TERMS & CONDITIONS

(aka LEGALS, or also known as “Terms of Service”)

Introduction

Welcome to situscale.com (“Website”). The Website is operated by Michael Grothaus Limited, company number 08275317, registered in England and Wales. The SITU Scale and app are fully owned by Michael Grothaus Limited, company number 08275317, registered in England and Wales (referred to in this contract as “SITU”).

The Website contains certain information regarding the SITU Scale and related software.

Acceptance Of Terms

Your use of the SITU Website, Hardware, and the Software (or any part thereof, including packaging and manuals) (collectively “SITU Scale” or “Product” or “Services”) is governed by these Terms of Service (“TOS” or “Terms”), which constitute a binding legal agreement (“Agreement”) between you (“you”, “your”, the “user”, the “customer”) and SITU. By using SITU Scale, you agree to accept and abide by these Terms of Service. If you do NOT agree to all of these Terms of Service, you should NOT access or use any aspect of SITU Scale. These Terms of Service will remain in full effect for the time that you continue to use or access SITU Scale or until terminated in accordance with the provisions of this Agreement. These terms may change from time to time at the discretion of SITU and such changes will take effect from the time such changes are posted on the SITU website or updated in the app, whichever comes first. You should regularly review these Terms of Service. SITU reserves the right to make changes to, suspend or terminate SITU Scale software and services at its discretion without prior notice. SITU is not responsible for typos or semantic errors in this agreement. The most up-to-date terms and conditions can be found on the SITU Scale website at http://www.situscale.com/terms-conditions/ . You agree that the terms found on the SITU Scale Website supersede the terms listed in the SITU app, if they are the most recently updated terms, and that you have read and agree to the terms on the Website.

The SITU Scale application provides the information content on an ‘as is’ and ‘as available’ basis. No warranty is expressed or implied that the application is a comprehensive source of information on any topic of health or otherwise. Though SITU and their developers have done their best to make sure the information and calculations in the SITU Scale application are accurate, by using the app you agree that you are using it at your own risk and no one in association with making this app, including but not limited to SITU, its directors, developers, contractors, employees, and agents, is to be held liable for any errors in it or with the nutrition information it contains, no matter whether the error(s) come from the nutrition data itself; or come from errors in coding; or come from errors in the calculations the app uses to calculate, display, save, and retrieve any kind of data; or any and all other errors the app may contain. By accessing and using any aspect of SITU Scale you agree SITU, its directors, partners, contractors, employees, shareholders, developers, and anyone else associated with the company will not be held responsible for any information that may be displayed or provided incorrectly in the SITU Scale app or on other SITU Scale materials. By using SITU Scale you agree the terms and information here supersede any other information you may have seen, read, or heard about SITU Scale on or in SITU-owned or created websites, videos, press releases, marketing materials, social media postings, and any and all other mediums, including interviews with people connected to SITU. By using SITU Scale you also agree the terms and information here supersede any other information you may have seen, read, or heard about SITU Scale on or in third-party websites, videos, news stories, marketing materials, social media postings, user reviews, and website listings, and information on or in any and all other mediums.

By accessing and using any aspect of SITU Scale you also agree SITU, its directors, partners, contractors, employees, shareholders, developers, and anyone else associated with the company will not be held liable for any information that you or another may have depended upon while using the SITU Scale hardware or app. By accessing and using SITU Scale, you accept and agree to be bound by the terms and provisions of this agreement. In addition, when using SITU Scales’s particular services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

ANY PARTICIPATION IN THIS WEBSITE WILL CONSTITUTE ACCEPTANCE OF THIS ENTIRE AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE ENTIRE AGREEMENT, DO NOT USE THE SITU SCALE WEBSITE, THE SITU SCALE APP, OR THE SITU SCALE HARDWARE.

Access To The Service

SITU hereby grants you the right to use SITU Scale solely for controlling the Product.

SITU reserves the rights to either temporarily or permanently modify or terminate SITU Scale (or any part thereof). SITU may post on our website the notice of any material changes to SITU Scale. If you do not like the modifications to SITU Scale, your sole remedy is to cease using SITU Scale.

Disclaimer Regarding Accuracy Of Information

This website, the SITU Scale app and hardware, and its components are offered for informational purposes only; SITU shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the website, SITU Scale app, or SITU Scale hardware and shall not be responsible or liable for any error or omissions in information it provides.

Privacy Policy

Personal information provided or collected through or in connection with SITU shall only be used in accordance with SITU Privacy Policy at http://situscale.com/terms-conditions/ , and these Terms of Use are subject to SITU’s Privacy Policy. Scroll down to read the full Privacy Policy.

Interruptions To And Availability Of The SITU Scale Service

SITU is not liable for any interruptions to internet connectivity, Wi-Fi connectivity or availability of services offered by third-parties. Any materials downloaded from the SITU Website are done so at your own risk. SITU will not be held accountable for damage to computer equipment or loss of data as a result of downloads from the SITU Website. SITU will not be responsible for any problems or liability arising from the use of third-party software or hardware in relation to SITU Scale.

You agree that SITU Scale availability is dependent on your mobile or computer device, device carrier, your internet service provider, your home wiring, your Wi-Fi hardware and other software and hardware that is used to control SITU Scale. You acknowledge and agree that SITU cannot be held responsible for fees and charges associated with these products and services.

Consent To Mailing List

By entering your email address in the SITU Scale website online store you consent, whether you complete your order or not, to letting SITU add you to our email newsletter and marketing list. Your email will be used to send you occasional news, updates, and marketing about SITU and its products. Your email will not be shared with any third-parties beyond marketing automation platform MailChimp, which we use to send out our newsletter. You can OPT OUT of future mailings by unsubscribing at any time simply by clicking on any of the unsubscribe links in the email you receive.

Third-party Software, Hardware or content

You agree that SITU cannot be held responsible for software, hardware or content developed by third-parties that interact with SITU Scale. It is your responsibility to read and accept any third-party user licensing agreements. In the event that the third-party terms of service are less restrictive than the SITU Terms of Service, then the SITU Terms of Service will apply.

Any link from the SITU Website or SITU App to any third-party website or content will not be considered an endorsement of such website or content, or the products or services available through such website.

Indemnification and Release

You agree to indemnify and hold harmless SITU, its subsidiaries, affiliates, partners and suppliers and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals’ fees and litigation costs) that arise out of any violation of these Terms of Service by you.

If you have a dispute with one or more users of SITU Scale, you release SITU, its subsidiaries, affiliates, partners and suppliers, and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

DISCLAIMER; Limitation of Liability SITU SCALE IS PROVIDED “AS IS” AND “AS AVAILABLE”. SITU AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF ANY ASPECT OF SITU SCALE. IN NO EVENT SHALL SITU OR ANY OF ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL OR OTHER DAMAGES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE SALE, ACCESS, USE OF, OR INABILITY TO ACCESS OR USE SITU SCALE, EVEN IF SITU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT SUCH DAMAGES ARISE DIRECTLY AND SOLELY FROM INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE ON THE PART OF SITU.

If you live in a country or state that does not allow any of the foregoing exclusions or limitations of liability or any of the disclaimers of warranties above, such exclusions or limitations will not apply to you but only to the extent such exclusions or limitations are not allowed. In such case, such exclusions or limitations shall be limited to the extent required by applicable law.

SITU Scale is NOT a medical device

SITU Scale is a learning tool. It shows you the estimated nutrition content of your food based on data from publicly available U.S. and U.K. government food databases and it’s up to you how you use that information. The SITU Scale and its application and SDK are not to be used to monitor, treat, or diagnose any medical or health condition. The SITU Scale hardware is a simple kitchen scale whose accuracy of weight readings can fluctuate like normal kitchen scales. By using the SITU Scale hardware and the SITU Scale app you agree that SITU is in no way responsible for any damages, injury, or death from use of the scale, SDK, or app to diagnose, monitor, or treat medical and health-related conditions.

SITU Scale has not been evaluated by the Food and Drug Administration. SITU Scale is not intended to monitor, diagnose, treat, cure or prevent any disease or health-related condition.

 

Bluetooth interference with other devices

The SITU Scale uses Bluetooth technology to communicate with compatible smartphones and tablets. Bluetooth is generally considered to be a safe wireless technology and it’s generally considered rare that any Bluetooth device should cause interference with other devices. The American Heart Association says that Bluetooth devices do not appear to interfere with implantable medical devices such as pacemakers and Implantable Cardioverter Defibrillators (ICDs). However, if you have such a device it’s always wise to check with your doctor to see if they believe any other devices could interfere with your pacemaker or Implantable Cardioverter Defibrillator (or similar devices) and confirm any precautions you should take while using your Bluetooth devices around pacemakers, ICDs, or similar devices. If you have such an implantable (or other health-critical) device we don’t recommend using any Bluetooth device (including SITU Scale) before checking with your doctor and being given the go head by them to use Bluetooth devices and address with them what precautions you should take while using Bluetooth devices, if any.

An important legal note for developers making SITU Scale third-party apps and users using third-party developer SITU Scale apps

SITU offers a number of SDKs so developers can build their own apps that can take advantage of the SITU Scale hardware. SITU does not review, test, or certify any third-party apps that are made using the SITU Scale SDK and we are not responsible for and do not endorse any third-party apps made using our SDK.

SITU is not responsible for the quality, reliability, or usefulness of third-party apps. Third-party apps should not be created or used that attempt to turn SITU Scale into any kind of medical device or device that is used in a medical setting as the SITU Scale hardware is a consumer device and not cleared by any regulatory body for medical use. If any third-party developer attempts to use SITU Scale and its SDK to use SITU Scale in a medical setting, it is up to them to seek regulatory approval from the relevant medical regulatory bodies in each country for the SITU Scale hardware, SDK, and software. Any legal issues or liabilities that arise out of the use of SITU Scale and third-party developer apps are the sole responsibility and liability of the third-party developer.

Both third-party developers and users of third-party SITU Scale apps agree to indemnify and hold harmless SITU, its subsidiaries, affiliates, partners and suppliers and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals’ fees and litigation costs) that arise out of any harm or consequences that come from using SITU Scale with third-party apps. By using the SITU SDK, developers agree to these terms.

While anyone is allowed to use SITU’s publicly available SDK the availability or use of the SDK does not convey any kind of partnership between SITU and any third-party that uses the SDK. You agree that the form and nature of the SDK that SITU provides may change without prior notice to you and that future versions of the SDK may be incompatible with applications developed on previous versions of the SDK. You agree that SITU may stop (permanently or temporarily) providing the SDK (or any features within the SDK) to you or to users generally at SITU’s sole discretion, without prior notice to you. The SDK is offered “as is” and is unsupported.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SDK IS AT YOUR SOLE RISK AND THAT THE SDK IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND FROM SITU.

YOUR USE OF THE SDK AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SDK IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE.

SITU FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SITU, ITS SUBSIDIARIES, AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT SITU OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

Ownership by SITU

SITU and/or its licensors retain all right, title, and interest in and to SITU Scale and all aspects thereof, including all patents, copyrights, trade secrets, and other intellectual property rights incorporated therein. You may not remove or destroy any product identification, copyright notices, or other proprietary markings or restrictions from any aspect of SITU Scale or any SITU product.

You acknowledge that any ideas, inventions, suggestions for improvement or discussions submitted by you (“Feedback”) regarding any aspect of SITU that are not already subject to third-party intellectual property rights may be used by SITU or any other user of SITU Scale without compensation or attribution, and you hereby grant SITU, its subsidiaries, affiliates and partners a worldwide, irrevocable, royalty free, non-exclusive, sublicensable and transferable license under all intellectual property rights in the Feedback for any purpose. You acknowledge that any Feedback submitted to SITU or the SITU Website constitutes “publication” of such inventions under applicable patent law.

General

Import/Export Control: You may not use or otherwise import, export or re-export SITU Scale (or any aspect thereof) except as authorized by and complying with all EU, U.K., and United States law and the laws of the jurisdiction in which SITU Scale was obtained or ordered. In particular, but without limitation, SITU Scale may not be exported or re-exported (a) into any U.S., EU, or U.K.–embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using SITU Scale, you represent and warrant that you are not located in any such country or on any such list.

System requirements and supported devices: You agree you have read the information on this website stating the minimum system requirements and supported devices that SITU Scale requires.

Assignment: You may not assign this Agreement or any of your rights, obligations, or liabilities hereunder without the prior written consent of SITU, and any attempted assignment or delegation in violation of the foregoing will be void.

Jurisdiction; Dispute Resolution: This Agreement is governed by, and is to be construed in accordance with, English law. You agree arbitration or mediation will always be used to settle disagreements. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, or use of SITU Scale shall be settled by arbitration or mediation administered in England, and judgment on the award rendered by the arbitrator[s] may be entered in any court having jurisdiction thereof. The English Courts will have exclusive jurisdiction to deal with any dispute which has arisen or may arise out of, or in connection with, this Agreement. The terms of the United Nations Convention on Contracts for the International Sale of Goods (1980) shall not apply to the interpretation or enforcement of this Agreement. You consent to the jurisdiction of all courts in England and agree that venue shall be in England.

Severability: If any provision, right or remedy provided for herein is determined by a court of competent jurisdiction to be invalid, void or enforceable, the validity and enforceability of the remaining provisions will not be affected thereby.

In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

No Waiver: No waiver will be implied from conduct or failure to enforce rights. No provisions of this Agreement shall be deemed waived unless such waiver is in writing and signed by the authorized representative of the party against whom it is sought to be enforced. Waiver by either party of any default by the other party of any provision of this agreement shall not be deemed a waiver by the waiving party of any subsequent or other default.

Entire Agreement: This Agreement contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous agreements or understandings, whether oral or written, with respect to such subject matter.

Warranty: a six-month warranty from date of purchase applies to the SITU Scale hardware (the “item”) if the item is defective. Defective items will be replaced. If an item has been damaged through neglect or misuse, damaged items are not covered under warranty.

SITU website purchases – Return Policy

We have a 30 day return period except where required by law. SITU’s return policy allows you to return SITU Scale (the “Product”) purchased by you directly from the SITU website after completing the SITU Return Form (“SRF”) during the 30 day period following the date of the delivery of your package containing the SITU Scale hardware. You agree you are responsible for and must pay all return shipping charges and you shall assume all risk of loss or damage to the Product while in transit to SITU, which is why it is recommended you use a tracking service so it can be verified the returned Product was sent by you and received by SITU. If the Product is returned new, sealed in its box we will offer a refund of the full purchase price paid minus the cost of original shipping. If the Product has been opened we charge a 20% open box fee on the original purchase price and the cost of original shipping is non-refundable. An open Product must be undamaged, in its original condition, and in the original packaging.

Refunds will be made by crediting the account used to make the original purchase. The SRF can be obtained by replying to the email you received with your order confirmation or simply use the contact form on our website to request the SRF. The Product must be received by SITU within 14 days after issuance of the SRF. All Products must be packed in the original packaging including any accessories, manuals, documentation, and registration that shipped with the Product. The SRF form must be included with the returned Product.

Shipping and handling charges and gift wrap fees are not refundable on any return, regardless of the reason. If you return the Product to SITU (a) without an SRF from SITU, (b) beyond the 14-day SRF issuance period, or (c) without proper packaging, SITU retains the right to either refuse delivery of such return or charge you a restocking fee. Returns which are not received will not be refunded. The time to credit your account may vary, depending on processing time. Please allow a minimum of 2 weeks for SITU to credit the account used to make the original purchase.

SITU Privacy Policy

SITU takes the privacy of our customers (“Customer” or “you” or “your”) seriously. This Privacy Policy is designed to tell you about our practices regarding the collection, use, and disclosure of information that SITU (“us” or “we”) or its third-party service providers collect through the SITU Scale application (“SITU Scale” or “Application” or “App”). Data collected through your use of the Application is governed by this Privacy Policy. Please be sure to read this entire Privacy Policy before using the Application.

By accessing or using SITU Scale, you consent to the terms and conditions of this Privacy Policy. We may modify or update this Privacy Policy at any time effective upon its posting on the SITU Scale website. Your continued use of SITU Scale constitutes your acceptance of this Privacy Policy and any modifications or updates thereto.

Privacy Policy: Personal Information

Your use of SITU Scale may contain certain information, including information you may consider personal to you (“Personal Information”), to be stored locally on your smartphone or tablet (“Device”). This data may include your birthdate, height and weight, biological sex, and specific details of the foods you eat (“Food Data”).

By default, Food Data is stored locally on your Device. If you use the SITU iPhone app, you may also opt to store Food Data with Apple’s Health App Database (see relevant sections below). If you have an iCloud account, SITU Scale will also sync your current Food Data records, including Food History, to Apple’s iCloud Database; no other Personal Information or Food Data is backed up to iCloud.

We will treat your Personal Information and Food Data as confidential (see relevant sections below). We will not share your Personal Information or Food Data with third-parties, such as third-party service providers and/or advertisers, without your permission. SITU is in no way responsible for the protection of any Personal Information and Food Data that you supply while using the Product.

Privacy Policy: Apple Health App Integration

On the iPhone app, you may opt to integrate SITU Scale with Apple’s Health App Database. If you grant SITU Scale access to Apple’s Health App Database, SITU Scale will import your data from the Health App Database into the Application in certain circumstances, such as to aid you in the tracking of nutrition goals. In addition, SITU Scale may transfer data that you store locally on your Device, such as Food Data or Nutrition information, to the Health App Database. SITU Scale cannot read from or write to the Health App Database unless you grant access. Data accessed from the Health App Database will never be shared with third-parties, such as third-party service providers and/or advertisers, without your permission.

SITU is in no way responsible for the protection of the Food Data and/or other information stored with Apple’s Health App Database. You and Apple are solely responsible for the protection of such information in the Health App Database. Please review Apple’s applicable policies and procedures before syncing and backing up your Food Data and/or other information with the Health App Database.

Privacy Policy: Sharing Information

SITU is in no way responsible for the protection of any information that you choose to share with social networks. You and such social networks are solely responsible for the protection of such information. Please review any applicable policies and procedures of such social networks before sharing your information therein.

Privacy Policy: Aggregated Data Collection

SITU may automatically collect anonymous information regarding your interaction with, and use of, SITU Scale. Information we may collect includes, but is not limited to, device identifier and hardware information, IP address, system type, and other information about your interactions with the Application. This data is never linked to your Personal Information or Health Data, and we do not use it to identify you personally.

Privacy Policy: Gravatar and email address

The SITU Scale app (iPad) gives you the option of entering your email address so you can add a custom Gravatar avatar image to your in-app user account. Your email address is required for Gravatar use and is sent to Gravatar on your behalf. Your email address is stored locally in the SITU Scale app and does get backed up to iCloud and shared with your other devices, but  SITU cannot remotely capture it. Find out more at www.gravatar.com.

Notice regarding Approximate Location (network-based) Access

In order for the SITU Scale Android app to work and connect with the SITU Scale hardware, Android requires that the app have access to Location services, which needs to be enabled for Bluetooth Low Energy Scanning on Android. For more information about this permission requirement see here and here.

Privacy Policy: Additional Information

By accessing the SITU website (“Site”) or using the services offered by SITU (“Services”) you agree and acknowledge to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms or to our Privacy Policy, please do not access the Site or use the Services. We reserve the right to change these Terms at any time. We recommend that you periodically check this Site for changes.

SITU grants you a limited license to access the Site and use the Services in accordance with these Terms and the instructions and guidelines posted on the Site. SITU reserves the rights to terminate your license to use the Site and Services at any time and for any reason or in the future charge for commercial usage.

You are solely responsible for your use of the Site and Services. SITU may allow for the posting of content to third-party websites. The third-party websites’ content, business practices, and privacy policies are not under our control, and we are not responsible for the content of any third-party website or any link contained in a third-party website.

SITU accesses and stores sensitive website login data as part of its daily operations. While we will take every reasonable precaution to secure these details, we will not accept any responsibility or liability for actions that may result from this data being intercepted or accessed by an unauthorized third-party.

SITU PROVIDES THE SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. SITU SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INFORMATION ACCURACY, INTEGRATION, INTEROPERABILITY OR QUIET ENJOYMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

You understand and agree that you use the Site and Services at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. UNDER NO CIRCUMSTANCES SHALL SITU BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES, DAMAGES INCURRED THROUGH ANY LINKS PROVIDED ON THE SITE AND THE NONPERFORMANCE THEREOF AND DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA, GOODWILL OR PROFITS, WHETHER OR NOT SITU HAS BEEN ADVISED OF SUCH POSSIBILITY. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS SITE OR SERVICES OR WITH SITU SHALL BE TO TERMINATE USE OF THIS SITE AND SERVICES. Some states do not allow the exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you.

You agree that you will not hold SITU, its directors, developers, contractors, shareholders, employees, agents, and anyone else with a connection to SITU responsible or liable for any breach, theft, or loss of your personal data.

DISCLAIMER REGARDING HEALTH CLAIMS

Results May Vary: Causes for being overweight or obese vary from person to person. Whether genetic or environmental, it should be noted that food intake, rates of metabolism and levels of exercise and physical exertion vary from person to person. This means weight loss results will also vary from person to person. No individual result should be seen as typical.

These statements have not been evaluated by the Food and Drug Administration. This product is not intended to monitor, diagnose, treat, cure or prevent any disease or health-related condition.

The information, including but not limited to, text, graphics, images and other material, contained on this website is for educational purposes only. The content is not intended in any way as a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition or treatment and before undertaking a new healthcare regimen, and never disregard professional medical advice or delay in seeking it because of something you have read on this website or in the SITU Scale app  or anything connected with SITU Scale.

ADDITIONAL HEALTH LEGAL DISCLAIMER RELATING TO SITU SCALE’S USE

SITU Scale should not be used to diagnose, monitor, or treat any disease. The content of the application is presented for informational purposes only. The SITU Scale and its app is NOT a medical device and should not be used as such. Never disregard professional medical advice from your physician or healthcare provider or delay in seeking it because of something you have read in the SITU application or on the SITU website. The SITU Scale application offers health and/or nutritional information for general educational and informational purposes only. It is not the intention of the application to provide specific medical recommendations or professional advice or precise nutrition information. You should always consult with your physician or healthcare provider before trying any homeopathic remedies, new treatments, diets or fitness programs. You should not use the information in the app or on the website to diagnose, monitor or treat a health-related issue, problem, or disease. You should never disregard professional medical advice or delay in seeking it because of something you have read in the SITU application or on the SITU website.

The application provides the information content on an ‘as is’ and ‘as available’ basis. No warranty is expressed or implied that this application is a comprehensive source of information on any topic of health or otherwise. Though SITU and their developers have done their best to make sure the application’s information is accurate, by using the app you agree that no one in association with making this app is to be held responsible for any errors in it or with the nutrition information it contains, no matter whether the error(s) come from the nutrition data itself; or come from errors in coding; or come from errors in the calculations the app uses to calculate, display, save, and retrieve any kind of data; or any and all other errors the app may contain. The nutritional information in the app is derived from the USDA publication “U.S. Department of Agriculture, Agricultural Research Service. 2012. USDA National Nutrient Database for Standard Reference, Release 25”. The U.K. nutrition database is provided by Public Health England (PHE) and taken from the Composition of foods integrated dataset (CoFID). The CoFID is reused under the Open Government Licence (OGL). No guarantee can be made with respect to the accuracy of data nor the accuracy of the calculations made within the app.

In no event shall SITU be liable in any manner for any direct, incidental, consequential, indirect or punitive damages arising out of your access, use or inability to use this application or any errors or omissions in the information in this application. SITU reserves the right at any time and from time to time to add, change, modify, update, or discontinue, temporarily or permanently, this application (or any part thereof) with or without notice. SITU shall not be liable to you or to any third-party for any addition, modification, suspension or discontinuance of the SITU Scale application.

SHIPPING POLICY

Orders generally ship 48 business day hours (Monday–Friday, not including holidays) after payment processing, but this can be longer during busy periods. Our standard shipping option uses a tracking service that has an approximate delivery time of 5 to 8 business days, depending on where the order is being shipped. This can sometimes be longer during busy holiday periods. We do not guarantee an order will arrive by a certain date.

COOKIE POLICY FOR SITU 

What Are Cookies?

As is common practice with almost all professional websites this site uses cookies, which are tiny files that are downloaded to your computer, to improve your experience. This page describes what information they gather, how we use it and why we sometimes need to store these cookies. We will also share how you can prevent these cookies from being stored however this may downgrade or ‘break’ certain elements of the sites functionality.

For more general information on cookies see the Wikipedia article on HTTP Cookies.

How We Use Cookies

We use cookies for a variety of reasons detailed below. Unfortunately in most cases there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to this site. It is recommended that you leave on all cookies if you are not sure whether you need them or not in case they are used to provide a service that you use.

Disabling Cookies

You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of the this site. Therefore it is recommended that you do not disable cookies.

The Cookies We Set

If you create an account with us then we will use cookies for the management of the signup process and general administration. These cookies will usually be deleted when you log out however in some cases they may remain afterwards to remember your site preferences when logged out.

We use cookies when you are logged in so that we can remember this fact. This prevents you from having to log in every single time you visit a new page. These cookies are typically removed or cleared when you log out to ensure that you can only access restricted features and areas when logged in.

This site offers newsletter or email subscription services and cookies may be used to remember if you are already registered and whether to show certain notifications which might only be valid to subscribed/unsubscribed users. We also use cookies for pop-ups on the site.

This site offers e-commerce or payment facilities and some cookies are essential to ensure that your order is remembered between pages so that we can process it properly.

From time to time we offer user surveys and questionnaires to provide you with interesting insights, helpful tools, or to understand our user base more accurately. These surveys may use cookies to remember who has already taken part in a survey or to provide you with accurate results after you change pages.

When you submit data to through a form such as those found on contact pages or comment forms cookies may be set to remember your user details for future correspondence.

In order to provide you with a great experience on this site we provide the functionality to set your preferences for how this site runs when you use it. In order to remember your preferences we need to set cookies so that this information can be called whenever you interact with a page is affected by your preferences.

Third Party Cookies

In some special cases we also use cookies provided by trusted third parties. The following section details which third party cookies you might encounter through this site.

This site uses Google Analytics which is one of the most widespread and trusted analytics solution on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content.

For more information on Google Analytics cookies, see the official Google Analytics page.

Third party analytics are used to track and measure usage of this site so that we can continue to produce engaging content. These cookies may track things such as how long you spend on the site or pages you visit which helps us to understand how we can improve the site for you.

From time to time we test new features and make subtle changes to the way that the site is delivered. When we are still testing new features these cookies may be used to ensure that you receive a consistent experience whilst on the site whilst ensuring we understand which optimisations our users appreciate the most.

As we sell products it’s important for us to understand statistics about how many of the visitors to our site actually make a purchase and as such this is the kind of data that these cookies will track. This is important to you as it means that we can accurately make business predictions that allow us to monitor our advertising and product costs to ensure the best possible price.

The Google AdSense service we use to serve advertising uses a DoubleClick cookie to serve more relevant ads across the web and limit the number of times that a given ad is shown to you.

For more information on Google AdSense see the official Google AdSense privacy FAQ.

We use adverts to offset the costs of running this site and provide funding for further development. The behavioural advertising cookies used by this site are designed to ensure that we provide you with the most relevant adverts where possible by anonymously tracking your interests and presenting similar things that may be of interest.

In some cases we may provide you with custom content based on what you tell us about yourself either directly or indirectly by linking a social media account. These types of cookies simply allow us to provide you with content that we feel may be of interest to you.

Several partners advertise on our behalf and affiliate tracking cookies simply allow us to see if our customers have come to the site through one of our partner sites so that we can credit them appropriately and where applicable allow our affiliate partners to provide any bonus that they may provide you for making a purchase.

We also use social media buttons and/or plugins on this site that allow you to connect with your social network in various ways. For these to work the following social media sites including; Facebook, Twitter, Google, will set cookies through our site which may be used to enhance your profile on their site or contribute to the data they hold for various purposes outlined in their respective privacy policies.

More Information About Cookies

Hopefully that has clarified things for you and as was previously mentioned if there is something that you aren’t sure whether you need or not it’s usually safer to leave cookies enabled in case it does interact with one of the features you use on our site.

However if you are still looking for more information then you can contact us through our contact form.

AGREEMENT REGARDING IMAGERY ON THE SITE

The images on the site may not reflect the actual state of the hardware or app. While SITU does its best to provide the most accurate representation of its hardware and app via the images on the website you acknowledge that you will not hold SITU liable in any way if the scale hardware and software differs in form or appearance.

By using the SITU Scale hardware, SDK, app, or Website you signal you agree to all of the above terms.

 

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