Terms of Service

 

IMPORTANT — THIS AGREEMENT (“AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR ENTITY) ("YOU" or "YOUR") AND iTMP TECHNOLOGY, INC. ("DIGIFIT"). BY USING THE SERVICE HEREIN DESCRIBED AND ANY ACCOMPANYING SOFTWARE ("SOFTWARE"), YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS.

 

1. Agreement with Digifit.

Your use of any Digifit Software or service (collectively, "Service") is governed by this Agreement. Digifit is a trademark of iTMP Technology, Inc., located at 200 East Carrillo Street, Suite 300, Santa Barbara, CA 93101.

 

2. No Medical Advice.

Digifit does not offer medical advice and the Service is not intended to provide medical advice. The Service is for informational purposes only. Any content or information obtained through the Service should not be used during a medical emergency or for the diagnosis or treatment of any health or medical condition. Please consult with Your doctor or other qualified health care provider if You have any questions about a medical condition, or before taking any drug, changing Your diet, commencing any exercise regimen or commencing or discontinuing any course of treatment. Do not ignore or delay obtaining professional medical advice because of information accessed through the Service.

 

3. Your Account and Use of the Service.

You may be required to create an account to participate in the Service. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. You agree not to impersonate any person or entity or misrepresent Your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You are responsible for the security of your passwords and for any use of Your account. You also agree to notify us promptly at info@itmptech.com of any unauthorized use of Your username, password, other account information, or any other breach of security that You become aware of involving or relating to the Service.

 

Your use of the Service and any content accessed through the Service must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software. You must be at least 18 years old to use the Service.

 

You may not access the Service other than by the interfaces provided by Digifit or interfere with or disrupt the proper operation of the Service.

 

4. Use of Your Information.

If You create, transmit, or display fitness or health or other information while using the Service, You may provide only information that You own or have the right to use. When You provide Your information through the Service, You give Digifit a license to use and distribute it in connection with the Service and other Digifit services to those entities and individuals You designate. You understand and agree that this authorization permits the disclosure of health or personal information about You to the entities and individuals You designate and that it may contain sensitive information. You further acknowledge and agree that Digifit shall have a perpetual, royalty free license to use all information that You provide in any manner Digifit deems fit, provided that such information does not include Your personally identifiable information but is aggregated with information received from others. Digifit will only use personally identifiable information You provide as provided herein and as provided in Digifit's Privacy Policy located at http://www.digifit.com/terms-and-conditions/. You acknowledge and agree that Digifit is not a “covered entity” under the Health Insurance Portability and Accountability Act of 1996 and the regulations promulgated thereunder (“HIPAA”). As a result, HIPAA does not apply to the transmission of health information by Digifit to any third party.

 

Digifit reserves the right to transfer any and all information that it collects from users of the Service to a third party in the event that Digifit sells or transfers its business or all or substantially all of its assets related to the Service to such third party.

 

5. Content and Services Accessed through the Service.

Digifit may make third-party websites and other services available through the Service. In order to use a specific service, You may choose to allow the third-party service provider to receive, retrieve, provide, and/or modify health and other information in Your account or otherwise share Your information with the service provider. Once You enable a specific third-party service provider to receive information from or to access Your account, the service provider may continue to receive such information and/or access Your account until You affirmatively disable access. Third-party service providers may include fitness, health care providers and other entities. It is Your sole responsibility to review and approve each such third-party service before sharing Your information through or otherwise accessing it.

 

Digifit may screen, modify, refuse, or remove certain content or third-party services, but is not responsible for and does not endorse any third-party content or services. Digifit further does not endorse any third-party service providers, other fitness or health care providers, or their products, services, opinions, or web sites accessed through the Service.

 

USE OF THE SERVICE AND RELIANCE ON ANY CONTENT PROVIDED IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT DIGIFIT SHALL NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF ANY THIRD-PARTY SERVICE OR CONTENT. Providers of these third-party services and/or content are Digifit’s “Licensors”.

 

6. Digifit Proprietary Rights.

Digifit and its Licensors own all proprietary rights to the Service. Digifit gives you a personal, revocable, non-assignable, and non-exclusive license to use the Service. Any Software provided to you is licensed and not sold. All title to the Software resides and remains in Digifit.

 

7. Modification and Termination of the Service.

Digifit may place limits on, modify, suspend or terminate the Service generally, and may suspend or terminate your use of the Service if you fail to comply with this Agreement. This suspension or termination may delete your information, files, and other previously available content. If Digifit terminates the Service or your use of the Service, this Agreement will also terminate, but in addition to those provisions that survive according to their terms, Sections 3-12 shall continue to be effective after this Agreement is terminated.

 

8. Changes to this Agreement.

Digifit may change this Agreement and will post the modified agreement (which shall then become the Agreement) at http://www.digifit.com/terms-and-conditions/. If you do not agree to the modified agreement, You should stop using the Service. Your continued use of the Service after the date the modified agreement is posted will constitute Your acceptance of the modified agreement.

 

9. Indemnification.

You will hold harmless, defend or settle any third-party claim against Digifit, any third party service providers, or any of Digifit’s other Licensors arising out of or related to Your use of the Service.

 

10. Exclusion of Warranties.

YOU HEREBY ACCEPT THE SERVICE, “AS IS” AND WITH ALL FAULTS, DEFECTS AND ERRORS. NEITHER DIGIFIT NOR ANY OF DIGIFIT’S LICENSORS MAKE ANY EXPRESS WARRANTIES, AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

 

11. Limitation of Liability.

NEITHER YOU NOR DIGIFIT OR ANY OF ITS LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, EVEN IF THE PARTY KNOWS OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION.

 

YOU AGREE THAT NEITHER DIGIFIT NOR ANY OF ITS LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN $100. YOU ACKNOWLEDGE THAT IF THE ABOVE LIMITATION WERE NOT INCLUDED HEREIN, DIGIFIT WOULD NOT LICENSE THE SERVICE TO YOU AND YOU FURTHER COVENANT THAT YOU WILL BRING NO CLAIM IN EXCESS OF THIS LIMITATION.

 

12. General Legal Terms.

If You have not signed a separate written agreement with Digifit related to the Service, this Agreement is the entire agreement between You and Digifit related to the Service, replacing any prior agreements. If there is any conflict between this Agreement and a signed written agreement between You and Digifit related to the Service, the signed written agreement will control.

 

Digifit’s Licensors may be third party beneficiaries to this Agreement. There are no other third party beneficiaries to this Agreement. The parties to this Agreement are independent contractors, and nothing in this Agreement creates an agency, partnership, or joint venture. You shall not assign this Agreement, by operation of law or otherwise. Digifit may assign this Agreement in connection with any merger, consolidation, any sale of all or substantially all of Digifit's assets or any other transaction in which more than fifty percent (50%) of its voting securities are transferred, subject to all of the terms of this Agreement.

 

Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision’s essential purpose and the remainder of the Agreement shall be unaffected.

 

This Agreement is governed by California law, excluding California’s choice-of-law rules. THE EXCLUSIVE VENUE FOR ANY DISPUTE RELATING TO THIS AGREEMENT IS SANTA BARBARA COUNTY, CALIFORNIA. YOU AND DIGIFIT CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS. Nothing in this Agreement limits either party’s ability to seek equitable relief.

 

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