When End User’s information is aggregated, End User’s Protected Health Information, name, ID, phone number, and email address, is deleted permanently. They are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations. Kinetic energy is the energy associated with moving objects. If you are planning any formal, proactive press outreach, you will submit the content (press release, blog post, etc.) Any additional costs added to your bill will be discussed with you. Remember, BMR refers to the minimum amount of calories needed for your body to perform necessary functions, such as repairing cells and building new ones. 14.7 Potential Other Rights and Obligations. This Agreement shall remain in effect for a one-year term (subject to a one year extension if the parties are still discussing and considering the Transaction at the end of the second year). to us for prior written approval (email acceptable), unless expressly allowed in our Branding Guidelines. Certain poses can help improve balance, flexibility, build/tone muscle, and even prevent injury. Only the de-identifiable information is kept for development, improvement, and/or marketing purposes. End User may also direct us to share End User’s Personal Information with any other third-party app or website which will be subject to different set of terms and conditions. Disclosure of Confidential Information. You must promptly notify us of any breaches of your user agreement or privacy policy that impact or may impact Members. Definition of Confidential Information. In the event of any conflict between the Developer Documentation and these Terms, these Terms shall control. Either party may terminate these Terms: (a) if the other party files a voluntary petition for bankruptcy or a petition or answer seeking a reorganization; (b) if the other party has filed against it an involuntary petition for bankruptcy that has not been dismissed within 60 calendar days thereof; (c) if the other party becomes insolvent, admits in writing its inability to pay its debts as they mature, or makes an assignment for the benefit of its creditors; (d) if the other party applies for or consents to the appointment of a receiver, trustee or liquidator for substantially all of its assets or such receiver, trustee or liquidator is appointed for the other party; or (e) upon the occurrence of a material breach of these Terms by the other party, if such breach is not cured within ten (10) business days after written notice identifying the matter constituting the material breach is provided by the non-breaching party. End User’s continued use of our Services constitutes End User’s acceptance to this Policy and any updates. You agree not to display Our Brand Features (a) in any way that violates applicable law, including laws regarding libel, slander, obscenity and infringement; (b) in any way that is misleading, implies that your Application is approved, created or endorsed by InBody (or otherwise embellishing your relationship with InBody); or (c) in a way that is otherwise objectionable to InBody in its sole discretion, unless otherwise permitted in our Business Partner Agreement. Per the Terms of Use of the LookinBody Web service and according to the latest fee structure, you agree to pay InBody the following, as it may apply to you; please note that some of these costs and fees may not apply to you: 1. a one-time $199.00 set-up and installation fee; 2. a Pay-Per-Month recurring fee of $25.00/month per InBody device for the use of InBody’s Services; 3. a Pay-Per-Month recurring fee of: $99.00/month for use of an Executive Account; and. The chemical reactions that occur in your body and make up your metabolism happen more quickly if the temperature is higher, as the body works harder to restore your normal temperature balance. To begin using the API, please first contact your InBody Representative for further information. Disclosing Party shall be entitled to recover its costs and fees, including reasonable attorneys’ fees, incurred in obtaining any such relief. A study was performed to specifically investigate the success of a 12 week yoga-based intervention in adults with metabolic syndrome. People with a fast metabolism tend to burn more calories, and store less fat on their bodies. This may include accessing and using: a. Cold water, in particular, is said to help the body burn more calories, as it requires that energy to heat it up … Physical activity, both adding muscle mass (through resistance training) and keeping up with consistent cardio workouts, is just one of the ways you can help speed up your metabolism. It’s still popular today, and for good reasons. to ensure that the Covered Data breach is contained as soon as possible, iii. The duration of these Terms (the “Duration”) will be from the date upon which you agree to these Terms and will continue until terminated as set forth below or unless otherwise made inapplicable. Hot yoga involves performing a set sequence in a studio that’s 105 degrees Fahrenheit with a 40% humidity rate. Customer abuse, misuse, negligence, or an issue caused by the End User. Your metabolic rate is determined by the number of calories your body needs to complete these functions of the body–important things such as repairing cells, breathing, and keeping your blood circulating. "Regularly drinking green tea may increase metabolism because of the caffeine and catechins it contains," says Gorin. You warrant that you have technological measures in place to detect Covered Data breach in your systems. You must immediately delete all Content if we terminate your use of the API, except when doing so would cause you to violate any law or obligation imposed by a governmental authority. take some steps to help boost your metabolism. Basal Metabolic Rate (BMR) refers to the minimum amount of calories and energy needed for your body to carry out basic cellular functions and support the maintenance of your lean body mass. The method for updating Personal Information depends on the information source. b. Deleting records and Personal Information is permanent; however, please note that in some cases we may be required to retain certain information where permitted or required by law, including without limitation if such information is the subject of a legal dispute. Cut down your sodium intake and include black pepper in various meals. Genetics play a role, too, and that’s something you can’t change. If you can take the heat, peppers that contain capsaicin can help you speed up your metabolism. Before obtaining information from Members, you must obtain their legally valid consent pursuant to your jurisdiction which, at a minimum, shall include: (a) how their data will be used, (b) when it will be collected (e.g., will the Application pull a Member’s Profile Data more than once); and (c) how a Member can withdraw their consent. This allows Facility Administrator to track how well their Analysis Facility is doing. (b) Notwithstanding anything in the foregoing to the contrary, Confidential Information shall not include information which: (i) was known by the Receiving Party prior to receiving the Confidential Information from the Disclosing Party; (b) becomes rightfully known to the Receiving Party from a third-party source not known (after diligent inquiry) by the Receiving Party to be under an obligation to Disclosing Party to maintain confidentiality; (c) is or becomes publicly available through no fault of or failure to act by the Receiving Party in breach of this Agreement; (d) is required to be disclosed in a judicial or administrative proceeding, or is otherwise requested or required to be disclosed by law or regulation, although the requirements of paragraph 4 hereof shall apply prior to any disclosure being made; and (e) is or has been independently developed by employees, consultants or agents of the Receiving Party without violation of the terms of this Agreement or reference or access to any Confidential Information. The parties further acknowledge and agree that they each reserve the right, in their sole and absolute discretion, to reject any and all proposals and to terminate discussions and negotiations with respect to a Transaction at any time. Staying hydrated is extremely important for metabolism. This red pepper may curb your appetite, speed up your metabolism, and help you burn calories. They help us –. We may modify or release subsequent versions of the API, and/or subsequent versions of these Terms, the Privacy Policy, and the Business Partnership Agreement, and require that you use those subsequent versions. If you have any questions about your billing cycle and/or your logins, please contact our support representative. 2) Use of Personal Information: By InBody Co., Ltd. a. InBody Co., Ltd. may share or sell aggregated, de-identified, data that does not identify End User, with partners and the public in various of ways, such as by providing research or reports about health and fitness or in connection with contests, challenges or another event. The parties acknowledge that although they shall each endeavor to include in the Confidential Information all information that they each believe relevant for the purpose of the evaluation of a Transaction, the parties understand that no representation or warranty as to the accuracy or completeness of the Confidential Information is being made by either party as the Disclosing Party. But it turns out there’s a method to the madness–for those who can take the heat, extra health benefits might be in store. We take reasonable and appropriate measures to protect the data End User submit, including physical, organizational, and technological security measures. Personal Information comes from one of the following: 1) Entered by End User on the App or the Product, 2) Entered by the Analysis Facility on the Site or the Product. and state regulations, agreements or the ruling of any court or other lawful authority. InBody shall not provide support to any Service or the API when damage or malfunction results from: a. Make any statements or use any API or Content in a manner that expresses or implies that you, your Application or your use of the Content is sponsored or endorsed by InBody (e.g., you must not state or in any way imply that InBody has “verified” or “confirmed” the veracity of any Content); j. Notwithstanding the above, each party may retain a copy of these Terms and such other confidential information of the other party as reasonably required for legal and auditing purposes. When we share End User’s Personal Information with any such third party we make sure they have appropriate safeguards in place for the protection of End User’s Personal Information and Personal Health Information so that the subcontractors and/or business associate are in compliance with HIPAA and other applicable state and federal privacy laws. Data may be stored in the Backup even after someone deletes an End User account or information to avoid accidental or malicious deletion of End User’s information. c. If you are a pay-per-month subscriber, you must terminate at least three (3) calendar days before the renewal date of your account to avoid next month’s charges; failure to do so may result in the subsequent month’s fee being charged to you. heat actually speeds up the metabolism. 3) Wearable devices: Wearable devices track End User’s sleep, calories, activity, steps, etc. This is the chemical in peppers that makes you sweat because the food is so hot. Each party warrants that it has the right to make the disclosures under this Agreement. If you have more muscle, you’ll burn more calories. You grant us a limited, non-exclusive, non-assignable, non-sublicensable, and non-transferable license during the Duration to display your trade names, trademarks, service marks, logos and domain names (collectively, “Your Brand Features”) to promote or advertise your use of the APIs in your Application. You must comply with these Terms in order to use the APIs and we reserve the right to terminate your access to the APIs should you fail to comply or be discovered to have failed to comply. A common method is through activity. For example, if End User withdraw End User’s consent to use Personal Information such as weight, height, or gender, it will be impossible for the InBody Body Composition Analysis Device to test End User’s composition. In such an event, End User’s information will transfer to the acquiring company. The Covered Entity that discloses the Personal Health Information to InBody must enter into and comply with terms of a mutually agreeable Business Associate Agreement. If End User remove cookies, things like saved preferences on websites might get deleted and some website features or services may not function as well. Yoga is extremely beneficial for many reasons. This includes creating multiple Applications for identical, or largely similar, usage; p. Distribute or allow third parties access to any stand-alone API; q. In the event of litigation between the parties arising out of or related to these Terms, the prevailing party will be entitled to recover its attorneys’ fees and costs incurred. Keep your Access Credentials secret. Inactivity is defined by two requirements: 1) When End Users are inactive (have not logged in) on the App, 2) When End Users have not used the Product at the Facility. The idea behind hot yoga is simple but might seem crazy to some. End User’s consent denotes that End User has read the Policy in its entirety and understand the collection, use and disclosure of End User’s Personal Information in our organization. If any provision of these Terms is found to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable to the maximum extent possible in order to effect the intention of the provision; if a term cannot be so modified, it will be severed and the remaining provisions of these Terms will not be affected in any way. This is something more easily changeable than certain genetic or biological factors, such as age, height or gender. We may provide you with support for the APIs in our sole discretion and we may stop providing support to you at any time without notice or liability to you. And although hot yoga may seem like an undue, sweaty punishment, the rewards could be worth it- because of the exposure to heat, hot yoga can help speed up your metabolic rate. “Profile Data” means any or all of a Member’s profile data available through an applicable API, subject to a Member’s profile visibility and other privacy settings. Certain poses can help improve balance, flexibility, build/tone muscle, and even prevent injury. of the body–important things such as repairing cells, breathing, and keeping your blood circulating. Heat increases kinetic energy in cells by speeding up the molecules involved in chemical reactions, bringing them together more often. Nothing in these Terms will be construed as creating a partnership or joint venture of any kind between the parties and neither party will have the authority or power to bind the other party or to contract in the name of or create a liability against the other party in any way or for any purpose. These third parties may be provided with access to the Personal Information needed to perform functions for us, but the use will be subject to contracts and agreements in place that protect the confidentiality of the information. To know more about ranking system and the different functions of the Wearable device, please refer to the “Terms of Service for End User”. With respect to a Vetted API Program, these Terms shall apply except where there is conflict with the applicable Business Partner Agreement, in which case such Business Partner Agreement shall control. You must not interfere or attempt to interfere with such monitoring or otherwise obscure from InBody your API activity. A Facility User may be asked to provide identifiable information to InBody if they call in for support. Confidential Information need not be novel, unique, patentable, copyrightable or constitute a trade secret in order to be designated Confidential Information. B. c. any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. Nevertheless, the End User should be vigilant of the accuracy of their own Personal Information. We restrict access to Personal Information and Personal Health Information to InBody employees, contractors, and agents who need to know Personal Information or Personal Health Information in order to process something for us. Third party integration with our Services, such as Site, may require access to the Personal Information in a non-traditional manner which will be subject to different set of Terms. You feel the heat in your mouth and on your lips, an you may even begin to sweat. Another way to increase calorie expenditure is through physical activity. if you have more muscle, you’ll burn more calories, even while resting. (b) The validity, construction and performance of this Agreement shall be governed and construed in accordance with the laws of California applicable to contracts made and to be wholly performed within such state, without giving effect to any conflict of laws provisions thereof. In addition, we reserve the right to release End User’s information to law enforcement agencies if we determine, in our sole judgment, that the release of End User’s information may help protect the safety or property of any person or entity. You represent and warrant to InBody that: (a) you have the right to use, reproduce, transmit, publicly display, publicly perform, and distribute your Application (excluding InBody Materials); (b) use of your Application by InBody and its Members in accordance with the Application’s terms of use will not violate the rights of any third party (e.g., copyright, patent, trademark, privacy, publicity or other proprietary rights of any person or entity), or any applicable regulation or law, including the Digital Millennium Copyright Act, the laws of any country in which your Application is made available and any applicable export laws; and (c) you will comply with all applicable local, state, federal, and foreign laws, including, without limitation, any laws or regulations relating to privacy and data protection, which includes the acquisition of all necessary consent and authorization forms that your jurisdiction may require, in connection with its performance under these Terms, 10.2 Compliance and Amendments to These Terms. If a Transaction goes forward, the non-disclosure provisions of any applicable transaction documents entered into between the parties (or their respective affiliates) for the Transaction shall supersede this Agreement. Yoga is extremely beneficial for many reasons. You must promptly report any security deficiencies in, or intrusions to, your Systems that you discover (or are reported publicly or to you) to InBody in writing via email to LBWeb@InBody.com or subsequent contact information posted on the Developer Site if such intrusions could reasonably be expected to affect the Content, InBody or its Members in any way. If you do not demonstrate full compliance with these Terms, as determined in our sole discretion, we may restrict or terminate your access to the API. Dried mustard and chili powder has been shown in some studies to cause the same effect. But if End User prefer, End User can edit End User’s browser options to block them in the future. Any notices that you provide without compliance with this Section shall have no legal effect. We have policies and procedures in place: i. to access the level of risk to Covered Data subjects as soon as feasible, ii. An Analysis Facility that is a Covered Entity hereby represents and warrants to InBody that such Analysis Facility has obtained the necessary Authorization Form, to ensure that such Analysis Facility has consent to disclose each End User’s Personal Information and Personal Health Information which shall comply with HIPAA and other applicable state and federal privacy laws. And although everyone is different, your metabolic rate can be sped up–through exercise such as HIIT, and through prolonged exposure to heat using activities such as hot yoga. All Claims (except those brought in arbitration and small claims court) can be litigated only in the federal or state courts in Los Angeles County, California, USA, and we each agree to personal jurisdiction in those courts. Your muscles need the energy to help them stay healthy–this means your body requires more fuel to maintain muscle mass. End Users or Analysis Facilities in connection with End User’s participation in contests, challenges or other events. 7. that had participants go through an 8-week hot yoga program, older participants had a significant decrease in their BMI. 12.1 Applicability of Disclaimer and Limitation. Since all bodies are a different shape, size, and composition, some people simply have a lower or higher metabolic rate than their neighbor. working. We may, without your consent, publicly refer to you, orally or in writing, as a licensee of the APIs and/or user of the Content. We may decline End User’s access because of security or legal reasons but End User can submit a written request to us and we will try to address the issues as soon as possible. Heat affects your metabolism during exercise; prolonged exposure to heat can actually speed up your metabolic rate. If you are a California resident, please also review our California Privacy Act Addition, which is how our privacy policy pertains specifically to California residents and businesses. An active subscription to the LookinBody Web service is required to utilize the API feature. All such notices or communications shall be deemed to have been given and received (a) in the case of personal delivery or electronic-mail, on the date of such delivery, (b) in the case of delivery by a nationally recognized overnight carrier, on the third business day following dispatch and (c) in the case of mailing, on the seventh business day following such mailing. a. IX. Accessing and Correcting Personal Information. Camera – To allow End User to take pictures and share with the Facility User, c. Call – To make calls to a Facility User and to allow call notifications to be sent to End User’s wearable Product, d. Gallery – To allow End User to share End User’s images with the Facility User, e. Contacts – To allow End User to track and rank End User’s family and friends who use the App and the Product, 3) End User’s email address is used to send End User a temporary password if and when End User forget End User’s credentials for the App; it may also be used for other services related to End User’s password to confirm End User’s identity. Accordingly, all of our rights in these Terms may be exercised without prior notice or liability to you. And that’s why so many have turned to hot yoga in the hopes of helping their BMR. d. To learn more about data handling processes, please refer to our Privacy Policy. Where InBody has provided you with a translation of the English language version of these Terms or any document referenced in these Terms, you agree that the translation is provided for your convenience only and that the English language versions of any such document, will control. If your Application is a franchise application, you must enter into customer agreements with your franchise customers that describe how you will be accessing InBody accounts and Content on the customer’s behalf. You agree and understand that you are responsible for any or all risks arising from the use of the API. ; Cumin fights inflammation, which is especially useful if you are prone to bloating. But it turns out there’s a method to the madness–for those who can take the heat, extra health benefits might be in store. Metabolic rate takes the concept of metabolism one step further. So even when you’re not doing anything, your body will be burning calories. After the data is deleted permanently, the Backup will be deleted, subject to any legal requirements. This is called the thermic effect of food (TEF). Notice of such a transfer will be provided by posting to the Site or via another form of communication. Information We Collect from an End User: 1) App: When an End User registers for the App, we require the following information: End User’s name, email address, telephone number, age, height, weight, and gender. prolonged exposure to heat can actually speed up your metabolic rate. Capsaicin does the same thing. Yoga is a great way to stretch your muscles while also relieving both physical and emotional stress. These conditions include high cholesterol, high blood pressure, and excess body fat around the waist. You may create up to one hundred test profiles for purposes of testing your Application only. End User’s Personal Information is aggregated when End User are inactive on the App AND have not used the Product for ten years. Do not sell, share, transfer, or sublicense them to any other party other than your employees or independent contractors in accordance with Section 3.1 below. You must create the profiles manually and not via automated means, such as scripts. We may disclose the information we collect from End Users where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any individuals, violations of our Terms or this Policy, or as evidence in litigation in which we are involved. thats how when you work out u burn calories. This Agreement does not create a joint venture or partnership between the parties. It has also been found to improve body composition in elderly populations–. Both your internal and external temperatures influence your metabolic rate. As you might guess, this means your metabolism is never. InBody and its third-party affiliates have developed a comprehensive incident readiness and response plan designed to identify the cause, extent and nature of an incident involving Personal Information and Personal Health Information and to allow timely reporting in accordance with our contractual terms or legal obligations. As between the parties, we own all rights, title, and interest in and to the (a) APIs, and all elements, components, and executables of the APIs, (b) Content; (c) Services; and (d) Our Brand Features (clauses (a)-(d) collectively, the “InBody Materials”), and, subject to the foregoing, you own all rights, title, and interest in and to the Application and Your Brand Features. 9. Metabolic rate takes the concept of metabolism one step further. If an End User is continuously using the Product, End User’s information will be retained until End User become inactive for ten years or deletes the information by making a request to the Facility. It’s always running in the background, performing these essential functions. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable (except to independent contractors so they may host, develop, test, operate, modify or support your Application in accordance with Section 3.1), non-transferable, non-assignable license under InBody’s intellectual property rights during the Duration (as defined in Section 11.1, below) (a) to use the API to develop, test, operate and support your Application; (b) to distribute or allow access to your integration of the API within your Application to end users of your Application; and (c) to display the Content accessed through the API within your Application. You may store the Application-specific ID that we provide to you for identifying users of your Application (“User ID”) or the mobile number tokens that we provide to you when a Member registers to our Services with their InBody account (“User Token”). The Content must not be stored in a data repository that would enable any third party access (other than the customer or Member to which it relates). For the Duration you grant us a royalty-free, non-exclusive, worldwide, irrevocable right and license, under all of your intellectual property rights, to: (a) use, perform, and display your Application and its content for purposes of marketing, demonstrating, and answering inquiries; (b) link to and direct Members to your Application; and (c) sublicense the foregoing rights to InBody Affiliates (as defined in Section 12.3 below).
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