Terms of Use

Fat Statz, LLC dba BodySpex ("BodySpex", "we", "us" or "our") provides services to its users and members ("you") subject to this Terms of Service Agreement ("TOS"). By accessing, browsing and/or using this website ("Site") or any integrated device ("BodySpex Scale", "BodySpex device"), you acknowledge that you have read, understand and agree to be bound by this TOS and to comply with all applicable laws and regulations.

Please read this TOS in its entirety. It contains provisions that limit our liability to you. If you do not agree to this TOS, please do not use this Site.

BodySpex Scale

You may have access to a BodySpex Scale at your health club, corporate fitness center, school or other location. The BodySpex Scale offers two kinds of tests: a weight measurement test and a body fat percentage test that utilizes bioelectrical impedance analysis technology ("BIA"). Persons with an internal medical device, such as a pacemaker, should not use the BodySpex Scale in the body fat test mode. Please read our Cautions page.

Individuals with extremely high or low body fat percentage may not receive accurate body fat test results, as they fall outside the population for which this Scale was developed. BodySpex makes no guarantee as to the absolute accuracy of the data provided by any test.

Depending on the deployment arrangement with your host facility, full use of the BodySpex Scale may be free or require a subscription. When applicable, only one user per subscription is allowed to access restricted features or functions. Multiple users accessing restricted Scale functions or features via the same subscription is strictly prohibited and may result in expulsion(s) and forfeiture of subscription.

The BodySpex Scale is engineered to be durable in a public setting, however, some components are sensitive. Please use care when interacting with the Scale. Members who abuse or misuse the Scale or any Scale components may be expelled and forfeit any subscription.

Website

BodySpex provides integrated devices, this Site, and supporting software ("System") so users can effectively manage their health, fitness and lifestyle behaviors. Achieving health and fitness goals can be a long journey that requires sustained personal motivation. This System is engineered to help our users maintain personal motivation to achieve health, fitness and lifestyle goals through innovative assessment features and behavioral guidance.

General use of this Site is free. In the future, certain premium features may be offered for a fee. BodySpex employs reasonable security features to ensure any financial information supplied by members is secure. Please read our Privacy Policy for more information.

This Site provides features where users record, manually and/or via an integrated BodySpex device, biometric, medical and behavioral measurements and other data in personal accounts. BodySpex respects the privacy of our members.

Additional features on the Site include pages with forum functionality ("Community"). You may be exposed to content that is inaccurate, offensive or objectionable. You understand and acknowledge that participation on the Site is at your own discretion and at your own risk.

Your participation on the site must be consistent with the health, fitness and lifestyle goals of the BodySpex Community. You agree to be respectful of the rights of others, including the right to privacy. You agree to be careful what you say about yourself and to not disclose any personal information of another.

You agree...

• not to use offensive or derogatory language or engage in personal attacks
• not to attempt to gain access to private information of another member
• not to impersonate BodySpex staff, affiliates, another member or anyone else
• not to mislead others or use the BodySpex service in the course of any illegal activity
• not to engage in any commercial activity or advertising, excepting that explicitly authoritized by BodySpex
• not to post material that is derogatory, or hurtful, or violates the copyright of another

Any images that you post should be consistent with the BodySpex health and fitness lifestyle. BodySpex believes in the myriad beauty of the human form; however, images that are overtly sexual or particularly offensive are not appropriate. BodySpex may remove or edit any content, including but not limited to, any posts, comments, images, avatars and links.

Data

Data is essential to our services. Our mission is to offer our users innovative data feedback mechanisms, while protecting the privacy of our members. To that end, we store member biometric, medical, behavioral and other data into aggregate databases to create anonymous, non-identifiable data sets for our interactive graphs and other features.

BodySpex retains the right to store data collected in our database into aggregate databases for data mining, data feedback and other purposes. Member names, addresses, emails, phone numbers and financial information ("Excluded Member Data") are explicitly excluded from this function.

Excluded Member Data is organized and maintained in our database for the purpose of site management. BodySpex will not share your Personal Information with a third party without your advance consent unless compelled by law.

BodySpex takes reasonable measures to protect all data on our servers from unauthorized access. All data collected by our servers, and compiled in aggregate anonymous data sets, is the exclusive property of BodySpex.

In order to present clear and meaningful data feedback, some data sets may involve data averaging, rounding or other minor manipulation.

Challenges and Workplace Wellness

BodySpex offers our users the opportunity to organize and/or join health & fitness-related challenges. Challenges, including all standard, mini and workplace wellness challenges you may encounter on this Site ("Challenges"), involve a high degree of trust. Challenges provide groups of people who are known to one another or associated with one another, such as friends, family, and co-workers, to build and maintain motivation for their healthy lifestyle goals. On this site, you may encounter invitations and/or offers to join Challenges organized by a party completely unknown to you. IMPORTANT - by joining or accepting a challenge invitation, you will expose your real name and email address to the Challenge organizer. If you desire to keep your real name and email private from any organizer, do not join a Challenge.

By starting and organizing a challenge, you acknowledge that all prizes, rewards, or any other incentive associated with your challenge, is the sole responsibility of the challenge organizer (you). Additionally, defining prize rules, determining all winners, and awarding of all prizes, awards or incentives is the sole responsibility of challenge organizer.

Data Interpretation

Test results and data feedback from any BodySpex device or Site feature does not provide an absolute gauge of health. Comparison of health and fitness data among individuals can be misleading. No one should interpret any information obtained on this Site or through our System as a criticism of personal worth.

Attempting to achieve an extremely low body fat percentage or body weight can have serious health risks. You are strongly advised to consult a health professional before establishing body weight and/or body fat percentage targets.

Indemnity

BodySpex is not responsible for any consequence or damages arising from the misuse of information provided by this System. You agree to waive any legal or equitable rights or remedies you have or may have against BodySpex, and agree to indemnify and hold BodySpex, its owners, officers, operators, affiliates and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of this System.

BodySpex does not dispense medical advice. Do not misinterpret data and/or data comparison as medical advice. Seek the advice of your health professional for all medical questions.

Individual bodies differ and not all diets or exercises are appropriate for everyone. Prior to beginning any exercise or diet program, seek the advice of your health professional.

Some activities mentioned on this Site may be dangerous and could lead to injury or even death. Exercise good judgement and caution.

BodySpex does not warrant any content in the Community. Information may be incorrect, misleading, or not suitable for certain people. Links may lead outside of this Site, where BodySpex has no control over the content provided.

Advertising and Links

BodySpex devices, this Site and BodySpex emails may feature advertising and/or links to third-party advertisers. The goods and services available through these links and advertisements are offered by independent companies, which are not affiliated in any way with BodySpex. BodySpex will not reimburse or indemnify you for any losses you may incur as a result of transactions with any BodySpex advertiser. Please use caution when making purchases online.

Privacy Policy

BodySpex is commited to your privacy, click here to read our Pivacy Policy.

Copyright and Trademark

This Site and its contents are copyright ©2009, BodySpex, or used under license. All rights reserved. BODYSPEX is a registered trademark of Fat Statz, LLC.

Misc

This TOS may be modified from time to time. When there is significant change, BodySpex will notify you. BodySpex may change the features offered on this Site at any time.

Do not share your login or password with another.

You agree to inform BodySpex administrators when you believe these Terms of Service have been violated. Bodyspex reserves the right to monitor the Site and to investigate reports of abuse or misuse of its services and to protect its property and assets. Failure to comply with any part of this TOS may result in expulsion and forfeiture of subcription or credit, if any.

Please Contact Us with any comments or questions.

Last Updated: December 23, 2009