonstrate to the arbitrator that you are economically unable
|
|
to pay your portion of the Arbitration Fees or if the arbitrator
|
|
otherwise determines for any reason that you should not be
|
|
required to pay your portion of the Arbitration Fees, myFit will
|
|
pay your portion of such fees. In addition, if you demonstrate
|
|
to the arbitrator that the costs of arbitration will be
|
|
prohibitive as compared to the costs of litigation, myFit will
|
|
pay as much of the Arbitration Fees as the arbitrator deems
|
|
necessary to prevent the arbitration from being
|
|
cost-prohibitive. Any payment of attorneys fees will be governed
|
|
by the AAA Rules.
|
|
</p>
|
|
</div>
|
|
|
|
<div className="info">
|
|
<h4>Confidentiality</h4>
|
|
<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>
|
|
</div>
|
|
|
|
<div className="info">
|
|
<h4>Severability</h4>
|
|
<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>
|
|
</div>
|
|
|
|
<div className="info">
|
|
<h4>Future Changes to Arbitration Agreement</h4>
|
|
<p>
|
|
Notwithstanding any provision in this Terms of Service to the
|
|
contrary, myFit agrees that if it makes any future change to
|
|
this Arbitration Agreement (other than a change to the Notice
|
|
Address) while you are a user of the Services, you may reject
|
|
any such change by sending myFit written notice within thirty
|
|
(30) calendar days of the change to the Notice Address provided
|
|
above. By rejecting any future change, you are agreeing that you
|
|
will arbitrate any dispute between us in accordance with the
|
|
language of this Arbitration Agreement as of the date you first
|
|
accepted these Terms of Service (or accepted any subsequent
|
|
changes to these Terms of Service).
|
|
</p>
|
|
</div>
|
|
|
|
<div className="info">
|
|
<h3>Termination</h3>
|
|
<p>
|
|
You agree that myFit, in its sole discretion, may suspend or
|
|
terminate your account (or any part thereof) or use of the
|
|
Service and remove and discard any content within the Service,
|
|
for any reason, including, without limitation, for lack of use
|
|
or if myFit believes that you have violated or acted
|
|
inconsistently with the letter or spirit of these Terms of
|
|
Service. Any suspected fraudulent, abusive or illegal activity
|
|
that may be grounds for termination of your use of Service, may
|
|
be referred to appropriate law enforcement authorities. myFit
|
|
may also in its sole discretion and at any time discontinue
|
|
providing the Service, or any part thereof, with or without
|
|
notice. You agree that any termination of your access to the
|
|
Service under any provision of this Terms of Service may be
|
|
effected without prior notice, and acknowledge and agree that
|
|
myFit may immediately deactivate or delete your account and all
|
|
related information and files in your account and/or bar any
|
|
further access to such files or the Service. Further, you agree
|
|
that myFit will not be liable to you or any third party for any
|
|
termination of your access to the Service.
|
|
</p>
|
|
</div>
|
|
|
|
<div className="info">
|
|
<h3>User Disputes</h3>
|
|
<p>
|
|
You agree that you are solely responsible for your interactions
|
|
with any other user in connection with the Service and myFit
|
|
will have no liability or responsibility with respect thereto.
|
|
myFit reserves the right, but has no obligation, to become
|
|
involved in any way with disputes between you and any other user
|
|
of the Service.
|
|
</p>
|
|
</div>
|
|
|
|
<div className="info">
|
|
<h3>General</h3>
|
|
<p>
|
|
These Terms of Service constitute the entire agreement between
|
|
you and myFit and govern your use of the Service, superseding
|
|
any prior agreements between you and myFit with respect to the
|
|
Service. You also may be subject to additional terms and
|
|
conditions that may apply when you use affiliate or third-party
|
|
services, third-party content or third party software. These
|
|
Terms of Service will be governed by the laws of the State of
|
|
California without regard to its conflict of law provisions.
|
|
With respect to any disputes or claims not subject to
|
|
arbitration, as set forth above, you and myFit agree to submit
|
|
to the personal and exclusive jurisdiction of the state and
|
|
federal courts located within San Francisco County, California.
|
|
The failure of myFit to exercise or enforce any right or
|
|
provision of these Terms of Service will not constitute a waiver
|
|
of such right or provision. If any provision of these Terms of
|
|
Service is found by a court of competent jurisdiction to be
|
|
invalid, the parties nevertheless agree that the court should
|
|
endeavor to give effect to the parties intentions as reflected
|
|
in the provision, and the other provisions of these Terms of
|
|
Service remain in full force and effect. You agree that
|
|
regardless of any statute or law to the contrary, any claim or
|
|
cause of action arising out of or related to use of the Service
|
|
or these Terms of Service must be filed within one (1) year
|
|
after such claim or cause of action arose or be forever barred.
|
|
A printed version of this agreement and of any notice given in
|
|
electronic form will be admissible in judicial or administrative
|
|
proceedings based upon or relating to this agreement to the same
|
|
extent and subject to the same conditions as other business
|
|
documents and records originally generated and maintained in
|
|
printed form. You may not assign this Terms of Service without
|
|
the prior written consent of myFit, but myFit may assign or
|
|
transfer this Terms of Service, in whole or in part, without
|
|
restriction. The section titles in these Terms of Service are
|
|
for convenience only and have no legal or contractual effect.
|
|
Notices to you may be made via either email or regular mail. The
|
|
Service may also provide notices to you of changes to these
|
|
Terms of Service or other matters by displaying notices or links
|
|
to notices generally on the Service.
|
|
</p>
|
|
<p>
|
|
Your Privacy At myFit, we respect the privacy of our users. For
|
|
details please see our Privacy Policy. By using the Service, you
|
|
consent to our collection and use of personal data as outlined
|
|
therein. To the extent you use the myFit services and access
|
|
your third party bank accounts, you also agree to the terms of
|
|
our provider Salt Edge located here: Salt Edge End User License
|
|
Agreement.
|
|
</p>
|
|
<p>
|
|
Notice for California Users Under California Civil Code Section
|
|
1789.3, users of the Service from California are entitled to the
|
|
following specific consumer rights notice: The Complaint
|
|
Assistance Unit of the Division of Consumer Services of the
|
|
California Department of Consumer Affairs may be contacted in
|
|
writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA
|
|
95834, or by telephone at (916) 445-1254 or (800) 952-5210. You
|
|
may contact us at myFit, Inc., 1070 Cresta Way, Unit 2, San
|
|
Rafael, CA 94903. +1.917.362.8893 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{" "}
|
|
<span>
|
|
<a href="https://myfit.mermsemr.com/">
|
|
https://myfit.mermsemr.com
|
|
</a>
|
|
</span>
|
|
, 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>
|
|
</div>
|
|
</div>
|
|
</div>
|
|
</section>
|
|
</>
|
|
);
|
|
};
|
|
|
|
export default Main;
|