ACTIVELINXX TERMS OF USE

IMPORTANT: THIS END USER AGREEMENT (THE “END USER AGREEMENT”) IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND ACTIVELINXX, INC. (“ACTIVELINXX”, “WE” OR “US”). THIS END USER AGREEMENT SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR USE OF ACTIVELINXX DEVICES, SOFTWARE, SERVICES, DATA, WEB SITES, APPLICATIONS AND OTHER ACTIVELINXX OFFERINGS (COLLECTIVELY, THE “ACTIVELINXX PRODUCTS” OR “PRODUCTS”). BY ACCESSING OR USING A ACTIVELINXX PRODUCT YOU ARE INDICATING THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT USE ACTIVELINXX PRODUCTS.

THE PRODUCTS AND THE PHYSIOLOGICAL INFORMATION TRANSPORTED USING THE PRODUCTS IS NOT INTENDED FOR USE IN PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT OR ANY OTHER PERSONAL HEALTH MATTER IN WHICH THE FAILURE OF THE PRODUCTS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR MENTAL DAMAGE.

MODIFICATIONS TO THE END USER AGREEMENT: WE MAY FROM TIME TO TIME AMEND, SUPPLEMENT OR MODIFY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF WE MAKE MATERIAL CHANGES TO THIS AGREEMENT, WE WILL POST AN UPDATED VERSION OF THIS AGREEMENT TO OUR WEB SITE. IT IS YOUR RESPONSIBILITY TO CHECK THIS AGREEMENT PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF ANY ACTIVELINXX PRODUCTS FOLLOWING THE POSTING OF ANY UPDATED AGREEMENT CONSTITUTES YOUR ACCEPTANCE TO BE BOUND BY THE TERMS AND CONDITIONS OF SUCH UPDATED AGREEMENT. ANY AND ALL USE OF THE ACTIVELINXX PRODUCTS AFTER THE POSTING OF AN UPDATED AGREEMENT WILL BE SUBJECT TO THE TERMS AND CONDITIONS OF SUCH UPDATED AGREEMENT.

Authorized Users: You hereby represent and agree that (i) you are a natural person, (ii) you are a registered user of the ActiveLinxx Products and (iii) you are 13 years of age or older. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.

User Account and Password: As a registered user of ActiveLinxx Products, you must establish an account with ActiveLinxx either directly or through a ActiveLinxx partner. You are solely responsible for protecting the confidentiality of such account, including, but not limited to, your password. You should never disclose your account information or password to anyone. YOU ARE SOLELY RESPONSIBLE FOR ANY ACTIVITIES WHICH OCCUR THROUGH YOUR ACCOUNT. You agree to immediately notify us of any unauthorized use of your account. WE ARE NOT RESPONSIBLE FOR ANY LOSSES ARISING OUT OF UNAUTHORIZED USE OF YOUR ACCOUNT.

Your Responsibilities; Guidelines: You will comply with all applicable local, state, federal, and foreign laws in using the ActiveLinxx Products and, if using the Products outside of the United States, not use the Products in a manner that would violate any federal or state laws of the United States if conducted therein. You shall use the ActiveLinxx Products solely for your personal use and shall not: (i) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the ActiveLinxx Products available to any third party; (ii) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (iii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iv) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (v) interfere with or disrupt the integrity or performance of the ActiveLinxx Products or the data contained therein; (vii) access the ActiveLinxx Products using a method other than the instructions that ActiveLinxx provides, or (vii) attempt to gain unauthorized access to the ActiveLinxx Products or related systems or networks.

License Grant: Subject to the terms and conditions of this Agreement, we hereby grant you a limited, nontransferable, nonexclusive, revocable, nonsublicenseable, personal right to access and use the ActiveLinxx Products solely for your personal, noncommercial use.

License Restrictions: The limited license granted to you pursuant to this Agreement does not include any resale or commercial use of the ActiveLinxx Products or any content made available through the ActiveLinxx Products. You may not reproduce, duplicate, copy, sell, resell, modify, reverse engineer, decompile, disassemble or create derivative works of or otherwise exploit for any commercial purpose the ActiveLinxx Products, the content thereof, or any portion of the foregoing, without express written consent of ActiveLinxx. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ActiveLinxx and our affiliates or licensors without our express written consent. None of the ActiveLinxx Products or the content thereof may be retransmitted without the express written consent of ActiveLinxx, nor may it be used on any other web site or stored on any networked computer environment. You may not use any metatags or any other “hidden text” utilizing ActiveLinxx name or trademarks without the express written consent of ActiveLinxx. Any unauthorized use terminates the permission and/or license granted by ActiveLinxx without the need for further action by ActiveLinxx.

Your Information: You agree to provide us with accurate and complete information required to register for the ActiveLinxx Products and at other times as required in connection with using the Products. You also agree to maintain and update your registration information as necessary to keep it accurate, current and complete. You agree that we may collect, use and transfer your registration information subject to the terms of our Privacy Policy, and that we have no control over or responsibility for the privacy policies or use of your registration information or other personal health information by the entity who provided you access to the ActiveLinxx Products (which may be your employer, health care provider or other party), or by others you authorize to receive your information.

Third Party References and Material: References made in the Products may include reference to products, services, trademarks or hyperlinks of third parties. No such reference(s) shall constitute or imply an endorsement or recommendation by ActiveLinxx.

Links to third party web sites: The Products may contain links to websites, applications or other products or services operated by other companies ("Third Party Platforms"). ActiveLinxx does not endorse, monitor or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. ActiveLinxx is not responsible for the content or policies of Third Party Platforms and you access such Third Party Platforms at your own risk. In addition, as with any type of physiological information, you should exercise caution when using information transported using the Products. ActiveLinxx makes no guarantees concerning the accuracy, currency, or quality of the physiological information transported using the Products.

Proprietary Rights:
(a) ActiveLinxx owns and will retain all right, title and interest in and to the Products and all intellectual property rights therein.

(b) You will not delete or in any manner alter the copyright, trademark, or other proprietary rights notices of ActiveLinxx and its licensors, if any, appearing on or in the Products, screen outputs and prints generated with the Products as delivered to you. You will reproduce such notices on all copies you make of the Products.

General Disclaimer: YOU ACKNOWLEDGE AND AGREE THAT THE ACTIVELINXX PRODUCTS AND ALL CONTENT THEREOF ARE PROVIDED, UNLESS OTHERWISE STATED, ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING ANY OF THE FOREGOING, NONE OF ACTIVELINXX, ITS AFFILIATES OR ITS AND THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “ACTIVELINXX PARTIES”) WARRANT THAT ACTIVELINXX PRODUCTS WILL OPERATE ON AN UNINTERRUPTED OR ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ACTIVELINXX PRODUCTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE, BY YOUR USE OF THE ACTIVELINXX PRODUCTS, THAT YOUR USE OF THE ACTIVELINXX PRODUCTS IS AT YOUR SOLE RISK AND THAT NONE OF THE ACTIVELINXX PARTIES SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF ACTIVELINXX PRODUCTS.

Health Disclaimer: The ActiveLinxx Products provide physiological data about your body along with information applications and content published over the Internet and are intended only to assist users in their personal health, fitness and wellness efforts. ActiveLinxx is not a medical organization and our staff cannot give you medical advice or diagnosis. Nothing contained in ActiveLinxx Products should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment. You are urged and advised to obtain professional medical advice before beginning any health, fitness & wellness related effort or regimen.

Limitation of Liability: YOUR SOLE REMEDY FOR DISSATISFACTION WITH YOUR USE OF THE ACTIVELINXX PRODUCTS AND/OR OUR CONTENT IS TO STOP USING THE ACTIVELINXX PRODUCTS AND/OR THE CONTENT. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL THE ACTIVELINXX PARTIES BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE ACTIVELINXX PRODUCTS OR ANY OF THE CONTENT, INCLUDING: LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; ANY FAILURE OF PERFORMANCE, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR COMPUTER VIRUS; OR THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OR USE OF YOUR INFORMATION, EQUIPMENT OR PROPERTY, EVEN IF THE ACTIVELINXX PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE EXCLUDED DAMAGES. FURTHER, THE ACTIVELINXX PARTIES WILL NOT BE RESPONSIBLE FOR ANY FAILURE TO COMPLY, BY YOU OR ANY THIRD PARTY, WITH THIS AGREEMENT OR WITH APPLICABLE FEDERAL, STATE AND LOCAL LAWS. THESE LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF: (I) ANY NEGLIGENCE OR GROSS NEGLIGENCE OF ANY ACTIVELINXX PARTY OR (II) WHETHER THE LIABILITY SOUNDS IN NEGLIGENCE, STRICT LIABILITY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LEGAL LIABILITY; AND WILL REMAIN IN EFFECT EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY OR EXCLUSION OF WARRANTIES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THOSE STATES, THE ACTIVELINXX PARTIES’ LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE ACTIVELINXX PARTIES’ AGGREGATE LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100).

Indemnification: You agree to defend, indemnify and hold the ActiveLinxx Parties harmless from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the ActiveLinxx Products and/or any content thereof.

Termination: You acknowledge and agree that ActiveLinxx may suspend, modify or terminate your access to and use of the ActiveLinxx Products at any time, with or without cause, in ActiveLinxx absolute discretion and without notice, including for any breach of this Agreement. The following paragraphs of this Agreement shall survive termination of your use or access to the ActiveLinxx Products: paragraphs concerning indemnification, disclaimers, limitations of liability, termination and general provisions and any other provision that by its terms or nature is intended to survive termination of your use of or access to the ActiveLinxx Products.

Applicable Law: The laws of the State of Connecticut will govern this Agreement, without giving effect to any principals of conflict of laws. All claims and disputes arising out of this Agreement or the ActiveLinxx Products, other than action for specific performance or injunctive relief brought by ActiveLinxx, shall be exclusively brought in the federal, state, or local courts located in Hartford, CT, USA and, with regard to such claims and disputes, you hereby irrevocably (i) submit to the exercise of personal jurisdiction over you by those courts and (ii) waive any jurisdictional, venue, or inconvenient forum objections to such courts.

General Provisions: Failure by ActiveLinxx to enforce any provision(s) of this Agreement shall not be construed as a waiver of any provision or right. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion must be construed as nearly as possible to reflect the original intent, the remaining portions remain in full force and effect, and the unenforceable portion remains enforceable in all other contexts and jurisdictions. Any claim under this Agreement must be brought within one (1) year after the date upon which the cause of action arose.

Assignment: This Agreement will bind and inure to the benefit of each party’s successors and assigns, provided that you may not assign this Agreement, in whole or in part, without ActiveLinxx prior written consent.

Customer Support: If you have any questions or concerns about your account, please contact Customer Support at support@ActiveLinxx.com.

Entire Agreement: This Agreement constitutes the entire agreement between you and ActiveLinxx with respect to the use of the Products, superseding any prior agreements and communications (both written and oral) regarding such subject matter. This Agreement may only be modified, or any rights under it waived, by a written document executed by You and ActiveLinxx.

© 2017 ActiveLinxx, LLC. All rights reserved.

Last Updated January 1,2017