Terms of Use

STYR Labs Inc. and its affiliates ("STYR," "we" or "us") provide online and mobile services, including, but not limited to the STYR website ("styr.com" or the "Site") and mobile applications for the Apple™ iOS, Microsoft™ Windows Phone and Google™ Android platforms hosted by or on behalf of STYR (collectively, the "STYR Services") intended to provide science-based nutritional advice to users of various personal fitness and body monitoring electronic products offered by third parties. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND STYR, INC. AND GOVERNS YOUR USE OF THE STYR SERVICES. Subject to your acceptance of and adherence to these Terms of Use (the "Terms of Use"), STYR hereby grants you a limited, non-exclusive license to utilize the STYR Services as set forth herein. The terms "you" and "user" shall refer to all individuals and entities that access the STYR Services.

By your affirmative actions of registering for and/or using the STYR Services, you signify your agreement to these Terms of Use and our Privacy Policy and consent to allow STYR to communicate with you electronically regarding the STYR 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 STYR 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 STYR Services or communicate significant changes by email. Your continued use of the STYR Services following the posting of such changes constitutes your acceptance of the Amended Terms of Use.

Requirements for Use of the STYR Services

The STYR Services are available for individuals aged 18 years or older. Full use of the STYR Services requires compatible third party products (e.g. fitness apps, body monitoring devices, etc), Internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors. The STYR 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 STYR Services.

Agency

You represent that you are using the STYR Services for its intended purpose. If you are registering or using the STYR 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 through the STYR 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 STYR Services. You should consult with your physician before following any training instructions you receive through the STYR Services or participating in any event announced on or through the STYR Services. Not all exercises or activities described on the STYR 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 STYR Services unless such use is directed and closely monitored by a physician. By using the STYR Services, you represent that you have received consent from your physician to participate in the programs or nutritional recommendations described on the STYR Services.

We are not responsible for any health problems that may result from training programs, products, or events you learn about through the STYR Services.

Information accesible trought the STYR Services

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

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. STYR cannot and does not assume any responsibility or liability for any information submitted by someone who has fraudulently accessed your STYR 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 STYR account registration form (the "Registration Data") is accurate and complete, and you agree to update your account information, as necessary, including providing STYR with your current email address, so that you may receive notifications and other account-related communications.

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

Ownership of the STYR Services

Except for the User Generated Content, the STYR Services and all aspects thereof, including all copyrights, trademarks, and other intellectual property rights therein, are owned by STYR or its licensors. You acknowledge that the STYR Services and any underlying technology used in connection with the STYR Services contain STYR'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 STYR 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 STYR Services not expressly granted to you by STYR are retained by STYR and its licensors.

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

User Indemnification Of STYR

Upon request by us, you agree to defend, indemnify and hold STYR 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 STYR 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 STYR 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 STYR Services

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

Third Party Services

The STYR Services may provide links or references to apps or websites operated by third parties. We do not monitor or investigate such apps or websites and we are not responsible for the content, functionality, or practices of the same. Inclusion of links to third party websites on our STYR Services does not imply approval or endorsement of the linked website by us. If you decide to leave our STYR Services and access these third party websites, you do so at your own risk. STYR suggests that you read the terms of use and privacy policies (if any) on those third party websites. You agree that STYR 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

THIS WEBSITE OR OUR APP IS PROVIDED BY STYR AND ITS AFFILIATES "AS IS." NEITHER STYR NOR ITS PARTNERS, SUPPLIERS, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR OUR APP, ITS CONTENTS, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE WEBSITE. IN ADDITION, STYR AND ITS PARTNERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE WEBSITE OR OUR APP, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, STYR DOES NOT WARRANT THAT USE OF THE WEBSITE OR OUR APP 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 OR OUR APP IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.

Limitation of Liability

IN NO EVENT WILL STYR 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 OR OUR APP, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT STYR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF STYR, ARISING FROM OR RELATING TO THE WEBSITE OR OUR APP (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. STYR'S AFFILIATES, PROVIDERS AND PARTNERS HAVE NO LIABILITY WHATSOEVER ARISING FROM THE WEBSITE OR OUR APP. In some locations applicable law may not allow certain of the limitations described above, in which case such limitations may not apply to you.

Dispute Resolution

You agree that any dispute between you and STYR arising out of or relating to these Terms of Use or the STYR Services (collectively, "Disputes") will be governed by the arbitration procedure outlined below. Governing Law: The Terms of Use and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of Arizona without regard to its conflict of laws principles. Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against STYR, you agree to try to resolve the Dispute informally by contacting support@STYR.com. We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or STYR may bring a formal proceeding. We Both Agree To Arbitrate: You and STYR agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting legal@STYR.com within 30 days of first accepting these Terms of Use and stating that you decline this arbitration agreement. Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Phoenix, Arizona, or any other location we agree to. Arbitration Fees: The AAA rules will govern payment of all arbitration fees. STYR will pay all arbitration fees for claims less than $75,000. STYR will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. Exceptions to Agreement to Arbitrate: Either you or STYR may assert claims, if they qualify, in small claims court in Phoenix, AZ or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the STYR Services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. No Class Actions: You may only resolve Disputes with STYR on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed under our agreement. Judicial Forum for Disputes: In the event that the agreement to arbitrate is found not to apply to you or your claim, you and STYR agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Maricopa County, Arizona. Both you and STYR consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial. Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the STYR Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

General

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. STYR'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 STYR in writing. These terms and conditions constitute the entire agreement between you and STYR 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.