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the rules of the arbitral forum will govern all aspects of this arbitration , except to the extent those rules conflict with these terms . | 0 |
the aaa consumer arbitration rules -lrb- `` aaa rules '' -rrb- governing the arbitration are available online at www.adr.org or by calling the aaa at 1-800-778-7879 . | 0 |
the arbitration will be conducted by a single neutral arbitrator . | 0 |
if the claim is for $ 10,000 or less , the party initiating the arbitration may choose whether the arbitration will be conducted -lrb- 1 -rrb- solely on the basis of documents submitted to the arbitrator ; -lrb- 2 -rrb- through a non-appearance based telephonic hearing ; or -lrb- 3 -rrb- by an in-person hearing as established by the aaa rules in the county of your billing address . | 0 |
in the case of an in-person hearing , the proceedings will be conducted at a location which is reasonably convenient for both parties with due consideration of the ability to travel and other pertinent circumstances . | 0 |
if the parties are unable to agree on a location , the determination will be made by the arbitration institution . | 0 |
your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the aaa rules with the remainder paid by headspace . | 0 |
if the arbitrator finds that either the substance of your claim or the relief sought in the arbitration is frivolous or brought for an improper purpose -lrb- as measured by the standards set forth in federal rule of civil procedure 11 -lrb- b -rrb- -rrb- , then the payment of all fees will be governed by the aaa rules . | 0 |
in such case , you agree to reimburse headspace for all monies previously disbursed by it that are otherwise your obligation to pay under the aaa rules . | 0 |
regardless of the manner in which the arbitration is conducted , the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award , if any , are based . | 0 |
the arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator 's ruling on the merits . | 0 |
-lrb- c -rrb- authority of arbitrator . | 0 |
the arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities , if any , of you and headspace . | 0 |
the dispute will not be consolidated with any other matters or joined with any other cases or parties . | 0 |
the arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute . | 0 |
the arbitrator will have the authority to award all remedies available under applicable law , the arbitral forum 's rules , and the terms . | 0 |
the arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have . | 0 |
the award of the arbitrator is final and binding upon you and headspace . | 0 |
-lrb- d -rrb- jury trial waiver . | 0 |
you and headspace waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury . | 0 |
rather , you and headspace elect to have claims and disputes resolved by arbitration . | 0 |
in any litigation between you and headspace over whether to vacate or enforce an arbitration award , you and headspace waive all rights to a jury trial , and elect instead to have the dispute be resolved by a judge . | 0 |
-lrb- e -rrb- class action waiver . | 0 |
where permitted under the applicable law , you and headspace agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class or consolidated action . | 0 |
if , however , this waiver of class or consolidated actions is deemed invalid or unenforceable , neither you nor headspace are entitled to arbitration ; instead all claims and disputes will be resolved in a court as set forth in section 13.13 below . | 0 |
you may opt-out of this arbitration agreement . | 0 |
if you do so , neither you nor headspace can force the other to arbitrate . | 0 |
to opt-out , you must notify headspace in writing no later than 30 days after first becoming subject to this arbitration agreement . | 0 |
your notice must include your name and address , and the email address you used to set up your headspace account -lrb- if you have one -rrb- , and an unequivocal statement that you want to opt-out of this arbitration agreement . | 0 |
you must send your opt-out notice to one of the following physical or email addresses : headspace , inc. , attn : arbitration opt-out , 2415 michigan avenue , santa monica , ca 90404 ; [email protected] | 0 |
-lrb- g -rrb- small claims court . | 0 |
notwithstanding the foregoing , either you or headspace may bring an individual action in small claims court . | 0 |
-lrb- h -rrb- arbitration agreement survival . | 0 |
this arbitration agreement will survive the termination of your relationship with headspace . | 0 |
to the extent the parties are permitted under these terms to initiate litigation in a court , both you and headspace agree that all claims and disputes arising out of or relating to the terms or the use of the products will be litigated exclusively in the united states district court for the central district of california . | 1 |
if , however , that court would lack original jurisdiction over the litigation , then all claims and disputes arising out of or relating to the terms or the use of the products will be litigated exclusively in the superior court of california , county of los angeles . | 1 |
you and headspace consent to the personal jurisdiction of both courts . | 1 |
except to the extent they are preempted by u.s. federal law , the laws of california , other than its conflict-of-laws principles , govern these terms and any disputes arising out of or relating to these terms or their subject matter , including tort claims . | 1 |
if any provision of these terms is found unenforceable , then that provision will be severed from these terms and not affect the validity and enforceability of any remaining provisions . | 0 |
these terms are effective and were last updated on june 13 , 2017 . | 0 |
headspace , inc. is located at 2415 michigan avenue , santa monica , ca 90404 . | 0 |
we recently revised these terms . | 0 |
please review the summary of changes and updated terms below . | 0 |
you can find the earlier terms in our archive . | 0 |
updated : september 28 , 2017 | 0 |
effective : october 30 , 2017 , unless you agree to these terms sooner , like when you create an account or pair your device . | 0 |
then these terms are effective as of the date of your agreement . | 0 |
fitbit designs products and tools that help you achieve your health and fitness goals and empower and inspire you to lead a healthier , more active life . | 0 |
these terms of service -lrb- `` terms '' -rrb- apply to your access and use of the fitbit service , which is provided to you by fitbit , inc. -lrb- `` fitbit '' -rrb- . | 0 |
the `` fitbit service '' includes our devices including associated firmware , applications , software , websites , apis , products , and services . | 0 |
fitbit and its affiliates are referred to as `` fitbit , '' `` we , '' `` us , '' or `` our '' in these terms . | 0 |
you must accept these terms to create a fitbit account and to access or use the fitbit service . | 0 |
if you do not have an account , you accept these terms by using any part of the fitbit service . | 1 |
if you do not accept these terms , do not create an account or use the fitbit service . | 0 |
the fitbit pay terms of service are set forth below and are incorporated into these terms . | 0 |
for information about our data practices , please see our privacy policy , including our cookie use statement . | 0 |
by accessing or using the fitbit service , you agree that we can collect and use your information in accordance with the privacy policy . | 0 |
persons under the age of 13 , or the equivalent minimum age in the relevant jurisdiction , are not permitted to access or use the fitbit service unless their parent has consented in accordance with applicable law . | 0 |
additionally , you can not access or use the fitbit service if you are barred from receiving services under applicable law or have previously been suspended or removed from the fitbit service . | 0 |
you may only connect to the fitbit service using -lrb- i -rrb- a device that is manufactured , distributed , or sold by fitbit itself or through its authorized resellers or agents ; -lrb- ii -rrb- our mobile applications and software , or approved third-party applications , software , or devices ; or -lrb- iii -rrb- our websites -lrb- `` authorized connections '' -rrb- . | 0 |
you may not connect to the fitbit service with any device that is not manufactured , distributed , or sold by fitbit itself or through its authorized resellers or agents -lrb- such as a knock off or counterfeit version of a fitbit device -rrb- ; otherwise intends to resemble or purports to be a fitbit device ; or any unauthorized application or third-party connection . | 0 |
any violation or attempted violation of this provision may result in the immediate termination of your ability to access the fitbit service . | 1 |
if you have questions about whether a product or application qualifies as an authorized connection , please contact [email protected] . | 0 |
full use of the fitbit service requires that you create an account by providing us with information such as your full name and a valid email address , as well as a strong password . | 0 |
you are responsible for all activity that occurs in association with your account . | 0 |
fitbit is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials . | 0 |
please contact customer support if you discover or suspect any security breach related to the fitbit service or your account . | 0 |
full use of the fitbit service is dependent upon your use of a computer with adequate software or a supported mobile device and internet access . | 0 |
the maintenance and security of this equipment may influence the performance of the fitbit service and it is your responsibility to ensure the equipment 's functionality . | 0 |
posting your content on the fitbit service | 0 |
fitbit may enable you to post , upload , store , share , send , or display photos , images , video , data , text , music , exercise regimens , food logs , recipes , comments , and other information and content -lrb- `` your content '' -rrb- to and via the fitbit service . | 0 |
you retain all rights to your content that you post to the fitbit service . | 0 |
by making your content available on or through the fitbit service you hereby grant to fitbit a non-exclusive , transferable , sublicensable , worldwide , royalty-free license to use , copy , modify , publicly display , publicly perform , reproduce , translate , create derivative works from , and distribute your content , in whole or in part , including your name and likeness , in any media . | 0 |
the rights you grant us in this section 5 are only for the limited purpose of offering and improving the fitbit service . | 0 |
you are responsible for your content . | 0 |
you represent and warrant that you own your content or that you have all rights necessary to grant us a license to use your content as described in these terms . | 0 |
you represent and warrant that your content , the use and provision of your content on the fitbit service , and your use of the fitbit service will not -lrb- a -rrb- infringe , misappropriate , or violate a third party 's patent , copyright , trademark , trade secret , moral rights , or other intellectual property rights , or rights of publicity or privacy ; -lrb- b -rrb- violate , or encourage any conduct that would violate , any applicable law or regulation or would give rise to civil liability ; -lrb- c -rrb- be fraudulent , false , misleading , or deceptive ; -lrb- d -rrb- be defamatory , obscene , pornographic , vulgar , or offensive ; -lrb- e -rrb- promote discrimination , bigotry , racism , hatred , harassment , or harm against any individual or group ; -lrb- f -rrb- be violent or threatening or promote violence or actions that are threatening to any person or entity ; or -lrb- g -rrb- promote illegal or harmful activities or substances . | 0 |
you further agree not to -lrb- 1 -rrb- upload any content that contains software viruses or is designed to interrupt , destroy , or limit the functionality of any equipment or services , or that contains other harmful , disruptive , or destructive files or content ; -lrb- 2 -rrb- use or attempt to use another user 's account without authorization , or impersonate any person or entity ; -lrb- 3 -rrb- harvest , solicit , or collect information of other users for any reason whatsoever , including , without limitation , for sending unsolicited communications ; -lrb- 4 -rrb- post , advertise , or promote products or services commercially , or upload any content that is advertising , promotional material , junk mail , spam , or a contest or sweepstake , or that furthers or promotes criminal activity ; or -lrb- 5 -rrb- use the fitbit service in any manner that , in our sole discretion , is objectionable or restricts or inhibits any other person from using or enjoying the fitbit service , or which may expose us or our users to any harm or liability of any type . | 0 |
fitbit may , in its sole discretion , alter , remove , or refuse to display any of your content , and may forbid you from posting , uploading , storing , sharing , sending , or displaying your content to and via the fitbit service . | 1 |
`` fitbit content '' includes any photos , images , graphics , video , audio , data , text , music , exercise regimens , food logs , recipes , comments , software , works of authorship of any kind , and other information , content , or other materials that are posted , generated , provided , or otherwise made available through the fitbit service . | 0 |
fitbit content , the fitbit service , and its underlying technology are protected by copyright , trademark , patent , intellectual property , and other laws of the united states and foreign countries . | 0 |
we reserve all rights not expressly set forth in these terms . | 0 |
you agree not to remove , change or obscure any copyright , trademark , service mark , or other proprietary rights notices incorporated in or accompanying the fitbit service . | 0 |
our logos and any other fitbit trademarks that may appear on the fitbit service , and the overall look and feel of the fitbit service , including page headers , graphics , icons , and scripts , may not be copied , imitated or used , in whole or in part , without our prior written permission . | 0 |
other trademarks , product , and service names and company names or logos mentioned on the fitbit service are the property of their respective owners and may not be copied , imitated or used , in whole or in part , without the permission of the applicable trademark holder . | 0 |
what you can do on the fitbit service | 0 |
the fitbit service is intended for your personal , non-commercial use . | 0 |
fitbit grants you a limited , non-exclusive , non-transferable , non-sublicensable , revocable license to -lrb- 1 -rrb- access and use the fitbit service , -lrb- 2 -rrb- access and view the fitbit content , -lrb- 3 -rrb- access and use the software and mobile applications provided by the fitbit service , and -lrb- 4 -rrb- use the software that is embedded into fitbit devices as authorized in these terms . | 0 |
this license is provided solely for your personal , non-commercial use and enjoyment of the fitbit service as permitted in these terms . | 0 |
you will not use , sublicense , copy , adapt , modify , translate , disclose , prepare derivative works based upon , distribute , license , sell , rent , lease , assign , transfer , publicly display , publicly perform , transmit , broadcast , or otherwise exploit the fitbit content , fitbit service or any portion thereof , except as expressly permitted in these terms . | 0 |
no licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by fitbit or its licensors , except for the licenses and rights expressly granted in these terms . | 0 |
except to the extent permitted by law , you may not perform , attempt to perform , or encourage or assist others in performing any of the following while accessing or using the fitbit service : -lrb- 1 -rrb- use , display , mirror , or frame the fitbit service or any individual element within the fitbit service , including the layout and design of any page , without fitbit 's express written consent ; -lrb- 2 -rrb- use fitbit 's name , any fitbit trademark or logo , or any fitbit proprietary information without fitbit 's express written consent ; -lrb- 3 -rrb- access or tamper with non-public areas of the fitbit service , fitbit 's computer systems , or the technical delivery systems of fitbit 's providers ; -lrb- 4 -rrb- test the vulnerability of any fitbit system or breach any security or authentication measures ; -lrb- 5 -rrb- circumvent any technological measure implemented by fitbit or any of fitbit 's providers or any other third party -lrb- including another user -rrb- to protect the fitbit service ; -lrb- 6 -rrb- access the fitbit service or fitbit content through the use of any mechanism other than through the use of an authorized connection , fitbit service , or fitbit api ; or -lrb- 7 -rrb- modify , decompile , disassemble , reverse engineer , tamper with , or otherwise attempt to derive the source code of any software that fitbit provides to you or any other part of the fitbit service . | 0 |
you are granted a limited , nonexclusive , and nontransferable right to create a text hyperlink to the fitbit service for noncommercial purposes , provided that such link does not portray us or any of our products or services in a false , misleading , derogatory , or otherwise defamatory manner , and provided further that the linking site does not contain any adult or illegal material or any material that is offensive , harassing , or otherwise objectionable . | 0 |
this limited right may be revoked at any time in fitbit 's sole discretion . | 1 |
we are not obligated to monitor access or use of the fitbit service , fitbit content , or your content or to review or edit any fitbit content or your content , but we have the right to do so for the purpose of operating the fitbit service , to ensure compliance with these terms , and to comply with applicable law or other legal requirements . | 0 |
we may consult with and 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 . | 0 |
we reserve the right -lrb- but are not required -rrb- to remove or disable access to the fitbit service , any fitbit content , or your content at any time and without notice , and at our sole discretion , if we determine that the fitbit content , your content , or your use of the fitbit service is objectionable or in violation of these terms . | 1 |
we have the right to investigate violations of these terms and any conduct that affects the fitbit service , and in response may take any action we may deem appropriate . | 0 |
use the fitbit service at your own risk | 0 |
if you rely on any fitbit content or the fitbit service , you do so solely at your own risk . | 0 |
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