The parties further acknowledge and agree that they each reserve the right, in their sole and absolute discretion, to reject any and all proposals and to terminate discussions and negotiations with respect to a Transaction at any time. This Agreement does not create a joint venture or partnership between the parties. If a Transaction goes forward, the non-disclosure provisions of any applicable transaction documents entered into between the parties or their respective affiliates for the Transaction shall supersede this Agreement.
In the event such provision is not provided for in said transaction documents, this Agreement shall control. Each party warrants that it has the right to make the disclosures under this Agreement. The parties acknowledge that although they shall each endeavor to include in the Confidential Information all information that they each believe relevant for the purpose of the evaluation of a Transaction, the parties understand that no representation or warranty as to the accuracy or completeness of the Confidential Information is being made by either party as the Disclosing Party.
Further, neither party is under any obligation under this Agreement to disclose any Confidential Information it chooses not to disclose. This Agreement can only be modified by a written amendment signed by the party against whom enforcement of such modification is sought. The Federal and state courts located in California shall have sole and exclusive jurisdiction over any disputes arising under the terms of this Agreement.
If it cannot be so modified, rewritten or interpreted to be enforceable in any respect, it will not be given effect, and the remainder of the Agreement will be enforced as if such provision was not included. All such notices or communications shall be deemed to have been given and received a in the case of personal delivery or electronic-mail, on the date of such delivery, b in the case of delivery by a nationally recognized overnight carrier, on the third business day following dispatch and c in the case of mailing, on the seventh business day following such mailing.
All obligations contained in this Agreement shall extend to and be binding upon the parties to this Agreement and their respective successors, assigns and designees. Analysis Facility — a business, an association, an enterprise, or an organization which provides use of Service s ; or a facility where the Service s is located.
Facility User — an employee, a representative or a staff member of the Analysis Facility. InBody owns and operates certain. Per the Terms of Use of the LookinBody Web service and according to the latest fee structure, you agree to pay InBody the following, as it may apply to you; please note that some of these costs and fees may not apply to you:.
You further agree to maintain all payment information current and that failure to do so will be subject to the Late Payment provisions below. Payments are for a default of two Staff Member logins and one Administrator login; any additional logins will be charged an additional monthly cost.
Any additional costs added to your bill will be discussed with you. You agree and understand that you are responsible for any or all risks arising from the use of the API. InBody disclaims any other warranties, including but not limited to the warranties of merchantability, fitness for specific purposes, and implied warranty regarding ownership or non-infringement, whether express or implied, to the maximum extent permitted by applicable law.
Issues arising from the accuracy or access of the Personal Information by the End User will be addressed by End User to you and, if issues continue to arise or be present, you will process such issues to us for support. Issues arising from the use or functions of the API by you shall be directed to us for support.
InBody provides no guarantee to a solution for any issue. Warranty for the API applies to the support provided to you through phone, email, remote access, or any other virtual help. Cases that may require in-person support do not apply.
You hereby grant InBody a fully-paid, irrevocable, perpetual, world-wide license to use your name and any of your trade names, trademarks, logos solely in connection with the rights granted to InBody pursuant to this marketing section.
If you are a California resident, please also review our California Privacy Act Addition , which is how our privacy policy pertains specifically to California residents and businesses. If you are a New York state resident, please also review our New York Privacy Act Addition , which is how our privacy policy pertains specifically to New York state residents and businesses.
End User — An individual, patient or a customer who receives or uses the Service s. Analysis Facility — A business, an association, an enterprise, or an organization that provides the use of the Service s and a facility where the Product or the Site is located.
Staff Member — An employee or an associate of the Facility who uses the Site but has limited access. It may include information such as name, email address, telephone number and other personal information the End User provides InBody and it may include Protected Health Information that an individual provides to the Covered Entity. Control — When Personal Information or Protected Health Information or other information regarding an End User or Facility User can be viewed, added, edited, deleted, and or transferred by InBody for the purposes described in this Policy.
DBA InBody. Accessories connected to the InBody Body Composition Analyzer may collect and output many different data points. Height, weight, age, and gender are still required from a Guest user to process the data.
A guest user may not be able to track their results. Also, depending on the model of the Product, additional body composition measurement information may be stored, such as visceral fat level, leg lean mass etc. End User may also selectively choose to hide any of the functionalities except battery, time, and body composition analysis from the screen of the Wearable device. Such information can include their full name, telephone number, email address, and date of birth.
The Staff member is a sub-tier account to the Admin account with limited access to the Site. The Facility User is responsible for the accuracy of the information, any changes or updates on the account, and the confidentiality of the login credentials for the Site.
A Facility User may be asked to provide identifiable information to InBody if they call in for support. We may also have access to other data such as location, calls, mobile camera, photo gallery, and contacts, if End User allow. Note that this information that is automatically collected does not include Protected Health Information. Other technologies are used for similar purposes as a cookie on other platforms where cookies are not available or applicable.
All cookies are allowed, by default, but End User can adjust this setting and clear cookie for all sites or for certain pages. End User can disable or remove first-party and third-party cookie information and data. If End User remove cookies, things like saved preferences on websites might get deleted and some website features or services may not function as well.
This allows Facility Administrator to track how well their Analysis Facility is doing. Any changes or updates to the assigned advisor should be discussed with the Analysis Facility. This may include accessing and using:. When the information is entered on the Product when it is connected to the Internet , App or the Site, it automatically gets uploaded on the Server.
Access to the Server is open to InBody and its contracted affiliates for the same purposes as InBody. We may disclose Personal Information in connection with the sale, merger, sale of assets or reorganization of InBody or its affiliates. Notice of such a transfer will be provided by posting to the Site or via another form of communication.
We have a relationship with third-party service providers including, but not limited to, LookinBody Company and InBody Co.
They help us —. To provide the highest level of support, if needed, to understand and solve any issue that may arise from End User or the Analysis Facility;. The collection of Personal Information also helps create, develop, operate, deliver, and improve Services. To track and respond to safety concerns and to further develop and improve Services. LookinBody Company may use the aggregated data, so they can administer and improve the Site, analyze trends and gather broad demographic information.
The LookinBody Company may also use the aggregated data for various business purposes including Service development and improvement activities. InBody Co. When they provide this information, they perform appropriate procedures so that the data does not identify End User. We may collaborate with other companies and individuals to perform services on our behalf.
Examples of providers include data analysis firms, credit card processing companies, customer service and support providers, email and SMS vendors, web hosting and development companies and fulfillment companies.
These third parties may be provided with access to the Personal Information needed to perform functions for us, but the use will be subject to contracts and agreements in place that protect the confidentiality of the information. Third party integration with our Services, such as Site, may require access to the Personal Information in a non-traditional manner which will be subject to different set of Terms. We may disclose and report to law enforcement agencies information related to activities that we reasonably believe to be unlawful, or that we reasonably believe may aid a law enforcement investigation into unlawful activity.
We may disclose the information we collect from End Users where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any individuals, violations of our Terms or this Policy, or as evidence in litigation in which we are involved.
Personal Information will not be disclosed without the consent of the individual, except to the extent permitted by applicable law in following cases:. We and our affiliates actively retain Personal Information for ten years for our relationship for the purposes described above or as permitted or required by federal law. Inactivity is defined by two requirements:.
Analysis Facility has Custody and Control over data that was acquired at their Facility. Deleting records and Personal Information is permanent; however, please note that in some cases we may be required to retain certain information where permitted or required by law, including without limitation if such information is the subject of a legal dispute. The Backup will be maintained for the duration of the End User account or LookinBody Web active account until data is permanently deleted from the account.
After a reasonable time period has passed, the data will be deleted permanently or restored if requested. After the data is deleted permanently, the Backup will be deleted, subject to any legal requirements. InBody works hard to ensure that the information within its Custody and Control is accurate. Nevertheless, the End User should be vigilant of the accuracy of their own Personal Information. The method for updating Personal Information depends on the information source. Personal Information comes from one of the following:.
It is in our Custody but Controlled by End User. We are mindful that the Services will be attractive and of benefit to potential users under the age of 18 or local age of majority and it is our policy, regardless of the country in which the Analysis Facility is located, to ensure that parents or legal guardians can monitor data collected in respect of such users.
Our Service s is available to End Users who are below the age of 18 or local age of majority. We work very hard to protect the data End User provide. We take reasonable and appropriate measures to protect the data End User submit, including physical, organizational, and technological security measures. Furthermore, we promise to never sell your Personal Information. Please be aware, however, that the Internet is a global communications vehicle open to threats, viruses, and intrusions from others.
By accepting this Policy, the End User and Analysis Facility each acknowledge that unintentional data loss may occur despite the efforts made in good faith by InBody, its third-party affiliates, or an Analysis Facility. The purpose of access and process by the third-party affiliates in different countries will remain consistent with this Policy. Processing and access may be possible from other countries whose data protection laws may differ from the jurisdiction in which End User live.
As a result, this information may be subject to access requests from governments, courts, or law enforcement in those jurisdictions according to laws in those jurisdictions.
If End User are an Analysis Facility or a Facility User, End User represent and warrant to InBody that End User attained all necessary consent and provided all necessary notices as required by applicable laws for the purposes of this Policy.
Third parties, including, but not limited to, LookinBody Company utilize extended levels of security to protect the electronic data. We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to our office. Third Parties such as LookinBody Company restrict their offices to authorized personnel only, also other forms of restriction are applied to enter the department with access to the server. We restrict access to Personal Information and Personal Health Information to InBody employees, contractors, and agents who need to know Personal Information or Personal Health Information in order to process something for us.
They are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations. Third parties are also required to limit the access to our server s , to authorized personnel only, who use the information for the purposes indicated in this Policy.
InBody and its third-party affiliates have developed a comprehensive incident readiness and response plan designed to identify the cause, extent and nature of an incident involving Personal Information and Personal Health Information and to allow timely reporting in accordance with our contractual terms or legal obligations.
We promise not to retaliate or discriminate against anyone exercising consumer rights under the California Consumer Protection Act or any other applicable consumer protection regulation, and we reserve the right to adjust our pricing based on services offered.
Please visit our Terms, which explain other terms governing the use of our Services. The Site may provide links to other sites that provide information related to our Services. Once End User link to another site, End User are subject to the privacy policy of the new site. End User can also find a list of Services at our website www. We reserve the right to change and amend any part of the Policy at any time and without prior notice.
Details of these updates will be made available on the Site. We advise End User check the Site from time to time to make sure that End User agree with any changes and amendments.
You agree that by using the InBody platform, you are agreeing to enter into a legally binding contract with Biospace Inc. If you are developing in conjunction with our platform, or using our platform, on behalf of a company or other entity, you represent and warrant that you have full legal authority to register an Application on behalf of that entity and bind it to these Terms.
If you are not authorized, you may not accept the Terms or register an Application for someone else. In the event of any conflict between the Developer Documentation and these Terms, these Terms shall control. In addition to your compliance with the other requirements and obligations set forth in these Terms, you may participate in the Self-Serve API Program and display Content retrieved via the applicable API in your Application if:.
You will be asked to agree to these Terms along with any other agreements that InBody may require. You agree that we can use, store, and share information submitted by you to InBody in connection with your Application to contact you, for attribution purposes, handling inquiries from Members or potential Members about your Application, for other purposes under these Terms for example, we may email you with updates regarding the developer program , and as otherwise permitted in our Privacy Policy.
You acknowledge that if you share the contact information of your employees or independent contractors with us, we may contact them in accordance with these Terms. Once you have successfully registered an account, the account holder will receive a confirmation email to be given access to your API credentials for your Application. All activities that occur using those access credentials are your responsibility. You agree that InBody shall not be deemed liable for any activities occurring under those Access Credentials.
Keep your Access Credentials secret. Do not sell, share, transfer, or sublicense them to any other party other than your employees or independent contractors in accordance with Section 3. Do not try to circumvent them and do not require your users to obtain their own Access Credentials to use your Application for example, in an attempt to circumvent call limits.
You may create up to one hundred test profiles for purposes of testing your Application only. You must create the profiles manually and not via automated means, such as scripts. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable except to independent contractors so they may host, develop, test, operate, modify or support your Application in accordance with Section 3. In addition to the other terms and conditions in these Terms, except as expressly set forth herein, you agree not to do the following:.
Implement features or business practices, or use the API or Content in a way, that may harm Members;. Use the API or Content for any illegal purposes, or in any manner which would violate these Terms, or breach any laws or regulations regarding privacy or data protection, or violate the rights of third parties or expose InBody or its users to legal liability;. Remove any legal, copyright, trademark or other proprietary rights notices contained in or on materials you receive or access pursuant to these Terms, including, but not limited to, the API, the Developer Documentation, and the Content;.
Sell, lease, share with the exception of making the Content available to users through the Application , transfer, sublicense or otherwise make available any Content, directly or indirectly, to any third party e. Visceral fat, or belly fat, is extremely bad for your health and linked to chronic disease. Here are strategies to lose visceral fat and improve your….
Excess belly fat is very unhealthy. It can drive diseases like heart disease and type 2 diabetes. Here are 11 things that can make you gain belly fat. Focusing on body fat percentage instead of weight is much more useful to track fat loss progress. Here are the 10 best ways to measure your body fat…. There are several different types of fat in our bodies. The main types of fat cells are white, brown, and beige cells, and they all play different….
There are many natural weight loss methods that science has shown to be effective. Here are 29 easy ways to lose weight naturally. Getting good quality sleep is an important part of weight loss. Here are a few ways sleep can help you lose weight. You may wonder how many calories you should eat if you're trying to lose weight. This article provides a calorie calculator to estimate your calorie….
Wondering how to lose 10 pounds in 1 week? This article tells you whether it's possible and advisable. New research suggests that higher levels of the hormone ghrelin, which is produced during periods of fasting or dieting, may help people lose fat and….
Meal prepping can be a great way to eat better and lose weight. This article looks at meal prepping for weight loss and includes foods to prioritize…. The chart below shows the ranges of body fat by age and gender:.
Most of our body fat is stored under the skin as subcutaneous fat, however our major organs heart, liver, pancreas, kidneys, etc need to be wrapped in a layer of fat for protection and padding. Again, we need some visceral fat but having excessive visceral fat is far more dangerous for our health than having excess subcutaneous fat.
Having excessive levels of visceral fat puts pressure on our vital organs but also the cells that store visceral fat produce hormones and inflammatory substances. Over production of these chemicals can cause inflammatory diseases such as heart disease and strokes.
For these reasons, reducing and maintaining a healthy level of visceral fat is a must. The scales at the gym measure your visceral fat and then give you a rating. This rating is a number between 1 and A healthy level of visceral fat is rating less then It is worth noting that it is possible to be relatively lean but have high levels of visceral fat.
The first thing you should do is get your body fat percentage and visceral fat rating measured so you can get a baseline reading of your current body composition.
Then try to change your focus from the weight the scales show to reducing your body fat and more importantly your visceral fat rating.
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