We may collect various types of information, including personally identifiable information, from you in order to provide you with the Reign Services:
We may use your personally identifiable information:
In addition to the uses listed above, we may also disclose your personally identifiable information when we determine, at our sole discretion, that such disclosure is reasonable under the circumstances. This may include disclosure to protect Jaybird and its customers, to enforce our user policies and Terms and Conditions of Use[link], and to satisfy our obligations under the law, such as the Electronic Communications Privacy Act, regulations, or governmental or legal requests for information. In addition, we may share your personally identifiable information with third parties with your consent or at your request, or you may cause your personally identifiable information to be shared with third parties, such as outlined below in “Third-Party Services.”
We may also provide your anonymous or anonymized, non-personally identifiable information to Jaybird-selected research institutes, to companies with which Jaybird has strategic, commercial, and/or other agreements and business relationships, and, as aggregated data, to other users of the Reign Services for general comparison purposes.
You may elect to share your information with a third-party service such as Apple, MyFitnessPal, Facebook, Twitter, or Google. For instance, if you set up your Reign Service to sync with a third-party social media network application, your information may be shared with the social media network application. Should you choose to share your information with any third-party services, the third-party services will then have access to your information, subject to the third-party services’ policies over which Jaybird has no control. Jaybird takes no responsibility and shall have no liability with respect to any personally identifiable information or other information of any kind or nature that you chose to share with any third-party service(s).
We do not knowingly collect personally identifiable information from children under thirteen (13) years of age. If you are under thirteen, please do not provide us any personally identifiable information. If you have any reason to believe that someone under (13) thirteen may have provided us personally identifiable information, please inform us immediately.
You may contact us to correct certain information we may have about you, by using the contact information below. In addition, if you choose to cancel your account, you may also request that we delete all your personally identifiable information by advising Jaybird support in writing at:
Attn: Reign Services
3676 California Avenue
Salt Lake City, UT 84104
However, Jaybird will not have the obligation to delete, nor may you request that Jaybird delete, any anonymous or anonymized, non-personally identifiable information, and/or aggregated data, that Jaybird may have received and/or otherwise obtained from you.
We may send users various types of emails, including:
The Reign Services have electronic security measures in place to try to protect against the loss, misuse, and alteration of the information under our control. Security measures are also in place at the physical facilities where our servers are located to try to protect against the loss, misuse, and alteration of information we have collected from you. While we will make every reasonable effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining this information.
We do not encrypt unsolicited e-mail, so you should avoid including personally identifiable information in any unsolicited e-mail that you send to us.
THESE REIGN™ TERMS AND CONDITIONS OF USE CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU, THE USER, AND JAYBIRD LLC. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, YOU MAY NOT USE THE REIGN WEBSITE, ANY REIGN APPLICATIONS, OR ANY REIGN SERVICES. IF YOU HAVE ALREADY PURCHASED A REIGN PRODUCT, AND YOU DO NOT WISH TO AGREE TO THESE TERMS AND CONDITIONS OF USE, YOU MAY RETURN THE REIGN PRODUCT TO YOUR RETAILER IN ITS ORIGINAL CONDITION AND PACKAGING FOR A FULL REFUND.
Jaybird LLC, a Utah limited liability company (“Jaybird”) offers its Reign™ activity tracker (the “Reign Device”), online and mobile software applications that interface with the Reign Device, and a Go-Zone Pro Service that offers personalized support to users of the Reign Device and associate applications and services. Collectively, the Reign Device, software applications, Go-Zone Pro Service referenced above, and all other related services provided by Jaybird are referred to herein individually and collectively as the “Reign Services.” Full use of the Reign Services requires you to purchase or otherwise lawfully obtain a Reign Device, a compatible smartphone, Internet access at speeds compatible with the Reign Services, and the most recent version of the Jaybird Reign mobile application.
We may modify or discontinue the Reign Services in our sole discretion and at any time, with or without prior notice, without liability to you or any third party.
The Reign Services were designed to assist users in monitoring personal activity parameters. The Reign Services are not a medical device and do not give medical advice, nor are any Jaybird personnel providing Go-Zone Pro Services or other Reign Services medical doctors, nurses, or any other kind of health care professional. By electing to use the Reign Services, you agree to only use the Reign Services for their intended purposes.
The Reign Device and Reign Services are not intended for use by children under 13 years old. If you are under 13 years old, you may not use the Reign Device or the Reign Services.
INFORMATION DELIVERED THROUGH THE REIGN SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO DIAGNOSE OR TREAT ANY ILLNESS OR OTHER MEDICAL CONDITION. THE REIGN DEVICE IS NOT A MEDICAL DEVICE. IN THE EVENT OF A MEDICAL EMERGENCY, CALL A QUALIFIED HEALTH CARE PROFESSIONAL OR DIAL 911 AS APPROPRIATE.
CONSULT WITH YOUR PHYSICIAN OR ANOTHER QUALIFIED HEALTH CARE PROFESSIONAL BEFORE BEGINNING OR CHANGING ANY PHYSICAL ACTIVITY REGIME. You may only use the Reign Services if you are in good health or have approval to do so from your physician or another qualified health care professional.
Take your fitness level, health, and limitations into account when exercising. If you experience any pain or discomfort while engaging in any physical activity, stop and seek appropriate medical attention. Jaybird shall not have any responsibility or liability for any health problems or injuries that may occur as a result of your use of the Reign Services. Without limiting the generality of the foregoing, you agree that Jaybird has no responsibility or liability for any damages, death, or medical bills that may arise out of your use of the Reign Services.
While Jaybird tries to ensure maximum accuracy in all aspects of the Reign Services, no warranty is provided regarding the information presented. Reliance on the information provided by the Reign Services is at your own risk. Jaybird is not liable for any incorrect, ineffective, or unreliable information provided to you through Reign Services or for the misuse of any information it provides.
It is your responsibility to securely store your email, password, and login credentials for the Reign Services. If another person gains access to your account, you may be held responsible for that person’s use of your account. As a result, you should notify us immediately if you learn that someone else has accessed your account without authorization. Jaybird will have no liability or responsibility for any activities that take place using your email, password, and login credentials.
The use and distribution of tools designed for compromising security or collecting information (e.g., password guessing programs, cracking tools, “spiders,” or other network probing tools) in connection with the Reign Services is strictly prohibited.
You acknowledge that the patents, trademarks, copyrights, and other intellectual property associated with the Reign Services, together with the Reign Services themselves, are the exclusive property of Jaybird and/or its subsidiaries, affiliates, and/or licensors. You agree not to infringe, misappropriate, or otherwise violate any intellectual property owned by Jaybird.
In particular, but without limitation, you may not use any product names, trade names, slogans, logos, and other trademarks and services marks associated with the Reign Services without the prior written authorization of Jaybird, except for the sole purpose of properly identifying products or services originating from Jaybird.
Jaybird may contact you via email at all times. You agree to provide accurate information to the best of your knowledge in all written or verbal communications with Jaybird.
3676 California Avenue
Salt Lake City, UT 84104 USA
YOU USE THE REIGN SERVICES COMPLETELY AT YOUR OWN RISK, AND THE REIGN SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, OR OTHERWISE. JAYBIRD HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. JAYBIRD DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS OR CONTENTS OF THE REIGN SERVICES WILL BE UNTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATIONS, SERVERS, AND OTHER HARDWARE USED IN PROVIDING THE REIGN SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JAYBIRD DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE REIGN SERVICES IN TERMS OF ACCURACY, RELIABILITY, EFFICACY, OR OTHERWISE. THE REIGN SERVICES MAY CONTAIN INACCURACIES OR ERRORS, AND JAYBIRD MAY MAKE IMPROVEMENTS AND/OR OTHER CHANGES TO THE REIGN SERVICES AT ANY TIME. YOU, AND NOT JAYBIRD, ASSUME THE ENTIRE LIABILITY AND COST OF ALL REPAIRS, CORRECTIONS, THERAPIES, TREATMENTS, AND SERVICES (HEALTHCARE AND OTHERWISE) NECESSITATED BY ANY LOSS, DAMAGE, INJURY, OR DEATH ARISING FROM OR RELATING TO THE USE OF THE REIGN SERVICES. JAYBIRD DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE REIGN SERVICES WILL NOT INFRINGE, MISAPPROPRIATE, OR OTHERWISE VIOLATE THE RIGHTS OF OTHERS, AND JAYBIRD ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE REIGN SERVICES.
Actual results may differ materially from any forward-looking statements provided by the Reign Services. Any forward-looking statements may involve risks and uncertainties, whether medical, economic, regulatory, or otherwise, and they are made by Jaybird based on assumptions and estimates that Jaybird believes are reasonable but that are inherently uncertain and unpredictable.
JAYBIRD, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF JAYBIRD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF JAYBIRD AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS TO ANY PERSON OR PARTY (REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF US $500 OR THE AMOUNT THAT YOU HAVE ACTUALLY PAID TO JAYBIRD FOR THE APPLICABLE CONTENTS, SERVICES, OR DEVICES OUT OF WHICH LIABILITY AROSE.
Except as otherwise provided for herein, no remedy conferred by any of the specific provisions of the Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder, now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies by Jaybird shall not constitute a waiver of the right to pursue other available remedies.
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