Terms and Conditions of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO THE USE OF SUREMEDIKS PRODUCTS WHICH INCLUDS THE WEBSITE, MOBILE APP, AND THE SUREFIZ® SCALE.

By using SureMediks you agree to these Terms and Conditions of Use ("Terms & Conditions"). We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time. You should check these Terms & Conditions periodically at our website www.surefiz.com for updates. By using SureMediks after we post any updates to these Terms & Conditions, you agree to accept those updates, whether or not you have reviewed them. If you do not agree to these Terms & Conditions, you should not use our product, reach out to your provider and if applicable, you should arrange to cancel your registered user account or subscription with us.

Important Health Information

The parent company of SureMediks, Rasimo Systems LLC, is a technology company providing your weight loss provider and you, tools and framework for you to lose and maintain a healthy weight. While SureMediks provides a mechanism to make your weight loss progress and other relevant information available to your provider remotely and show you your progress, SureMediks isn't a medical service and does not provide medical advice. Your medical advice comes strictly from your provider. Any guidlines which which comes to you from AI is a generic knowledgebase and good practices from publically published research, field trials, and affiliate consultants. These guidelines must be checked with your provider before acting upon them.

Cost and Fees

SureMediks's cost and subscription service to you is a matter between you and your provider. Rasimo Systems LLC is not responsible for any refund you may deem reasonable for you. Any financial aspect about your service from the provider and the use of SureMediks is exclusively your provider’s and your matter.

Scope

1. Scope of Terms & Conditions

Unless we indicate otherwise, these Terms & Conditions apply to your use of SureMediks which is owned and operated by Rasimo Systems LLC and our affiliates (collectively, "we," "us," or "our"), including, without limitation, SureMediks website, SureMediks App, SureMediks scale and any other Website or Mobile App that we may own or operate currently or in the future (collectively, SureMediks"). For purposes of these Terms & Conditions, "affiliates" shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with, Rasimo Systems LLC, including, without limitation, SureMediks consultants and its subsidiaries.

2. Terms & Conditions — In General

By using SureMediks, you agree to be legally bound and to abide by these Terms & Conditions, just as if you had signed this agreement. If you do not comply with these Terms & Conditions at any time, we reserve the right, if applicable, to terminate your password, user account, and/or access to SureMediks(or any part thereof). In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of SureMediks, including, but not limited to, (I) restricting the time SureMediks is available, (II) restricting the amount of use permitted, and (III) restricting or terminating any user's right to use the service provided by SureMediks. You agree that any termination or cancellation of your access to, or use of, the SureMediks may be affected without prior notice. If you do not abide by the provisions of these Terms & Conditions, you agree that we may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to such information and/or files. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, SureMediks. From time to time, we may supplement these Terms & Conditions with additional terms and conditions pertaining to specific content, activities or events ("Additional Terms"). Such Additional Terms may be placed on the Website or Mobile App to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms & Conditions.

3. Restrictions on Use of Materials

Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display our Website, Mobile App, and the material provided hereon for your personal, noncommercial use, provided that you comply fully with the provisions of these Terms & Conditions. You acknowledge that SureMediks contains information, software, hardware device, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. The Content may be covered by patents pending by Rasimo Systems LLC. All trademarks appearing on our Website are trademarks of their respective owners. Rasimo Systems LLC is the trade name and SureMediks and SureMediks are the trademark and service mark of Rasimo Systems LLC. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available under SureMediks. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When a software Content is downloaded to your computer or any other smart device you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.

4. Privacy

We are committed to protecting your privacy and security. For more information, you should review our Privacy Policy, which is found at our website. The direct link is https://www.surefiz.com/Privacy.

5. Community Standards and Conduct Guidelines

You acknowledge that all Content posted, emailed, or otherwise transmitted to SureMediks and SureMediks Websites or SureMediks and SureMediks Mobile App, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the "Postings"), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to using SureMediks Website or SureMediks Mobile App. We do not control the content published, emailed or otherwise transmitted on our Website and Mobile App by users and, as such, we do not guarantee the accuracy, integrity or quality of such Postings.

You agree not to use our Website and Mobile App (including any Community Areas) to:

Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);

Harm minors in any way, or solicit or otherwise attempt to gain any information from a minor; Impersonate any person or entity, including, but not limited to any user of SureMediks Service, a director, officer, employee, agent or representative of Rasimo Systems LLC, our affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with Rasimo Systems LLC and its trademarks, or our affiliates or any other person or entity;

Interfere with or disrupt our Website or servers or networks connected to our Website and Mobile App, or disobey any requirements, procedures, policies or regulations of networks connected to our Website and Mobile App;

Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;

"Stalk" or otherwise harass another user or employee of Rasimo Systems LLC; or

Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of SureMediks Service, including user names or passwords; or Access or attempt to access another user's account without his or her consent;

Except as may otherwise be provided in our Privacy Policy, all Community Area communications, including, but not limited to, chat, message board, blog, groups, and profile communications, are public and not private communications. We reserve the right to monitor some, all, or no areas of SureMediks website and Mobile App (including any Community Area) for adherence to the community standards and conduct guidelines set forth above or for any other purpose. You acknowledge that by providing you with the ability to distribute Postings in the Community Areas, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any Postings or activities in any Community Area, nor do we endorse any such Postings. Although we reserve the right to remove, without notice, any Posting for any reason, we have no obligation to review Content prior to the Content's posting or to delete Postings that you may find objectionable or offensive. We are not responsible for maintaining a copy of any material we remove from our Website or Mobile App, and we are not liable for any loss you incur in the event that Content you post or transmit to our Website and Mobile App has been removed.

6. Submissions

If, at our request or on your own, you send, email, post or otherwise transmit to us or our Website or Mobile App any Content, (collectively, the "Submissions"), you grant us and our successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display any Submissions (in whole or in part and with or without the use of your name) worldwide and/or to incorporate the Submissions in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the "Rights") that may exist in such Submissions. You also warrant that, to the extent you are not the exclusive holder of all Rights in a Submission, any third-party holder of any Rights, including moral rights in such Submissions, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You further acknowledge that we and our successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You also permit any user to access, display, view, store and reproduce any Submission that you have made available in a Community Area for personal use. Subject to the foregoing, the owner of a Submission placed on this Website retains any and all Rights that may exist in such Submission. Except as provided in our Privacy Policy, none of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions.

7. Links

These Terms & Conditions apply only to SureMediks Contents, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website's administrator or webmaster.

8. Third Party Products and Services

You may contact to a third party introduced through our Website (collectively, the "Third Party Sellers"). All matters concerning the services, merchandise and other products desired from the Third-Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third-Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third-Party Sellers. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.

9. Password and User Security

All subscribed users are entirely responsible for maintaining the confidentiality of their passwords and user account information. You agree to notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's password. You are entirely responsible for any and all activities which occur under your user account. You agree to immediately notify us of any unauthorized use of your user account or any other breach of security known to you.

10. Disclaimers of Warranties

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS ON OUR WEBSITE AND MOBILE APP ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER RASIMO SYSTEMS LLC, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT OUR WEBSITE, SCALE, AND MOBILE APP OR ANY FUNCTION CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITE, MOBILE APP OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR WEBSITE OR MOBILE APP IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL. NEITHER RASIMO SYSTEMS LLC OR, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN OUR WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM FORUM EXPERTS OR THROUGH OUR WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.

11. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE OUR WEBSITE, SCALE, AND MOBILE APP; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON OUR WEBSITE AND MOBILE APP OR ANY WEBSITE OR WEBSITES LINKED TO THIS WEBSITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE OR ; OR (F) ANY OTHER MATTER RELATING TO OUR SERVICE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OUR WEBSITE, SCALE AND MOBILE APP. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SERVICE, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF OURSERVICE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

12. Indemnification

You agree to indemnify, hold harmless and, at our option, defend Rasimo Systems LLC and our affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorney’s fees and expenses) arising from your improper use of our Scale, Website, or Mobile App or our products or offerings, your violation of these Terms & Conditions, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.

13. Governing Law and Choice of Forum

These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of SureMediks, or these Terms & Conditions shall be filed only in the state or federal courts located in Wake County in the State of North Carolina and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

14. Miscellaneous Terms

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. These Terms & Conditions are the entire agreement between you and us relating to the subject matter herein. These Terms & Conditions may be modified only by our posting of changes to these Terms & Conditions on our Website. Each time you access our Website, Scale or Mobile App, you will be deemed to have accepted any such changes.

We may assign our rights and obligations under these Terms & Conditions. These Terms & Conditions will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms & Conditions, or to exercise any right under the Terms & Conditions, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect. (Last modified as of December 12, 2021)