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BFI Mobile Application Terms and Conditions

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the Body Fact Index (“BFI”) by Stayhealthy (the “Service”) operated by Stayhealthy, Inc. (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to access the Service.

Purchases

If you wish to purchase any or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Challenges and Promotions

Any contests, challenges or other promotions (collectively, “Promotions”) made available through the Service shall be governed by the Contest Rules set forth in Exhibit A, which is attached hereto and incorporated by this reference.

If you participate in any Promotions, please review the applicable rules well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

If you are creating an account using validation from a supported 3rd party wellness program, your access to the Service and account is dependent on valid authentication from that 3rd party, and the availability of the wellness program. Inaccurate, incomplete, or obsolete information related to the 3rd party wellness program and/or termination of the wellness program may result in the immediate termination of your account on the . Additionally, you are subject to the Terms of this Service in addition to any Terms of said 3rd party wellness program. The Terms of the 3rd party wellness program will supersede these Terms should any differences arise.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your mobile device(s) and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Stayhealthy, Inc. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our and trade dress may not be used in connection with any product or service without the prior written consent of Stayhealthy, Inc.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Stayhealthy, Inc.

Stayhealthy, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Stayhealthy, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Stayhealthy, Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation of Liability

In no event shall Stayhealthy, Inc. , nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Stayhealthy, Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Waiver

The use of Service and/or Product may involve unanticipated risks that could result in physical or emotional injury or other damage. You understand that such potential risks simply cannot be eliminated without jeopardizing the essential qualities of the Service and/or Product. Stayhealthy, Inc. seeks to create a safe environment, but the Service and/or Product is not infallible. Your participation and use of the Service and/or Product is voluntary and you elect to participate in spite of the risks.

Under no circumstances will Stayhealthy, Inc., its subsidiaries, affiliates, and its licensors be liable for any indirect, incidental, special, consequential or exemplary damages arising from or relating to the use of this Service and/or Product. You hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless and to waive any and all claims, demands or cases of action that you have or may have in the future against Stayhealthy, Inc. and to release it from any and all liability from any loss, damage or injury that you or another person may suffer relating to the use of this Service and/or Product.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us via our website at www.stayhealthy.com.

EXHIBIT A

Contest Rules

  1. The contest (“Challenge”) is sponsored by Stayhealthy, Inc. and is only open to individuals who are legal residents of one (1) of the fifty (50) United States, the District of Columbia, or a United States territory, are at least eighteen (18) years of age or older at the time of entry and are registered account users of the Body Fact Index (“BFI”) by Stayhealthy. Eligibility to the Challenge is void where prohibited by law. Employees of Stayhealthy and their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the Challenge. The Challenge is subject to all applicable federal, state and local laws and regulations. Void where prohibited.
  2. Agreement to Rules: By participating, you agree to be fully unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of Stayhealthy, as final and binding as it relates to the content. The Challenge is subject to all applicable federal, state and local laws.
  3. The duration of each Challenge period will be one month, starting on the 1st day of the month and ending on the last day of the month. There will be a contest available each month of the calendar year unless noted otherwise within the Service. Winners will be selected and notified within 48 hours after the end of the Challenge period (e.g., the winners of the January contest will be selected and contacted on February 1st or 2nd).
  4. How to Enter: All users that are registered account users of the Service and have access to the Prizes module within the app will automatically be eligible to win the monthly Challenge prizes. No additional action is needed to enter the monthly Challenge – signing up with an account to use the Service is the only requirement for Challenge eligibility.
  5. Prizes: The prizes available for each Challenge period will vary monthly and will be displayed within the “Prizes” section of the Service. Total retail value of prizes will not exceed $500 per Challenge period. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by Stayhealthy. No cash or other prize substitution permitted except at Stayhealthy’s discretion. The prize is non-transferable. Any and all prize related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by winners is permitted. Acceptance of prize constitutes permission for Stayhealthy to use winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
  6. Odds:The odds of winning depend on the number of eligible users each period.
  7. Winner selection and notification: Winners of the Challenge will be selected in a random drawing under the supervision of the Stayhealthy. Winners will be notified via email to the email address used for the Service account registration with within five (5) days following the winner selection. Stayhealthy shall have no liability for a winner’s failure to receive notices due to winners’ spam, junk e-mail or other security settings or for winners’ provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within 15 days from the time award notification was sent, or fails to timely return a completed and executed declaration and releases as required, prize may be forfeited, and an alternate winner selected.

    The receipt by winner of the prize offered in this Challenge is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT Stayhealthy’s SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE CHALLENGE AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
  8. Rights Granted by you: By entering this contest you understand that Stayhealthy, anyone acting on behalf of Stayhealthy, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your entry, including, without limitation, the entry and winner’s name, portrait, picture, voice, likeness, image or statements about the Challenge, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.
  9. Terms: Stayhealthy reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Challenge should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Challenge. In such case, Stayhealthy may select the recipients from all eligible entries received prior to and/or after (if appropriate) the action taken by Stayhealthy. Stayhealthy reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Challenge or website or violates these Terms & Conditions. p Stayhealthy has the right, in its sole discretion, to maintain the integrity of the Challenge, to void votes for any reason, including, but not limited to; multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by contest rules; or the use of bots, macros or scripts or other technical means for entering. p Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the Challenge may be a violation of criminal and civil laws and should such an attempt be made, Stayhealthy reserves the right to seek damages from any such person to the fullest extent permitted by law.
  10. Limitation of Liability: By entering you agree to release and hold harmless Stayhealthy and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant’s participation in the Challenge and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error which may occur in the administration of the Promotion or the processing of entries.
  11. Disputes: THIS CHALLENGE IS GOVERNED BY THE LAWS OF UNITED STATES AND CALIFORNIA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Challenge, participant agrees that any and all disputes which cannot be resolved between the parties and causes of action arising out of or connected with this Challenge, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Los Angeles, California having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Challenge), and participant further waives all rights to have damages multiplied or increased.
  12. Privacy Policy: Information submitted to register for use of the Service or for Challenge prize acceptance is subject to Stayhealthy’s Privacy Policy. To read the Privacy Policy, please visit: https://www.stayhealthy.com/bfi-privacy.html.
  13. Winners List: The first name and last initial of winner(s) may be posted on the Service or Stayhealthy Website for a period of up to six (6) months after the end of the Challenge.