Terms and Conditions

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

By your affirmative actions of registering for and/or using the Qardio Services, you signify your agreement to these Terms of Use and our Privacy Policy and consent to allow Qardio to communicate with you electronically.

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 Qardio 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 Qardio Services or communicate significant changes by email. Your continued use of the Qardio Services following the posting of such changes constitutes your acceptance of the Amended Terms of Use.

CONTENT AND WARRANTY DISCLAIMER

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

LIMITATION OF LIABILITY

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

This policy was last updated on December 6, 2012.