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Updated: August 17, 2015

Terms of Use

Trio Motion, LLC and its affiliates ("TM," "we," "us," "our"), previously Granite Peak Technologies, LLC, provide online and mobile services, including, but not limited to the Trio Motion website ("TrioMotionFIT.com" or the "Site"), widgets, computer programs, and mobile applications hosted by or on behalf of TM (collectively, the "TM Services") intended to enhance a consumer’s use of the body monitoring electronic products offered by TM (the "TM Products"). THIS IS A LEGAL AGREEMENT BETWEEN YOU AND TRIO MOTION, LLC AND IT GOVERNS YOUR USE OF THE TM SERVICES. Subject to your acceptance of and adherence to these Terms of Use (the "Terms of Use"), TM hereby grants you a limited, non-exclusive license to utilize the TM Services as set forth herein. The terms "you" and "user" shall refer to all individuals and entities that access the TM Services.

By your affirmative actions of registering for and/or using the TM Services, you signify your agreement to these Terms of Use and our Privacy Policy found at TrioMotionFIT.com/privacy and consent to allow TM to communicate with you electronically regarding the TM Products and the TM 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 Site 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 TM Services or communicate significant changes by email. Your continued use of the TM Services following the posting of such changes constitutes your acceptance of the updated Terms of Use.

Requirements for Use of the TM Services

The TM 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 TM Services requires compatible TM Products, Internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors.

Please see the section entitled "Precautions" below for recommended precautions related to your use of the TM Products and the TM Services.

Precautions

Content found on the Site or through the TM 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 the Site or through the TM Services. You should consult with your physician before following any instructions you receive through the TM Services or participating in any event announced on or through the TM Services. Not all activities described on the TM Services are suitable for everyone. 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 TM Services unless such use is directed and closely monitored by a physician. By using the TM Services, you represent that you have received consent from your physician to participate in the programs and activities described on the TM Services.

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

Information on the TM Services

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

User-Generated Content

You hereby grant to TM a perpetual, irrevocable, transferable, 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 you submit to the TM Services (collectively, "User Generated Content") in any media now existing or hereafter developed, including without limitation through the use of TM Products and TM Services, on websites, in audio format, and in any print media format. "User Generated Content" includes but is not limited to data generated through your use of TM Products and TM Services, content posted on message board posts, blogs, journals, food and recipe submissions, and user comments. You hereby waive any rights of publicity and privacy with respect to the User Generated Content and any other legal or moral rights that might preclude TM’s use of the User Generated Content or require your permission for TM to use the User Generated Content. You agree not to assert any claim, whether based on tort, contract, or other legal theory, against TM or its sublicensees relating to TM‘s or its sublicensees’ use of the User Generated Content in accordance with the Terms of Use or the Privacy Policy, and you hereby release TM 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. TM cannot and does not assume any responsibility or liability for any information submitted by someone who has fraudulently accessed your TM 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 TM account registration form (the "Registration Data") is accurate and complete, and you agree to update your account information, as necessary, including providing TM with your current email address, so that you may receive notifications and other account-related communications.

The TM Services are subject to the TM Privacy Policy, which can be found at TrioMotionFIT.com/privacy.

Ownership of the TM Services

Except for the User Generated Content, the TM Services and all aspects thereof, including all copyrights, trademarks, and other intellectual property rights therein, are owned by TM or its licensors. You acknowledge that the TM Services and any underlying technology used in connection with the TM Services contain TM’s intellectual property and proprietary information. You may not reproduce, distribute, modify or create derivative works of, publicly display (including by framing any content), reverse engineer, or commercially exploit any part of the TM 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 TM Services not expressly granted to you by TM are retained by TM and its licensors.

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

User Indemnification of TM

Upon request by us, you agree to defend, indemnify, and hold TM 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 TM Services, including any User Generated Content you post, store, reproduce, display, or distribute via the TM 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 TM 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.

Changes to TM Services

TM may change or discontinue, temporarily or permanently, any feature or component of the TM Services at any time without further notice. You agree that TM shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of the TM Services.

Third-Party Services

The TM 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 on our TM Services does not imply approval or endorsement of the linked website by us. If you decide to leave our TM Services and access these third-party websites, you do so at your own risk. TM suggests that you read the terms of use and privacy policies (if any) on those third-party websites. You agree that TM has no liability for any damage or loss of any type that is a result of your use of a third-party website.

Content and Warranty Disclaimer

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

Limitation of Liability

IN NO EVENT WILL TM 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 SITE, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT FORTIFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF FORTIFY ARISING FROM OR RELATING TO THE SITE (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY) IS LIMITED TO $50. TM‘S AFFILIATES, PROVIDERS, AND PARTNERS HAVE NO LIABILITY WHATSOEVER ARISING FROM THE SITE. 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 TM Services shall be governed by and construed in accordance with the laws of the State of Minnesota without respect to its conflict of laws principles. You shall bring any legal action or proceeding against TM related to the TM Services exclusively in a federal or state court of competent jurisdiction sitting in Hennepin County, Minnesota, 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. TM’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 TM in writing. These terms and conditions constitute the entire agreement between you and TM 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.