Terms of Use

Carré Technologies Inc. and its affiliates and partners ("Hexoskin," "we" or "us") provide online and mobile services, including, but not limited to the Hexoskin website ("Hexoskin.com" or the "Site"), electronic devices, computer and mobile applications hosted by or on behalf of Carré Technologies (collectively, the "Hexoskin Services") intended to enhance a consumer's use of the personal fitness and body monitoring electronic products offered by Hexoskin (the "Hexoskin Products").

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND CARRÉ TECHNOLOGIES INC. AND GOVERNS YOUR USE OF THE HEXOSKIN SERVICES. Subject to your acceptance of and adherence to these Terms of Use (the "Terms of Use"), Hexoskin hereby grants you a limited, non-exclusive license to utilize the Hexoskin Services as set forth herein. The terms "you" and "user" shall refer to all individuals and entities that access the Hexoskin Services.

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

Modifications to the Terms of Use

We may modify the Terms of Use from time to time. A link to the most recent Terms of Use is available on the Hexoskin web site, and we will indicate the date of the latest modification at the bottom of the Terms of Use. We may also communicate with you by email or through the Hexoskin Services when significant changes are made to this document. Your continued use of the Hexoskin Services following such changes constitutes your acceptance of the Amended Terms of Use.

Requirements for Use of the Hexoskin Services

Full use of the Hexoskin Services requires compatible Hexoskin biometric shirt and Hexoskin Device, a mobile device with Internet access, and certain software. The software may require periodic updates to maintain the availability of Hexoskin Services. The use of the Hexoskin Services may be affected by the performance of the Internet connection, the mobile device, or other third party accessories, software and devices. The Hexoskin 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 Hexoskin Services.

Please see the section entitled "Precautions" below for recommended precautions related to your use of the Hexoskin Products and the Hexoskin Services.

Age Requirements

The Hexoskin Services are available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.

Agency and Intended Use

You represent that you are using the Hexoskin Services for its intended purpose. If you are registering or using the Hexoskin Services on behalf of a company or other organization, you represent that you have authority to bind your employer by your actions.

Not a Medical Device

Hexoskin Products and Services are not intended, and should not be used to investigate, diagnose, monitor, treat or prevent disease or other medical conditions nor to provide information for medical or diagnostic purposes.

Before starting any exercise program, you should ask your physician for a complete physical examination. You should warm-up and stretch correctly before beginning any exercise. Stop exercising immediately if you feel pain, dizziness, dehydration, or exhaustion. By exercising, you assume the risks inherent in physical exercise, including any injury that may result from such activity.

Keep away from children. Do not attempt to open the product, disassemble it. Do not remove or attempt to remove the battery; no user serviceable parts are inside; attempt to do so voids the products' warranty (reference). Do not use the product if it is damaged. Do not use near pacemakers, or near other critical healthcare equipement. Do not use during medical exam. Do not use near a magnetic resonance imaging (MRI) devices or X-Ray devices. Carré Technologies is not responsible for uses that are not approved and for which the device is not certified. Consult the Important Safety and Product Information guide on our website for additional product warnings and supplemental information concerning the use and operation of this product.

Precautions

Content found on Hexoskin.com or through the Hexoskin 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 or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition.

Warning about Physical Activity

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

We are not responsible for any health problems that may result from training programs, products, or events you learn about through the Hexoskin Services. If you engage in any exercise program you receive or learn about through the Hexoskin Services you agree that you do so at your own risk and are voluntarily participating in these activities.

Information on the Hexoskin Services

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

Your Privacy Settings

Through the Hexoskin Services, we enable you, if you wish, to share information with others, as this is an important motivator to achieve fitness goals. You can use the privacy settings within the Hexoskin Services to control which information about you is shared with others.

User-Generated Content

Subject to Hexoskin's adherence with the privacy settings you select within the Hexoskin Services, you hereby grant to Hexoskin a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit any text, photographs or other data and information you submit to the Hexoskin Services (collectively, "User Generated Content") in any media now existing or hereafter developed, including without limitation on websites, in audio format, and in any print media format. "User Generated Content" includes but is not limited to content posted on message board posts, blogs, journals, body metrics, and user comments. Subject to Hexoskin's adherence to the privacy settings you select within the Hexoskin Services, you hereby waive any rights of publicity and privacy with respect to the User Generated Content and any other legal or moral rights that might preclude Hexoskin's use of the User Generated Content or require your permission for Hexoskin to use the User Generated Content. You agree not to assert any claim, whether based on tort, contract, or other legal theory, against Hexoskin or its sublicensees relating to Hexoskin's or its sublicensees' use of the User Generated Content in accordance with your privacy settings, and you hereby release Hexoskin and its sublicensees from any such claims. You represent that your User Generated Content: (1) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights; (2) will not violate any law, statute, ordinance or regulation; (3) will not be obscene or contain child pornography; (4) will not contain any viruses, worms, time bombs or other computer programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (5) will not violate any third party's rights of publicity or privacy; and (6) will not be defamatory, unlawfully threatening or harassing, harmful to minors in any way, or otherwise offensive or inappropriate. You are responsible for complying with all laws applicable to your User Generated Content.

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

The Hexoskin Services are subject to the Hexoskin Privacy Policy.

Ownership of the Hexoskin Services

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

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

Email Rules

Some of our users will make their email addresses available if they wish to converse with other users with similar interests or goals. If you use this information, you agree not to transmit "spam" or other unwanted solicitations, or any material that is harassing, threatening, offensive, obscene, abusive, harmful, defamatory, invasive of another's privacy, infringing of another's intellectual property rights, or illegal. Users found using email information in this manner may have their user accounts terminated. We are not responsible for the content of email messages sent to you by our users or from third parties.

Copyrighted Materials

You agree that any materials uploaded by you does not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you have obtained all necessary rights and licenses required to allow the posting of any content posted by You. Hexoskin has the right to remove any material if it does not meet these standards or for any other reason Hexoskin deems appropriate.

If you feel that any content uploaded on the Hexoskin Services infringes your copyrights or other intellectual property rights, please notify us by sending an email to our support.

User Indemnification Of Hexoskin

Upon request by us, you agree to defend, indemnify and hold Hexoskin 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 Hexoskin Services, including any User Generated Content you post, store, reproduce, display, or distribute via the Hexoskin 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 Hexoskin 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.

User Conduct

If we determine that any user is not using the Hexoskin Services responsibly, we have the right (but not the obligation) to remove, edit, block, or delete such user's transmissions, User Generated Content, or use of the Hexoskin Services. We also have the right (but not the obligation) to suspend or terminate your access to other parts of the Hexoskin Services, or delete information you have uploaded to the Hexoskin Services, without prior notice if you engage in any conduct that we believe, in our sole discretion: (a) violates any provision of the Terms of Use, (b) is offensive to other users, (c) violates the rights of Hexoskin or third parties, or (d) could cause Hexoskin liability. Without limiting the foregoing, upon any termination of your account or access to the Hexoskin Services we may delete all User Generated Content and other information. If Hexoskin suspects that your Registration Data is inaccurate or incomplete, we may suspend or terminate your account.

Changes to Hexoskin Services

Hexoskin may change or discontinue, temporarily or permanently, any feature or component of the Hexoskin Services at any time without further notice. In addition, we may, without notice to the applicable user, terminate any account that have been inactive for more than 45 days, but have no obligation to do so. You agree that Hexoskin shall not be liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Hexoskin Services.

Third Party Services

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

THE WEBSITE AND SERVICES ARE PROVIDED BY HEXOSKIN AND ITS AFFILIATES "AS IS." NEITHER HEXOSKIN 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, HEXOSKIN 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, HEXOSKIN 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 HEXOSKIN 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 HEXOSKIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF HEXOSKIN, 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. HEXOSKIN'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.

General

The Terms of Use and the resolution of any dispute related to the Terms of Use or the Hexoskin Services shall be governed by and construed in accordance with the laws of the Province of Quebec without respect to its conflict of laws principles. You shall bring any legal action or proceeding against Hexoskin related to the Hexoskin Services exclusively in a federal or state court of competent jurisdiction sitting in Montreal, in the province of Quebec, and you agree to submit to the personal and exclusive jurisdiction of such courts. 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. Hexoskin'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. These terms and conditions constitute the entire agreement between you and Hexoskin 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.

Terms Specifically Related to Our Paid Service

For users who have elected to purchase a paid subscription to the Services the following additional terms and conditions shall apply:

  1. Description of the Services.

If you are signing up for Hexoskin Services, for your subscription fee, Hexoskin hereby grants to you a license to use the Services you subscribed for.

  1. Payments.

You agree to pay Hexoskin the fees for the Services for the duration of time and the amount you selected on the sign up page. You permit Hexoskin to charge this fee to your credit card and automatically renew the charge for the duration of your membership until you cancel. We use a third party credit card payment processor to process all payments.

  1. Automatic Renewal and Cancellation.

Membership fees will be charged to your credit card and will automatically renew at the price then in effect for the duration of your membership until you cancel. Yearly memberships will automatically renew once a year. Cancellation of your membership can be done using the Hexoskin Services, or by sending us an email with the following information: username, email address, phone number, billing address, reason for cancellation. If you choose to cancel, your cancellation will take effect at the end of the term in which you cancelled. If your credit card is invalid for any reason, charged back, or if Hexoskin does not receive payment, we will cancel your member benefits immediately.

  1. Term.

Unless terminated earlier, this Agreement will remain in force as long as you are a paid subscriber to the Services. If you terminate the Service, but continue to be a member of Hexoskin, the Terms of Use and Privacy Policy will still apply.

  1. Refund Policy and Termination.

If Hexoskin cancels the entire Service, you may request a subscription refund in writing within 30 days after the cancellation and receive a refund for the prorated amount of the fees for the Service. If Hexoskin makes a material adverse change to the Service or to the terms of this Agreement, you may terminate this Service and request a refund in writing within 15 days of such change and Hexoskin will refund the prorated amount of the fees for the Service. If you cancel within 30 days of joining or renewal, you are eligible, upon request, for a full refund. Termination of your paid Service account and the refund rights above are your sole remedies under this Agreement and against Hexoskin in connection with Hexoskin's provision of the paid Service. Because Hexoskin reserves the right to alter or discontinue all or any portion of the paid Service or the Site, you should be sure to retain a copy of any materials you post on the Site and your User data, which can be exported into an Excel or CSV file.

  1. Representations, Warranties and Covenants.

You represent, warrant and covenant that (a) the membership and credit card information that you supply is true, correct and complete, (b) you will pay any charges that you incur in connection with the Service, including any applicable taxes, (c) you will update your membership and credit card information as required, (d) you will not allow anyone else to use your membership, (e) you will not transfer your membership or password to anyone else and (f) you will report to us any unauthorized or prohibited use of your membership or this Site.

  1. Amendment.

Subject to the termination and refund rights above, you agree that Hexoskin reserves the right to amend the paid Service and the terms associated therewith at any time and for any reason. Any changes may be posted to the Site or sent to you by email or postal mail.

The PARTIES declare that they have requested that this Agreement and all accessory documents be drafted in English. 

Les parties aux présentes déclarent qu’elles ont exigé que le présent contrat et tout accessoire y afférant soient rédigés en anglais.

 

Date of last update: May 31st, 2014

Headquarters Address

Hexoskin (Carré Technologies Inc.)
5800, rue Saint-Denis, suite 402A
Montreal (Quebec)
CANADA
H2S 3L5