Idle Fitness Orchard - Privacy and Terms
Idle Fitness Orchard
Privacy
We might access your pedometer and iHealth data upon consent, but all data is stored locally in your phone or device, without transmitting to any other servers.Contact
If you have any questions about these Terms, please contact us at:
Warranty Disclaimers
“Idle Fitness Orchard” OR OUR LICENSORS' INTELLECTUAL PROPERTY ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT “Idle Fitness Orchard” WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY OF OUR INTELLECTUAL PROPERTY.
Indemnity
You will indemnify and hold harmless “Idle Fitness Orchard” and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of “Idle Fitness Orchard” or our licensors' intellectual property; (ii) your content; or (iii) your violation of these Terms.
Limitation of Liability
NEITHER “Idle Fitness Orchard” NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING “Idle Fitness Orchard”, INCLUDING OUR LICENSORS, 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 “Idle Fitness Orchard” OR OUR LICENSORS' INTELLECTUAL PROPERTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT “Idle Fitness Orchard” 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. 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.
IN NO EVENT WILL “Idle Fitness Orchard”’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE “Idle Fitness Orchard” OR TO ACCESS YOUR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO “Idle Fitness Orchard” FOR USE OF “Idle Fitness Orchard” OR TWENTY DOLLARS ($20), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO “Idle Fitness Orchard”, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN “Idle Fitness Orchard” AND YOU.
GOVERNING LAW
These Terms and any action related thereto will be governed by the laws of the USA without regard to its conflict of laws provisions.
General Terms
These Terms constitute the entire and exclusive understanding and agreement between “Idle Fitness Orchard” and you regarding “Idle Fitness Orchard”, and these Terms supersede and replace any and all prior oral or written understandings or agreements between “Idle Fitness Orchard” and you regarding “Idle Fitness Orchard”, except that if you become a party to “Idle Fitness Orchard”'s Business Agreement, either before or after reviewing these Terms, the terms and conditions of the Business Agreement will govern over any conflicting provisions herein. 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.
You may not assign or transfer these Terms, by operation of law or otherwise, without “Idle Fitness Orchard”’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. “Idle Fitness Orchard” may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by “Idle Fitness Orchard” under these Terms, including those regarding modifications to these Terms, will be given: (i) by “Idle Fitness Orchard” via email; or (ii) by posting to our website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
“Idle Fitness Orchard”’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of “Idle Fitness Orchard”. 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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