Terms of Use

Small Steps Labs LLC and its principals, affiliates, employees and agents ("Small Steps Labs", “Fitabase”, "we" or "us") provide online services, including, but not limited to the Fitabase website ("Fitabase.com" or the "Site"), widgets, computer programs and mobile applications hosted by or on behalf of Small Steps Labs LLC (collectively, the "Fitabase Services") intended to enhance the aggregate data collection of personal fitness and body monitoring electronic products offered by Fitbit Inc and Garmin Ltd (the "Fitbit Products" and "Garmin Products"). THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SMALL STEPS LABS LLC. AND GOVERNS YOUR USE OF THE FITABASE SERVICES. Subject to your acceptance of and adherence to these Terms of Use (the "Terms of Use"), Small Steps Labs LLC hereby grants you a limited, non-exclusive license to utilize the Fitabase Services as set forth herein. The terms "you" and "user" shall refer to all individuals and entities that access the Fitabase Services and individuals that connect their Fitbit Products or Garmin Products for data collection by you using the Fitabase Service. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.

By your affirmative actions of registering for and/or using the Fitabase Services, you signify your agreement to these Terms of Use and our Privacy Policy and consent to allow Fitabase to communicate with you electronically regarding the Fitabase Services.

Modifications to the Terms of Use

We may make changes to the Terms of Use from time to time. A link to the most current Terms of Use will be available on the Fitabase home page and we will indicate the date of the "Latest Update" at the top of the Terms of Use. We may also place a special notice on the Fitabase Services or communicate significant changes by email. Your continued use of the Fitabase Services following the posting of such changes constitutes your acceptance of the Amended Terms of Use.

Requirements for Use of the Fitabase Services

The Fitabase Services are available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it. Full use of the Fitabase Services requires compatible electronic monitoring products, Internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors. The Fitabase Services is not a guaranteed part of any third party product or service offering, and no purchase or obtaining of any third party product or service shall be construed to represent or guarantee you access to the Fitabase Services. Please see the section entitled "Precautions" below for recommended precautions related to your use of the Fitabase Services.

Agency

You represent that you are using the Fitabase Services for its intended purpose. If you are registering or using the Fitabase Services on behalf of a company or other organization, you represent that you have authority to bind your employer by your actions.

Precautions

Content found on Fitabase.com or through the Fitabase Services is for informational purposes only and is not intended to replace the relationship between you and your physician or other medical provider. We are not a licensed medical care provider and have no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. You should always consult a physician before starting a fitness program, changing your diet or if you have any questions regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on or through the Fitabase Services. You should consult with your physician before following any training instructions you receive through the Fitabase Services. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury and/or death. If you think you may have a medical emergency, call your physician or 911 immediately. If you feel discomfort or pain, immediately stop the activity causing such discomfort or pain. People who have Type 1 diabetes or other adverse medical or nutritional conditions should not use the Fitabase Services unless such use is directed and closely monitored by a physician. By using the Fitabase Services, you represent that you have received consent from your physician to participate in the programs, workouts, and exercises described on the Fitabase Services.

We are not responsible for any health problems that may result from training programs, products, research programs, or events you learn about through the Fitabase Services. If you engage in any exercise program facilitated by the Fitabase Services you agree that you do so at your own risk and are voluntarily participating in these activities.

Information on the Fitabase Services

We try to provide helpful and accurate information on the Fitabase Services, but we make no endorsement, representation or warranty of any kind about any information, services or recommendations made available through the Fitabase Services. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Fitabase Services. If you rely on any information provided by Fitabase, Fitabase principals, affiliates, employees, agents or others appearing on or contributing content to the Fitabase Services, you do so solely at your own risk.

Your Administrator Settings

Through the Fitabase Services, we enable you, if you wish, to create multiple administrator accounts. You are responsible for managing administrator access to your project and data.

User and Participant Generated Content

You hereby grant to Small Steps Labs a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit any text, photographs or other data and information but excluding data gathered from Fitbit Products or Garmin Products you submit to the Fitabase Services (collectively, "User Generated Content") in any media now existing or hereafter developed, including without limitation on websites, in audio format, and in any print media format. "User Generated Content" includes but is not limited to content posted to generate device data authorization pages, custom reports, descriptions of research, feature requests and user comments. You hereby waive any rights of publicity and privacy with respect to the User Generated Content and any other legal or equitable rights that might preclude Small Steps Labs's use of the User Generated Content or require your permission for Small Steps Labs to use the User Generated Content. You agree not to assert any claim, whether based on tort, contract, or other legal or equitable theory, against Small Steps Labs or its sublicensees relating to Small Steps Labs's or its sublicensees' use of the User Generated Content and you hereby release Small Steps Labs and its sublicensees from any such claims. You represent that your User Generated Content: (1) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights; (2) will not violate any law, statute, ordinance or regulation; (3) will not be obscene or contain child pornography; (4) will not contain any viruses, worms, time bombs or other computer programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (5) will not violate any third party's rights of publicity or privacy; and (6) will not be defamatory, unlawfully threatening or harassing, harmful to minors in any way, or otherwise offensive or inappropriate. You are responsible for complying with all laws applicable to your User Generated Content.

Registration and Password; Privacy Policy

You are responsible for maintaining the confidentiality of your login information and password. You shall be responsible for all uses of your login information, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your login information or password. Small Steps Labs cannot and does not assume any responsibility or liability for any information submitted by someone who has fraudulently accessed your Fitabase account or for any third party's fraudulent use or misuse of information submitted by you.

You represent that the information that you provide about yourself as requested in the Fitabase account registration form (the "Registration Data") is accurate and complete, and you agree to update your account information, as necessary, including providing Fitabase with your current email address, so that you may receive notifications and other account-related communications.

The Fitabase Services are subject to the Fitabase Privacy Policy, which can be found at www.fitabase.com/privacy.

Ownership of the Fitabase Services

Except for the User Generated Content, the Fitabase Services and all aspects thereof, including all copyrights, trademarks, and other intellectual property rights therein, are owned by Small Steps Labs or its licensors. You acknowledge that the Fitabase Services and any underlying technology used in connection with the Fitabase Services contain Small Steps Labs's intellectual property and proprietary information. You may not reproduce, distribute, modify or create derivative works of, publicly display (including by framing any content), or commercially exploit any part of the Fitabase Services except as necessary to view the content therein and to create a reasonable number of copies of portions of such content (without modification) for your personal, non-commercial use. All rights in the Fitabase Services not expressly granted to you by Small Steps Labs are retained by Small Steps Labs and its licensors.

If you violate any of these Terms of Use, your permission to use the Fitabase Services automatically terminates and you must immediately destroy any copies you have made of any portion of the Fitabase Services.

Copyrighted Materials

You agree that any materials posted by you shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you have obtained all necessary rights and licenses required to allow the posting of any content posted by You.

If you feel that any content posted on the Fitabase Services infringes your copyrights or other intellectual property rights, please notify us by sending an email to support@fitabase.com.

User Indemnification Of Small Steps Labs

Upon request by us, you agree to defend, indemnify and hold Small Steps Labs LLC and its partners, affiliates, service providers, licensors, officers, directors, employees and agents harmless from and against any and all losses, liabilities, damages and costs, including but not limited to reasonable legal and accounting fees, arising from any claims, actions or demands related to or alleged to relate to: (a) your use of the Fitabase Services, including any User or Participant Generated Content you post, store, reproduce, display, or distribute via the Fitabase Services; (b) your violation of the Terms of Use; or (c) your violation of any intellectual property or other third party rights or any applicable law in connection with your use of the Fitabase Services. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting and available defenses.

User Conduct

If we determine that any user is not using the Fitabase Services responsibly, we have the right (but not the obligation) to remove, edit, block, or delete such user's transmissions, User Generated Content, or use of the Fitabase Services. We also have the right (but not the obligation) to suspend or terminate your access to any parts of the Fitabase Services, or delete information you have posted to or collected by the Fitabase Services, without prior notice if you engage in any conduct that we believe, in our sole discretion: (a) violates any provision of the Terms of Use, (b) is offensive to other users, (c) violates the rights of Fitabase or third parties, or (d) could cause us liability. Without limiting the foregoing, upon any termination of your account or access to the Fitabase Services we may delete all User Generated Content and other information related to your account and data. If we suspect that your Registration Data is inaccurate or incomplete, we may suspend or terminate your account.

Changes to Fitabase Services

Fitabase may change or discontinue, temporarily or permanently, any feature or component of the Fitabase Services at any time without further notice. In addition, we may, without notice to the applicable user, terminate individual accounts that have been inactive for more than 30 days, but we have no obligation to do so. You agree that Fitabase shall not be liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Fitabase Services.

Pricing and Payment

We may change our pricing and/or payment structure at any time. If you dispute any pricing, payment structure, payment made or payment due, you must notify us in writing within thirty (30) days of any such matter; failure to so notify us shall result in the waiver by you of any claim relating to any such disputed payment or pricing. Payment shall be calculated solely based on records maintained by Small Steps Labs LLC.

You represent, warrant and covenant that (a) the membership and credit card information that you supply is true, correct and complete, (b) you will pay any charges that you incur in connection with the Service, including any applicable taxes, (c) you will update your membership and credit card information as required, (d) you will not allow anyone else to use your membership, (e) you will not transfer your membership or password to anyone else and (f) you will report to us any unauthorized or prohibited use of your membership or this Site.

Third Party Services

The Fitabase Services may provide links or references to websites operated by third parties. We do not monitor or investigate such websites and we are not responsible for the content, functionality, or practices of such websites. Inclusion of links to third party websites in the Fitabase Services does not imply approval or endorsement of the linked website by us. If you decide to leave our Fitabase Services and access these third party websites, you do so at your own risk. We suggest that you read the terms of use and privacy policies (if any) on those third party websites. You agree that Fitabase has no liability for any damage or loss of any type that is a result of your use of a third party website.

Class Action Waiver

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither You nor Small Steps Labs LLC will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

Content And Warranty Disclaimer

THE WEBSITE IS PROVIDED BY SMALL STEPS LABS LLC AND ITS AFFILIATES "AS IS." NEITHER SMALL STEPS LABS LLC NOR ITS PARTNERS, SUPPLIERS, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, ITS CONTENTS, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE WEBSITE. IN ADDITION, SMALL STEPS LABS LLC AND ITS PARTNERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE WEBSITE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, SMALL STEPS LABS LLC DOES NOT WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.

Limitation of Liability

IN NO EVENT WILL SMALL STEPS LABS LLC AND/OR ITS PRINCIPALS, AFFILIATES, AGENTS OR EMPLOYEES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT SMALL STEPS LABS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF SMALL STEPS LABS LLC, ARISING FROM OR RELATING TO THE WEBSITE (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY) IS LIMITED TO $100. SMALL STEPS LABS'S AFFILIATES, PROVIDERS AND PARTNERS HAVE NO LIABILITY WHATSOEVER ARISING FROM THE WEBSITE. In some locations applicable law may not allow certain of the limitations described above, in which case such limitations may not apply to you.

General

The Terms of Use and the resolution of any dispute related to the Terms of Use or the Fitabase Services shall be governed by and construed in accordance with the laws of the State of California without respect to its conflict of laws principles. You shall bring any legal action or proceeding against Fitabase related to the Fitabase Services exclusively in a federal or state court of competent jurisdiction sitting in San Diego County, California, and you agree to submit to the personal and exclusive jurisdiction of such courts. If any provision(s) of the Terms of Use is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Small Steps Labs’s failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by Small Steps Labs in writing. These terms and conditions constitute the entire agreement between you and Small Steps Labs LLC with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party and any attempt to do so is void.

Small Steps Labs LLC
PO Box 34576
San Diego, CA 92163
USA

Date of last update: Dec 3, 2013

Questions? Contact Us.