Terms and Conditions of Use

Omron Healthcare, Inc. and its Omron Affiliates (collectively referred to as “Omron”) welcome you to the Omron Fitness Program at www.OmronFitness.com (hereafter “Fitness Program” and “Fitness Site”). This agreement is legally binding between you and Omron and governs your use of the Fitness Site. By enrolling in the Fitness Program and accessing the Fitness Site, you are agreeing to the terms of this agreement and consenting to allow Omron to record and store personal information you provide to Omron through the Fitness Site and allowing Omron to communicate with you either electronically or otherwise and to send you promotions, rewards, advertisements, etc.

Minors

Use of the Fitness Site and Fitness Program is not permitted for children 12 years or younger. Use of the Fitness Site and Fitness Program by minors age 13–18 is by agreement of the minor’s parent. Any user age 13–18 must have his or her parent agree to the terms of this agreement as well as the Privacy Policy and End User License Agreement on behalf of the minor. By accessing the Fitness Site you acknowledge that you are 18 years or older or, if not, that you are at least 13 years old and your parents have read and agreed to the terms of this agreement, the Privacy Policy and the End User License Agreement.

CAUTION!

The Fitness Program and Site are not intended for diagnostic purposes and should not be relied upon for such purposes. The Program should be used only with the advice and consent of a physician. Omron is not a medical care provider and does not provide medical advice. The Fitness Program and Fitness Site are not intended to diagnose, examine, monitor or treat medical conditions. Not all activities in the Fitness Program may be suitable for you. Participating in any exercise program may cause physical injury or other adverse consequences. Omron is not liable for any injury or damages caused as a result of participating in the Fitness Program. Your use of the Fitness Site and your participation in the Fitness Program are done at your own risk. Information on the Fitness Site is not intended to be relied upon in lieu of medical treatment or advice by a trained medical provider. You should consult your physician before starting any fitness or diet program. When participating in any fitness program or physical exercise, there is the possibility of injury. If you feel discomfort or pain, immediately stop the activity causing the discomfort or pain. People with type 1 diabetes or other serious medical conditions should not use the Fitness Program except under the direction of a licensed physician.

NO WARRANTIES/NO LIABILITY

Omron makes no warranty of any kind about any information, services, reports, calculations or recommendations made on the Fitness Site or Fitness Program. The Fitness Program and Fitness Site are provided by Omron “AS IS” and are not guaranteed to be operational at all times or free of errors or omissions or viruses that may harm your computer. Use of the Fitness Program and the Fitness Site are done at your own risk.

OMRON MAKES NO REPRESENTATIONS, WARRANTIES OR ASSURANCES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE EFFECTIVENESS OF ITS FITNESS PROGRAM OR AS TO THE OPERATION OF THE FITNESS SITE OR AS TO ANY INFORMATION CONTAINED OR MADE AVAILABLE THROUGH THE FITNESS SITE. OMRON DISCLAIMS ANY WARRANTIES OF ANY KIND INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY FOR THE FITNESS PROGRAM AND FITNESS SITE.

Omron is not liable for any damages resulting from unreliable or inaccurate information provided through the Fitness Site or Fitness Program. Any reliance on information (including reports, data, calculations, etc.) provided through the Fitness Site or Fitness Program is done at your own risk. Omron is not responsible for any injuries or health issues arising from use of the Fitness Program or Fitness Site or any training programs or products posted or promoted on the Fitness Site. Omron does not endorse any of the training programs or products posted or promoted through the Fitness Program or Fitness Site. Omron is not liable for the information you receive through the Fitness Program or Fitness Site or the accuracy or reliability of any such information.

Omron shall not be liable for any damage to your computer or electronic devices sustained due to use of the Fitness Site. OMRON SHALL NOT BE LIABLE FOR LOST PROFITS, LOST DATA OR LOSS OF USE OR ANY OTHER INCIDENTAL, CONSEQUENTIAL OR INDIRECT COSTS, EXPENSE OR DAMAGES. FURTHER, IN NO EVENT SHALL LIABILITY OF OMRON OR ITS AFFILIATES EXCEED FIFTY DOLLARS (US$50) CUMULATIVELY.

Omron is not responsible for and does not monitor websites operated by third parties that are posted as links or references on the Fitness Site. Inclusion of links to a third party’s website is not an endorsement of such third party nor an approval of the accuracy or appropriateness of such third party’s website. You agree to hold Omron harmless and free from any liability for any damages or loss of any type resulting from your use of a third party’s website or services.

Rewards

Omron is not liable in the event a third party does not honor a reward offered through the Fitness Program or Fitness Site. Any rewards issued through the Fitness Program are nonrefundable and have no cash value.

Privacy and Misuse

You agree to notify Omron immediately if you become aware of any unauthorized use of the Fitness Site through your username or password. You warrant that the information you provide about yourself in the account registration process is accurate and complete and that you will update any such information if it changes in the future. You acknowledge that Omron cannot assure complete privacy and confidentiality of your information except as otherwise set forth in the Omron Fitness Privacy Policy. Pictures you post and data and other communications you input must be appropriate and not offensive, must be for personal, noncommercial purposes and free of any copyright infringements. You agree to indemnify and hold Omron harmless from and against all losses, liabilities, damages, expenses and costs, including attorneys’ fees, arising from any claims, actions or demands related to your infringement of copyrighted materials, your violation of any intellectual property rights, your use of the Fitness Program and Fitness Site, your posting of inappropriate materials or your violation of this agreement. Omron reserves the right to block or terminate your access to the Fitness Site and to delete and remove any of your data, information, pictures or other postings for any reason including inactivity for an extended period of time.

Modifications

Omron has the right to modify this agreement at any time, with or without direct notice to you. Any modifications to this agreement will be posted on the Fitness Site and you agree that it is your responsibility to review updates to this agreement. Your continued use of the Fitness Site constitutes your agreement to these terms and conditions of use and any future modifications to this agreement.

Omron may modify, revise, change or discontinue the Fitness Program and Fitness Site, in whole or in part, at any time without advance notice to you.

Governing Law

This agreement is governed by and interpreted in accordance with the laws of the State of Illinois, United States of America, without reference to conflict of laws principles. Any dispute arising out of or related to this policy will be brought in Illinois and each party agrees to the exclusive jurisdiction of the state and federal courts sitting in Cook County, Illinois, U.S.A. Each party waives all defenses of lack of personal jurisdiction and forum non conveniens.

Severability

If any provision of this agreement is found to be ineffective or invalid under law, such provision shall be severed from this agreement without affecting any other provision.