LBWEB TERMS OF SERVICE FOR END USERS
Last Updated June 2018
These Terms of Service for End Users (hereinafter referred to as the “Terms“) apply to any use by an individual end user of any of the following services (collectively, the “Service”): (i) InBody’s body composition analysis devices, including, but not limited to the professional devices found at the Analysis Facility, and its accessories. Including home use and wearable body composition analysis (the “Products“); (ii) InBody provided applications that give access to the End User to view, add, update, or delete data (collectively, the “App“); (iii) InBody data management websites and/or an extension of such website(s), including, but not limited to, (https://can.lookinbody.com) and the LookinBody App (the “Site”); (iv) the data, analyses and other content contained in, or collected, processed, analyzed, generated or delivered by a Product, the App, or the Site, including without limitation, any body composition information, text, graphs, calculations, copy, audio, video, photographs, illustrations, images, graphics and other visuals (the “InBody Content“); and (v) other related InBody products and/or services. In these Terms, the words “JEDCO”, “we“, “us” and “our” refers to InBody contracted Canadian Distributor, JEDCO Inc. The words “you” and “your” and “End User” refers to an individual, patient or a customer who receives use of the Product, Service, or the App. A “Facility User” is an employee, a representative or a staff member of the Analysis Facility. Different levels of access to the Site are provided to different accounts of the Facility, such as the Facility Admin has a higher level of authority than the Staff member, who is sub-tier account to the Admin account with limited access to the Site.
We reserve the right to amend all, or any portion of these Terms of Service at any time. If we make minor changes to the Terms without materially changing your rights, we will post the modified Terms on the Site. We will notify you by email, through the Service, and/or by presenting you with the new Terms if we make a modification that materially changes your rights, or where required by applicable law to provide 30 days’ notice of any amendments to these Terms. Where required by law, this notice shall set out the new clause, or the amended clause and how it read formerly, and the date on which the change will come into effect. You may refuse the amendment and rescind, or cancel your participation without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than thirty (30) days after the amendment comes into force, using the information in the notice. When you use the Service after a modification is posted, you are telling us that you accept the modified Terms.
YOU REPRESENT, ACKNOWLEDGE AND AGREE THAT YOU HAVE REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE, OR THAT YOU HAVE YOUR PARENT OR LEGAL GUARDIAN’S PERMISSION TO AGREE TO THESE TERMS, AND YOUR PARENT OR LEGAL GUARDIAN’S AGREEMENT TO THESE TERMS.
- Registered User Rights and Account Administration
- Subject to these Terms, JEDCO and InBody grant you the non-exclusive, non-transferable, revocable, limited right to access and use the Service to access and view InBody Content (including as related to your body composition data obtained through a Product) solely for your personal, non-commercial use. You also have the right to modify, download and save InBody Content for your personal use. In order to gain full access and use of the Service, you must create an account and register as a user through the InBody App. For greater certainty, as an End User you will only have access to your own identifiable body composition data, not that of other End Users, except that Facility Users may have access to the information of End Users associated with their Analysis Facility.
- The InBody Content is provided to you for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, cure or recommendations of any kind. You should always seek the advice of your qualified heath care professional with any questions or concerns you may have regarding your individual needs and any medical conditions.
- To link your InBody professional device results with rest of the Products’ results you must input the same phone number for all of the Products. This allows all of your results to be linked using one User ID/phone number. You may only have one account registered with one phone number. Understand that you may not be able to gather and view all of your results from different Services if you use multiple accounts. If you change your phone number you have the option to update your phone number on the App or you can create a new account. When you update your phone number on the App, your data is automatically linked to your new phone number. If you register for a new account with your new phone number, you may consult your Facility User to transfer your old facility data to your new account. You are not permitted to gain access or attempt to gain access to any part of the Service that requires user registration if you are not a registered user. In order to become a registered user, you will need a password. You choose your own password, (in accordance with any requirements established by us), for the InBody App which must be used with your telephone number when logging onto the App. The password is personal, and you must not transfer it or in other ways make it available to others. To reset your password for the App, we may send you an email with a temporary password. It is your responsibility to ensure that the password does not fall into the hands of a third party. You are responsible for all activity that takes place under your account. If you become aware that the password is or may have been compromised, you are obligated to inform us at firstname.lastname@example.org. We are not responsible for your failure to comply with this clause, or for any delay in shutting down your account after you have reported a breach of security to us.
- JEDCO and InBody is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. At our sole and absolute discretion, we can change your password or otherwise prevent access to your account if we believe there is a risk that the password has been compromised or is used in violation of the Terms.
- You may elect to disable and/or request the deletion of your account pursuant to the Term and Termination section of these Terms.
2. Accuracy of the Information
- You have the option to manually input your results that you attained at the Analysis Facility. This option is available for you to gather all of your test results and track them from the App. You can manually input only the test results, not the personal data. Your manually inputted test results will be processed by your personal information active on the App. Make sure that your personal information, such as your height, weight, gender etc. is up to date on all Products for most accurate results. Manually inputted results and/or personal information on the App will not have an impact on the professional device results or previous test results.
- Wearable Product, manually inputted test results, and home use Product results are based on the personal information you input in the App. InBody’s results derive from the personal information such as height, weight, age, and gender. Slight changes to any of these data sets can shift your results profoundly. Understand that the wearable Product, home use Product, professional Product, and the App are different platforms. Changes to your personal information need to be updated accordingly and individually on each of these Services, with the consultation of your Analysis Facility, if applicable.
3. User Representations, Warranties, Restrictions and Obligations
- You are entitled to use the Product and the App only if: 1. you have used a Product at a facility (an “Analysis Facility“) that collected certain body composition information about you using a Product pursuant to a separate agreement between you and the Analysis Facility, or 2. if you are using a Product that you have acquired for personal or home use.
- You are responsible for all data that is inputted into the Product by you pursuant to your use of the Product, including the data that is transmitted through the Service. You represent and warrant that all data provided by you through the Product or the App for processing or analysis is correct and true.
- The ranking feature is available for you to share the steps and scores you record or achieve using the Services with your friends and family who also have the App and have this feature turned on. To use this feature, you must allow the App to access to your contact list. The default is ‘private to all’ which can be changed by selectively choosing individuals on your contact list who use the also App and with whom you wish to share your Scores and/or Steps or make it ‘public to all’ to share information with everyone (everyone on your contact list who have the App and this feature turned on. You may also share your scores and steps with people who do not have the InBody App by selecting the sharing feature to send an electronic message. You are responsible for any information you may share with your friends and family through the App. We are not liable for any activity that may arise from the shared data, including but not limited to the accuracy of the information, the reliability of the user of the information, and any decision made based on the shared information, or any harm, loss, or damage, including embarrassment you experience as a result of your sharing this data.
- Except for exporting, downloading, copying or printing a copy of your own body composition data and analysis for personal use, and editing your personal information, you will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the InBody Content or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by JEDCO or InBody or their licensors, except for the licenses and rights expressly granted in these Terms.
- You may not perform, attempt to perform or encourage or assist others in performing any of the following while accessing or using or with respect to the Service: (1) use, display, mirror or frame the Service or any individual element within the Service, JEDCO and InBody Content, JEDCO’s and InBody’s name, any JEDCO and InBody trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without JEDCO and InBody’s prior express written consent; (2) access or tamper with non-public areas of the Service or the InBody Content, JEDCO’s and InBody’s computer systems or the technical delivery systems of JEDCO’s and InBody’s service providers; (3) test the vulnerability of any JEDCO and InBody system or breach any security or authentication measures; (4) circumvent any technological measure implemented by JEDCO and InBody or any of JEDCO’s and InBody’s service providers or any other third party (including another user or Analysis Facility) to protect the Service or InBody Content; (5) access the Service or JEDCO and InBody Content through the use of any mechanism other than through the use of the Service; or (6) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that InBody provides to you or any other part of the Service.
- You warrant and agree that, while using the Service, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Service’s content, materials or redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Service. You shall not: (i) engage in spidering, “screen scraping”, “database scraping”, harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Site or the Service, including without limitation any information residing on any server or database connected to the Site or Service; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Site or Service in any manner with the intent to interrupt, damage, disable, overburden, or impair the Service, any of our websites, any other websites, or the internet, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Services in violation of JEDCO’s, InBody’s or any third party’s intellectual property or other proprietary or legal rights; (v) misuse the App and/or its coach feature for unauthorized purposes that do not associate with the Services and comply with these Terms; or (vi) use the Service in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Service, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Site or the Service. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Service.
- Your licence to us for Your Content. By using the Services and providing us with Your Content, you (and your parent or legal guardian on your behalf, if you are under the age of majority in your jurisdiction of residence) hereby: (i) grant to us a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from, Your Content (in any format or media); and (ii) waive all moral rights in and to all of Your Content in favor of Company and anyone authorized by us. For greater certainty, this applies to body composition information and the name and logos of Analysis Facilities only to the extent needed for us to provide, test, or improve the Services or to develop new products and/or services.
4. Relationship with Analysis Facility
- You acknowledge and agree that any Analysis Facility at which you used the Services is an independent third party, and is not an affiliate, employee, partner, joint venturer, representative or agent of JEDCO or InBody. You acknowledge and agree that the Analysis Facility is solely responsible for any and all opinions, advice, analyses, statements, procedures, recommendations or other information (collectively, the “Materials“) provided by the Analysis Facility to you, including, without limitation, Materials arising out of, related to or in connection with body composition data or analyses obtained through the Service or the App or otherwise, and information relating to health, nutrition, diet or exercise, and any decisions you make or refrain from making relying on any of the Materials. We are not in any way responsible for such Materials. Neither JEDCO, nor InBody have not reviewed and do not endorse or recommend any Materials provided to you by any Analysis Facility. Under no circumstances shall either JEDCO or InBody be responsible for any loss or damage resulting from your reliance on any Materials provided to you by any Analysis Facility. Reliance on such Materials is solely at your own risk. You acknowledge and agree that any Analysis Facility at which you used the Services is an independent third party, and is not an affiliate, employee, partner, joint venture, representative or agent of JEDCO or InBody.
- If you have used the Services at an Analysis Facility, you understand and agree that the Analysis Facility at which you used the Services will have access to all InBody Content about you through the Service, including the data generated by the wearable device. In addition, the Analysis Facility has the ability to review, analyze, edit, modify, delete and make comments on the Site about your InBody Content that was acquired at that Analysis Facility, without prior notice to you or us. You hereby give your consent and authorization for us to provide the InBody Content about you to such Analysis Facility and provide the Analysis Facility with the ability to review, analyze, edit, modify, delete and make comments to the InBody Content. You acknowledge and agree that the Analysis Facility is solely responsible for any and all use of the InBody Content provided to the Analysis Facility. Under no circumstances shall JEDCO or InBody be responsible for any use of such data, analyses or other InBody Content by an Analysis Facility.
- If you have used the Services at an Analysis Facility, you and the Facility User(s) of that Analysis Facility are responsible for any correspondence between you and the Analysis Facility. A Facility User may be assigned to you by the Facility Admin after consulting your goals with you, and you may be able to communicate with this Facility User through features available on the App (“Coach”). Any issue that may arise from the Coach Feature or any other communication with the Facility User or Analysis Facility must be discussed with the Analysis Facility, and not JEDCO or InBody. You are responsible for any media, content, statements, comments, conversations and/or data you share with the Analysis Facility. We are not liable for any activities that may compromise any personal information and/or the chat history you share with the Analysis Facility regardless of whether you do so through the Services. The purpose of the Coach Feature that may be available in the App is for End Users and Facility Users to share and encourage beneficial body composition behavior, any other purpose is not warranted or supported by JEDCO and/or its affiliates.
- Any contact that you may have with the Analysis Facility is administered by the Analysis Facility administration who has control over the assignment of any Facility User to you. A Facility User should be assigned to you with your verbal consent and consultation and any issue that may arise from the Facility User’s correspondence with you should be raised with the Facility Admin.
- You may, call, send and receive media, text messages, memos and set alarms and schedules. To use any and all of these features, you have to give permission to each one of them individually. You may also retract your permission for any one of these functions by adjusting the settings of your phone. Any content that is shared between you and the Analysis Facility is not administered by us, but we may surveil it at any time if you ask to do so and/or for law enforcement reasons.
- You also have the option to stop chat with the Facility User from the App. When you stop the chat with the Facility User, the chat history including exchanged media is accessible, but the Facility User can longer send and/or receive messages within the application. You also have the option to exit the chat room, in which case your chat history and media becomes non-retrievable, to you. If the Facility User reinitiates the chat after you exit, a new chat room will open in your App.
- If the Analysis Facility uses the Coach Feature they are responsible for securing any and all consents from you, necessary for them to do so in compliance with the applicable law.
- We may also provide aggregated, de-identified data derived from InBody Content related to your use of a Product to other Analysis Facilities, even if you did not use a Product at such Analysis Facilities, for use in contests or challenges or for other purposes. You hereby give your consent and authorization for us to provide such aggregated, de-identified data to such other Analysis Facilities or to use it for any other purpose. You acknowledge and agree that such other Analysis Facilities are solely responsible for any and all use of such aggregate de-identified data. Under no circumstances shall JEDCO or InBody be responsible for any use of such aggregate de-identified data by such other Analysis Facilities.
- Any contests, events and other promotions sponsored by an Analysis Facility or its partners is the sole responsibility of such Analysis Facility, and we are not in any way responsible for such contests, events or promotions. Under no circumstances shall JEDCO or InBody be responsible for any loss or damage resulting from your participation in Analysis Facility sponsored contests, events or promotions and your participation in such contests, events or promotions is solely at your own risk.
5. JEDCO and InBody’s Rights
- We are entitled at any time, without notice, to delete, disable or change your account and/or your right to access and use the Service in the event of your violation or suspected violation of these Terms or applicable law. If we delete your account, you will no longer have access to the Service. If we delete your account, we reserve the right to delete any InBody Content, Your Content and other data regarding you that may be saved through the Service.
- The InBody Content and the Services, including all underlying technology and intellectual property rights embodied therein, are and remain our sole and exclusive property. If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by InBody, or obtained from sources other than you.
- The InBody Content, the Service and their underlying technology are protected by copyright, trademark, patent, intellectual property and other applicable laws of the United States, Canada, and foreign countries.
- Any commercial or promotional distribution, publishing or exploitation of the Services, or any content, code, data or materials on the Services, is strictly prohibited unless you have received the express prior written permission of InBody, in which case these Terms no longer apply to you. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Services. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Services, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading any material from or through the Services. If you make other use of the Services, or the InBody Content, code, data or materials thereon or available through the Services, except as otherwise provided in these Terms or with the express prior written permission of InBody, you may violate copyright and other laws of the United States, Canada and foreign countries, as well as applicable local laws and may be subject to liability for such unauthorized use.
- We are not obligated to monitor access or use of the Service, InBody Content, or to review or edit any InBody Content, but we have the right to do so for the purposes of: i) operating the Service, ii) responding to a request of an Analysis Facility, iii) to ensure compliance with these Terms, and iv) to comply with applicable law or other legal requirements. We may disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable access to the Service or any InBody Content at any time and without notice, and at our sole and absolute discretion, if we determine that the InBody Content or your use of the Service is unlawful, objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Service.
- Additional terms and conditions may apply to contests and other promotions sponsored by InBody. It is your responsibility to carefully review those terms and conditions.
- We may at any time, in our own discretion and without notice, close, change, discontinue or reorganize any feature of component of Service (including the Site). We are not liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Service (including the Site). We reserve the right to determine the timing and content of software updates and/or upgrades to the Service (including without limitation the Site), which may be automatically downloaded and installed by InBody without further prior notice to you.
- TO THE FULLEST EXTENT PERMITTED BY THE APLICABLE LAW, THE INBODY CONTENT, AND SERVICES ARE PROVIDED “AS IS”, AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, INBODY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES MAY BE MODIFIED, UPDATED, INTERRUPTED, SUSPENDED OR DISCONTINUED AT ANY TIME WITHOUT NOTICE OR LIABILITY.
- WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER INBODY NOR JEDCO MAKE ANY REPRESENTATION OR WARRANTY THAT: (I) THE SERVICES WILL BE COMPATIBLE WITH YOUR DEVICE AND SOFTWARE; (II) THE SERVICES WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE SERVICES WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE SERVICES WILL BE SECURE; (V) THE USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE SERVICES WILL NOT CAUSE ANY DAMAGE TO YOUR DEVICE, SYSTEMS, SOFTWARE OR ELECTRONIC FILES.
- COMMENTS OR OPINIONS EXPRESSED ON THE SERVICES ARE THOSE OF THEIR RESPECTIVE USERS ONLY. THE VIEWS EXPRESSED ON THE SERVICES AND IN USER CONTENT DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF INBODY OR JEDCO. NEITHER INBODY NOR JEDCO ARE RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY IN RELATION TO, THE USER CONTENT POSTED, UPLOADED OR OTHERWISE SUBMITTED TO OR THROUGH THE SERVICES.
- ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SERVICES ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED. THE INFORMATION ON THE SERICCES IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
- Neither JEDCO nor InBody makes any representation or warranty that the InBody Content, Service or Site will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Neither JEDCO nor InBody makes any warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Service or any InBody Content. You acknowledge and agree that if you rely on any InBody Content or the Service, you do so solely at your own risk.
7. Limitation of Liability
- TO THE FULLEST EXTENT PERMITTED BY THE APLICABLE LAW, NEITHER JEDCO NOR INBODY, THEIR RESPECTIVE SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE, SHALL BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR DAMAGES FOR THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING (I) LOSS OF PROFITS, CONTRACTS, TURNOVER, BUSINESS, BUSINESS OPPORTUNITY, LOSS OR CORRUPTION OF DATA OR RECOVERY OF DATA, GOODWILL, SECURITY BREACH, ANTICIPATED SAVINGS OR REVENUE (REGARDLESS OF WHETHER ANY OF THESE ARE DIRECT, INDIRECT OR CONSEQUENTIAL) (II) ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH LIABILITIES TO THIRD PARTIES (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL) OR (III) ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE WHATSOEVER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
- IN NO EVENT WILL JEDCO’S OR INBODY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO INBODY FOR USE OF THE SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO INBODY, AS APPLICABLE.
- THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INBODY AND YOU.
- You will indemnify and hold harmless JEDCO and InBody and their respective officers, directors, shareholders, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with (i) your access to or use of the Service, (ii) your breach of any representations, warranties or agreements made by you hereunder or (iii) your breach of any other provision of these Terms. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
9. Term and Termination
- To delete your account and the linked data at the Analysis Facility, you must request the Facility User for the deletion. Personal Information including the test results are in Facility’s custody and control, thus permanent deletion must be authorized by the Facility.
- To delete your account and the linked data from the App, you may withdraw your account on the App. When you withdraw your account, your personal information along with manually inputted test results, band results, home use device results and any other device’s results that are associated with the App will be deleted. Understand that withdrawal of the account from the App does not mean that the data will be deleted from the Analysis Facility as well. Withdrawal applies to the Services provided through the App. The personal information inputted at an Analysis Facility and the test results saved with the Analysis Facility are not controlled by us and may still be active. To request the Analysis Facility to delete data, you must make a request to the Facility User. We do not have the authority to delete data from the Analysis Facility.
- Your Personal Information is aggregated after 10 years of inactivity from the App AND the Product. The aggregation will occur only when both of these requirements are met. Inactivity is defined by the last time you logged in on the App and usage of the Product is defined with the last time you took a test on the professional device. If both of these terms are applicable to you for 10 years, your data will be aggregated.
- We may, at our sole and absolute discretion, or at the request of the Analysis Facility where you used the Service, terminate your right to access and use the Service or cancel your account, at any time for any reason or no reason without notice or liability to you. If we do so, any rights granted to you herein will immediately cease.
- You agree and acknowledge that subject to the applicable law, the Analysis Facility where you used the Services has the ability to modify and/or delete your profile on the Analysis Facility’s account and/or any InBody Content or User Content related to you in custody and control of the Analysis Facility.
- You agree and acknowledge that the Analysis Facility may contact you (with your additional verbal consent) through the Services provided, solely for the purpose of individualizing your experience with the InBody Devices.
- Your license to use the Service through a mobile App is subject to agreements we have with the Analysis Facility at which you used a Product, which may include payment of fees by the Analysis Facility and compliance with the terms of service applicable to the Analysis Facility. If the Analysis Facility defaults in payment of fees to us or otherwise breaches the terms of service applicable to the Analysis Facility, we have the right to suspend your ability to use the Service through the mobile App until such default or breach by the Analysis Facility is cured to our satisfaction.
- Subject to applicable law, upon any termination, discontinuation or cancellation of the Service or your account, we may delete InBody Content related to you, your User Content and other information related to your account.
- Upon any termination, discontinuation or cancellation of the Service or your account, the following provisions of these Terms shall survive: User Representations, Warranties, Restrictions and Obligations; Relationship with Analysis Facility; InBody’s Rights; Disclaimers; Limitation of Liability; Indemnity; Term and Termination; Dispute Resolution; and General Terms.
- 9.10.Upon termination, discontinuation, or cancellation of the Service or your account, all contact with the Analysis Facility through the Service may end. Any contact between the partisan End User and an Analysis Facility after cancellation of the Service is not the responsibility of JEDCO or InBody.
- This Section 10 applies to the fullest extent permitted to the applicable law and does not apply to individual consumers resident in the province of Quebec where prohibited by the Quebec Consumer Protection Act.
- Governing Law: The Terms and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein without regard to its conflict of laws principles. These Terms are deemed to be entered and the Services provided in the Province of Ontario.
- Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against InBody, you agree to try to resolve the Dispute informally by contacting Info@inbodycanada.ca. We’ll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or InBody may bring a formal proceeding.
- We both agree to arbitrate: You and InBody agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
- Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting Info@inbodycanada.ca within 30 days of first accepting these Terms and stating that you (include your first and last name) decline this arbitration agreement.
- Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Consumer Arbitration Rules. The arbitration will be held in Los Angeles County, California, or any other location we agree to. Because appearing in person for arbitration can be unduly burdensome in some circumstances, arbitration under this agreement shall not require any personal appearance by the parties or witnesses unless mutually agreed. Either or both parties may participate by written submissions, telephone calls, or other means of remote communication as allowed by the arbitrator.
- Arbitration Fees: The AAA rules will govern payment of all arbitration fees. InBody will pay all arbitration fees for claims less than $75,000. InBody will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
- Exceptions to Agreement to Arbitrate: Either you or InBody may assert claims, if they qualify, in small claims court in Los Angeles County. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.
- No Class Actions: You may only resolve Disputes with InBody on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed under our agreement.
- Judicial Forum for Disputes: In the event that the agreement to arbitrate is found not to apply to you or your claim, you and InBody agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Los Angeles County, California. Both you and InBody consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
- Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
11.Copyright Dispute Policy
- We respect the intellectual property rights of others and expect our users to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who repeatedly infringe the copyrights of others. If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, and believe that any material available on or through the InBody website, including applications, products, InBody Content, Materials, user generated content, posts or materials on user forums, or any other content (collectively referred to as “Disputed Content”), infringes upon your copyrights, you may report alleged copyright infringements by providing the information in the following Notice of Alleged Infringement (“Notice”) and delivering it to InBody’s Designated Copyright Agent identified below. Upon receipt of the Notice, we will take whatever action, in our sole and absolute discretion, we deem appropriate, including removal of the Disputed Content. If we remove or disable access in response to such a notice, we may, in our sole discretion notify the owner or administrator of the Disputed Content. We reserve the sole and absolute right to remove any content, including without limitation any Disputed Content, from the Services at any time and for any reason.
- Please note that filing a report of intellectual property infringement is a serious matter with legal consequences. Any person who knowingly materially misrepresents that material or activity is infringing could be liable for damages. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney. You acknowledge that if you fail to comply with all of the notice requirements below, your copyright notice may not be valid.
- NOTICE OF ALLEGED INFRINGEMENT
Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and provide information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site(s) where such material may be found.
Provide your mailing address, telephone number, and, if available, email address. (Note that we may provide your contact information, including your name and email address, the name and address of the owner of the right in question, and/or the contents of your report to the person who posted the material you are reporting.)
Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use or dealing).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to InBody’s Designated Copyright Agent:
Attn: Product Support
Biospace Inc. dba InBody
13850 Cerritos Corporate Dr. Unit C
Cerritos, CA 90703
- These Terms constitute the complete and exclusive agreement between you and InBody concerning your use of the Products, InBody Content, App, Service and Site and supersede and replace all prior oral or written understandings, proposals, agreements or other communications between you and JEDCO and InBody regarding the Products, InBody Content, Service and Site. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
- You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
- Nothing contained in these Terms can be construed as creating any agency, partnership or other form of joint enterprise between us. Our failure to require your performance of any provision hereof will not affect our full right to require such performance at any time thereafter, nor may our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
- Subject to applicable law, any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, may be given: (i) via email; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
- The transmission of data or information over the internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. Neither InBody nor JEDCO assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet or otherwise within the Services, such as transmissions involving the exchange of electronic messages of any kind (including those which may contain your personal information). In no event will the information you provide on or through Services be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without your consent. You should take reasonable and appropriate precautions to scan for computer viruses, and ensure compatibility of the software with your specific computer system. You should ensure that you have a complete and current backup of the information contained on your computer system prior to installing any such software.
Please contact us if you have any questions about these Terms. You may contact JEDCO via email at Info@inbodycanada.ca or the following mailing address:
4338 Innes Road