I. Registration and Your Account
1. Eligibility and Accuracy of Information. By registering for an account, you represent that you are of the age of legal majority in your state of residence. If you are a parent registering on behalf of a child between the ages of 13 and 18, you agree that you are responsible for the activities of your child on the Sites and agree to indemnify us for any damages incurred by us to the extent caused by such activities. You agree that all information you submit to the Sites as part of your registration (or later updates to this information) is true, accurate and up to date. You agree that you will not allow others to use your account, and you will not use your account or the Sites on a service provider basis or on behalf of third parties.
3. Termination and Suspension. We agree to provide you access to the Sites, the services available on the Sites (including those received via associated apps, collectively, the "Services") only as authorized in this Agreement. We reserve the right to reject your user registration by notifying you of our decision. Even after acceptance, we may terminate or suspend your account and ability to use the Sites in our sole discretion, with or without cause and without prior notice to you. If we believe your actions may cause us or other users legal liability, harm or loss, we reserve the right to notify other users of your actions.
II. Transactions on the Sites
1. Charges on the Sites. You agree to pay the applicable price, as well as any applicable taxes (collectively, "Charges"), for all your transactions on the Sites or via our suite of related apps, and you understand that all amounts paid to us for the products or Services are, to the extent possible under applicable law and except as stated below under Refunds Policy, non-refundable.
2. Credit Cards.By using a credit card on the Sites, you authorize us to charge your card for any Charges you accrue as a result of using the Sites. You may revoke your authorization by sending a written request to email@example.com. We may continue to bill your credit card for any Charges for any products or Services you purchase prior to the receipt of your written revocation.
3. Refunds Policy. Items returned within thirty (30) days of purchase in their original packaging are subject to refund (by credit to the original credit card used to purchase the applicable Item). Items returned opened or beyond such refund limitation date are not subject to refund.
4. Release In the event that you have a dispute with another user of the Sites for any reason, you hereby release us, our managers, members, officers, employees and agents from and against any and all claims, demands and damages (actual and consequential, and including attorneys' fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes, and you agree that you shall assert such claims only against the other user. If you are a California resident, you waive California Civil Code §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."
III. Restrictions on Use
1. Ownership and Use of Data and Other Content; Trademarks. You hereby grant us non-exclusive, worldwide, paid-up, irrevocable, sub-licensable, perpetual license to publish, distribute, and use for purposes of improving the Services and the Sites, including in the manners contemplated in this Agreement, in any media known now or in the future, all data and other content (regardless of form or media) provided to us by you over the Sites. The information and data available on the Sites is provided for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without our prior written consent. We reserve all rights not expressly granted in and to the Sites and the related apps. You agree not to circumvent, disable or otherwise interfere with security related features of the Sites, or the features that prevent or restrict use or copying of any data or other applicable content, or enforce limitations on use of the Sites. Our trademarks, service marks, names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of JAB Distributors, LLC (or its licensors), and no license is granted to you to use such marks in any manner.
2. Use of Sites.You agree not to violate or attempt to violate the security of the Sites, or the rights of other users, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Sites, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited e-mail, including promotions and/or advertising of products or services to users of the Sites; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
3. Prohibited Actions. You agree not to do any of the following in your use of or transactions on the Sites or through your use of the Services:
4. Your Submissions. With regard to any data or materials you submit to us over the Sites, you warrant that you have all necessary rights to publish, distribute and license the same to us, including any license or permission of a third party to publish or use such data or items in the manner you have done.
IV. Our Limits of Liability
1. DISCLAIMER OF WARRANTIES.YOU AGREE THAT USE OF THE SITES AND THE SERVICES ARE ENTIRELY AT YOUR OWN RISK. THE SITES AND SERVICES, INCLUDING ALL DATA, CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITES OR SERVICES ARE PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SITES OR THEIR FUNCTIONS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.
2. LIMITATION OF LIABILITY:TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NONE OF JAB DISTRIBUTORS, LLC, OUR OFFICERS, MANAGERS, MEMBERS, EMPLOYEES OR AGENTS (COLLECTIVELY "JAB PARTIES") SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE THE SITES OR SERVICES OR THE DATA, CONTENT AND FUNCTIONS RELATED THERETO (INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS OR LOST SALES, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE JAB PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITES OR SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO YOUR CLAIM OR (B) US$50.00.
1. Independent Contractors. You and JAB are independent contractors. No agency relationship, partnership, joint venture, employer-employee relationship or franchisor-franchisee relationship is intended or created by this Agreement or by your use of the Sites or Services.
2. Choice of Law This Agreement, all matters arising from or relating to the your use of the Sites and Services, as well as any and all claims arising out of your relationship with any JAB Parties shall be governed by and in accordance with the laws of the State of Illinois, excluding (i) its conflicts of laws provisions, (ii) the United Nations Convention on Contracts for the International Sale of Goods, and (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods, as amended.
3. Dispute Resolution; Attorneys Fees.TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITES OR SERVICES SHALL BE INSTITUTED EXCLUSIVELY IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF COOK, STATE OF ILLINOIS, UNITED STATES OF AMERICA, AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR IN THE FUTURE TO THE LAYING OF THE VENUE, OR TO THE JURISDICTION OF ANY SUCH COURT OVER YOU OR YOUR ACTIVITIES ON THE SITE. Notwithstanding the foregoing, we reserve the right to institute proceedings in any jurisdiction in order to (i) obtain interim or provisional relief pending resolution of a dispute; or (ii) collect from you any Charges or other monies due under this Agreement or under an award of the court described above. In the event that you bring an action in an improper forum in violation of this Section V.3, we shall be entitled to recover from you its reasonable attorney's' fees in responding to in order to dismiss such action.
4. Notices Except as explicitly stated otherwise, any notices you send to us shall be given in writing to us at JAB Distributors, 1500 South Wolf Road, Wheeling, IL 60090, Attn: Web Adminstrator, or, in the case notices we send to you, to the street address provided by you during your use of the Sites (or later provided to us in writing). Notice shall be deemed given upon the date of receipt in the case of notice by express courier, or, in the case of mailing through U.S. mail, three (3) days after the date of mailing. In addition, notices sent by us to you at the email address reflected in your account shall be effective upon receipt.
5. Third Party Beneficiaries There are no third party beneficiaries of this Agreement.
VI. Personal Data
To describe the documents that comprise the Designated Record Set.
The HIPAA Privacy Rule requires that users be permitted to request access and amendment to their Protected Health Information (“PHI”) that is maintained in a Designated Record Set (REM-Fit User Database). This policy documents the contents of the Designated Record Set.
1. The REM-Fit User Database is a group of records maintained by or for REM-Fit.com that consists of the user data about a user and is used, in whole or in part, by or for REM-Fit.com to analyze and present to the user. The term record means any item, collection, or grouping of information that includes PHI and is maintained, collected, used, or disseminated by or for REM-Fit.com.
2. REM-Fit.com (and all apps and services provided by REM-Fit or used by REM-Fit users) may maintain the following as the Designated Record Set (this list may be added to as new application and website features are added):
User’s username or nickname
User’s sleep patterns and timing
User’s activity patterns and timing
User’s calorie burn
Information provided by 3rd party apps that ‘pass though’ REM-Fit apps and services
User’s password (encrypted)
User’s historical health, activity and sleep data provided by the user or REM-Fit apps and services