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LawInformedAI
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claudette_tos

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our goal is to provide helpful and accurate information on the fitbit service , but we make no endorsement , representation , or warranty of any kind about any fitbit content , information , or services .
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the accuracy of the data collected and presented through the fitbit service is not intended to match that of medical devices or scientific measurement devices .
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we are not responsible for the accuracy , reliability , availability , effectiveness , or correct use of information you receive through the fitbit service .
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maps , directions , and other gps or navigation data , including data relating to your current location , may be unavailable , inaccurate , or incomplete
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use of the fitbit service should not replace your good judgment and common sense .
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please read and comply with all safety notices that accompany your use of the fitbit service , including those located on our wear and care page .
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consult your doctor before using the fitbit service
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the fitbit service is not intended to diagnose , treat , cure , or prevent any disease .
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if you have a medical or heart condition , consult your doctor before using the fitbit service , engaging in an exercise program , or changing your diet .
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if you experience a medical emergency , stop using the fitbit service and consult with a medical professional .
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we are not responsible for any health problems that may result from training programs , consultations , products , or events you learn about through the fitbit service .
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if you engage in any exercise program you receive or learn about through the fitbit service , you agree that you do so at your own risk and are voluntarily participating in these activities .
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prolonged contact with wearable devices may contribute to skin irritation or allergies in some users .
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to reduce irritation , follow four simple wear and care tips : -lrb- 1 -rrb- keep it clean , -lrb- 2 -rrb- keep it dry , -lrb- 3 -rrb- do n't wear it too tight , and -lrb- 4 -rrb- give your wrist a rest by removing the band for an hour after extended wear .
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for more information visit www.fitbit.com/productcare .
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if you notice any skin irritation , soreness , tingling , numbness , burning , or stiffness in your hands or wrists while or after wearing the product , remove your device and please discontinue use .
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if any symptoms persist longer than 2-3 days after removing the device , consult your doctor .
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fitbit products using purepulse technology have a heart rate tracking feature that may pose risks to users with certain health conditions .
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consult your doctor prior to use of such products if you -lrb- 1 -rrb- have a medical or heart condition , -lrb- 2 -rrb- are taking any photosensitive medicine , -lrb- 3 -rrb- have epilepsy or are sensitive to flashing lights , -lrb- 4 -rrb- have reduced circulation or bruise easily , or -lrb- 5 -rrb- have tendonitis , carpal tunnel syndrome , or other musculoskeletal disorders .
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fitbit respects the intellectual property of others and expects its users to do the same .
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it is fitbit 's policy , in appropriate circumstances and at our discretion , to disable or terminate the accounts of users who repeatedly infringe the rights of copyright holders .
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please see fitbit 's dmca/copyright policy .
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terms of sale and returns and warranty
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fitbit 's terms of sale and returns and warranty policy apply to purchases made from fitbit .
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the terms of sale are incorporated into and made a part of these terms .
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all orders placed are subject to fitbit 's acceptance .
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we may accept , decline , or place limits on your order for any reason .
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if you submit comments , ideas , or feedback to us , you agree that we can use , disclose , reproduce , distribute , and exploit them without any restriction or compensation to you .
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we do not waive any rights to use similar or related ideas or feedback previously known to us , developed by fitbit , or obtained from sources other than you .
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our feedback and submissions policy is also part of the terms .
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additional terms and conditions may apply to surveys , contests , giveaways , and other promotions sponsored by fitbit or its partners .
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it is your responsibility to carefully review those terms and conditions .
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as part of your use of the fitbit service , you may receive notifications , text messages , alerts , emails , and other electronic communications .
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you agree to the receipt of these communications .
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you can control most communications from the fitbit service by using your account settings .
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we may need to provide you with certain communications , such as service announcements and administrative messages .
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you are responsible for any messaging or data fees you may be charged by your wireless carrier .
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any notices , agreements , disclosures , or other communications that we send to you electronically will satisfy any legal communication requirements , including that the communication be in writing .
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the fitbit service may display or permit linking or other access to or use of third-party content , promotions , websites , apps , services and resources -lrb- collectively `` third-party services '' -rrb- that are not under fitbit 's control .
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this may include the opportunity for you to link your fitbit account , fitbit data , or the fitbit service with third-party services .
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we provide these links only as a convenience and are not responsible for the products , services , or other content that are available from third-party services .
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you acknowledge that any third-party services that you use in connection with the fitbit service , such as third party applications accessed on fitbit devices , are not part of the fitbit service and are not controlled by fitbit , and you take sole responsibility and assume all risk arising from your interaction with or use of any third-party services .
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you also acknowledge that these terms and the fitbit privacy policy do not apply to any third-party services .
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you are responsible for reading and understanding the terms and conditions and privacy policy that applies to your use of any third-party services .
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fitbit may change or discontinue , temporarily or permanently , any feature or component of the fitbit service at any time without notice .
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fitbit is not liable to you or to any third party for any modification , suspension , or discontinuance of any feature or component of the fitbit service .
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we reserve the right to determine the timing and content of software updates , which may be automatically downloaded and installed by fitbit products without prior notice to you .
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we reserve the right to suspend or deactivate your account or your access to certain aspects or all of the fitbit service , or to terminate these terms , at our sole discretion , at any time and without notice or liability to you .
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upon any such suspension , deactivation , or termination , we may delete or remove your content and other information related to your account .
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you may close your account at any time by contacting customer support .
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upon any termination of these terms or suspension , termination , or discontinuation of the fitbit service or your account , the following provisions of these terms will survive : sections 1 , 5 , 6 , 9 , 10 , 11 , 13 , 14 , 16 , 17 , 19 , 20 , 21 , 22 , 23 , 24 , 25 .
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the fitbit service and fitbit content are provided `` as is , '' without warranty of any kind .
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without limiting the foregoing , we explicitly disclaim all express or implied warranties arising out of or related to these terms or the fitbit service , including any warranties of merchantability , fitness for a particular purpose , quiet enjoyment or non-infringement , and any warranties arising out of course of dealing or usage of trade .
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we make no warranty that the fitbit service or fitbit content will meet your requirements or be available on an uninterrupted , secure , or error-free basis .
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we make no warranty regarding the quality , accuracy , timeliness , truthfulness , completeness , or reliability of the fitbit service or any fitbit content .
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neither fitbit , its suppliers , or licensors , nor any other party involved in creating , producing , or delivering the fitbit service will be liable for any incidental , special , exemplary , or consequential damages , including lost profits , loss of data or goodwill , service interruption , computer damage , or system failure or the cost of substitute services arising out of or in connection with these terms or from the use of or inability to use the fitbit service , whether based on warranty , contract , tort -lrb- including negligence -rrb- , product liability , or any other legal theory , and whether or not fitbit has been informed of the possibility of such damage , even if a limited remedy set forth herein is found to have failed of its essential purpose .
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in no event will fitbit 's total liability arising out of or in connection with these terms or from the use of or inability to use the fitbit service exceed the amounts you have paid to fitbit for use of the fitbit service or one hundred dollars -lrb- $ 100 -rrb- , if you have not had any payment obligations to fitbit , as applicable .
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the exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between fitbit and you .
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some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages , so the above limitation may not apply to you .
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please read the following section carefully because it requires you to arbitrate certain disputes and claims with us and limits the manner in which you can seek relief from us .
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you agree that any dispute between you and fitbit arising out of or relating to these terms of service , the fitbit service , or any other fitbit products or services -lrb- collectively , `` disputes '' -rrb- will be governed by the arbitration procedure outlined below .
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governing law : except as otherwise required by applicable law , the terms of service and the resolution of any disputes shall be governed by and construed in accordance with the laws of the state of california without regard to its conflict of laws principles .
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informal dispute resolution : we want to address your concerns without needing a formal legal case .
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before filing a claim against fitbit , you agree to try to resolve the dispute informally by contacting [email protected] .
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we 'll try to resolve the dispute informally by contacting you through email .
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if a dispute is not resolved within 15 days after submission , you or fitbit may bring a formal proceeding .
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we both agree to arbitrate : you and fitbit agree to resolve any disputes through final and binding arbitration , except as set forth under exceptions to agreement to arbitrate below .
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opt-out of agreement to arbitrate : you can decline this agreement to arbitrate by contacting [email protected] within 30 days of first accepting these terms of service and stating that you -lrb- include your first and last name -rrb- decline this arbitration agreement .
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arbitration procedures : the american arbitration association -lrb- aaa -rrb- will administer the arbitration under its commercial arbitration rules and the supplementary procedures for consumer related disputes .
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the arbitration will be held in the united states county where you live or work , san francisco , california , or any other location we agree to .
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arbitration fees : the aaa rules will govern payment of all arbitration fees .
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fitbit will pay all arbitration fees for claims less than $ 75,000 .
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fitbit will not seek its attorneys ' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous .
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exceptions to agreement to arbitrate : either you or fitbit may assert claims , if they qualify , in small claims court in san francisco -lrb- ca -rrb- or any united states county where you live or work .
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either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the fitbit products or fitbit service , or infringement of intellectual property rights -lrb- for example , trademark , trade secret , copyright or patent rights -rrb- without first engaging in arbitration or the informal dispute-resolution process described above .
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no class actions : you may only resolve disputes with fitbit on an individual basis , and may not bring a claim as a plaintiff or a class member in a class , consolidated , or representative action .
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class arbitrations , class actions , private attorney general actions , and consolidation with other arbitrations are not allowed under our agreement .
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judicial forum for disputes : except as otherwise required by applicable law , in the event that the agreement to arbitrate is found not to apply to you or your claim , you and fitbit agree that any judicial proceeding -lrb- other than small claims actions -rrb- will be brought in the federal or state courts of san francisco county , california .
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both you and fitbit consent to venue and personal jurisdiction there .
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we both agree to waive our right to a jury trial .
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limitation on claims : regardless of any statute or law to the contrary , any claim or cause of action arising out of or related to your use of the fitbit products or fitbit service must be filed within one -lrb- 1 -rrb- year after such claim or cause of action arose , or else that claim or cause of action will be barred forever .
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except as otherwise stated herein , these terms constitute the entire and exclusive understanding and agreement between fitbit and you regarding the fitbit service , and these terms supersede and replace any and all prior oral or written understandings or agreements between fitbit and you regarding the fitbit service and fitbit content .
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we will notify you before we make material changes to these terms and give you an opportunity to review the revised terms before continuing to use the fitbit service .
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when you use the fitbit service after a modification becomes effective , you are telling us that you accept the modified terms .
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you can review previous versions of these terms in our archive .
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if for any reason a court of competent jurisdiction finds any provision of these terms invalid or unenforceable , that provision will be enforced to the maximum extent permissible and the other provisions of these terms will remain in full force and effect .
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you may not assign , delegate , or transfer these terms , by operation of law or otherwise , without fitbit 's prior written consent .
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any attempt by you to assign or transfer these terms , without such consent , will be null .
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fitbit may freely assign or transfer these terms without restriction .
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subject to the foregoing , these terms will bind and inure to the benefit of the parties , their successors , and permitted assigns .
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any notices or other communications provided by fitbit under these terms , including those regarding modifications to these terms , will be given : -lrb- i -rrb- via email or -lrb- ii -rrb- by posting to the fitbit service .
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for notices made by e-mail , the date of receipt on the message will be deemed the date on which such notice is transmitted .
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fitbit 's failure to enforce any right or provision of these terms will not be considered a waiver of such right or provision .
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the waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of fitbit .
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except as expressly set forth in these terms , the exercise by either party of any of its remedies under these terms will be without prejudice to its other remedies under these terms or otherwise .
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additional terms may apply to certain products or services .
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in the event that there is a conflict between these terms and any additional terms , the additional terms will control .
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please contact us if you have any questions about these terms .
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199 fremont street , 14th floor
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