All In 1 System How It Works For You Features Join Our Family
Pre-order Starting At $169

THE ONLY COMPLETE
MEAL PREP SYSTEM


Pre-order Starting At $169

Estimated delivery date: 04.28.2018

SWO's All In 1 System





How SWO Works For You

Save Time and Money

No more guesswork or inputting scale measurements into a separate app to get the nutrional content/macros. No more square, leaky containers that stain and don't last. No more messy bags that tear and don't live up to your busy lifestyle.

"Viva La Vie!"

Every body is unique. The individual calculation of calories/macros is extremely important for your goals. Easy and convenient is an integral part of being able to maintain a healthy lifestyle and fit it into actually being able to enjoy it.

Automatic Calories, Macro and Micro Tracking

Let your SWO system provide all of the information needed. Forget about the reading nutrition facts labels. Manual calories and macro counting or using separate mobile applications are in the past now. Rely on SWO to do it all!

No More Mess

Leak and stain resistant round containers that seal for freshness and connect to each other to stay in 1 place, and won't cross contaminate. To make it even better, an insulated backpack to carry it all in.

"The Convenience"

The SWO backpack holds the stacking round containers upright in an insulated environment with a freshpack and other needed compartments to keep it all cold throughout the day and hold you importamt stuff. No more 1 strap square bags!

Too Much On Your Plate?

Let your SWO system and family remove some of that for you literally and figuratively! Using the SWO system provides an environment for success through gaining the knowledge needed to get you on track and keep you maintaining your goals.






SWO's Unique Features
That Will Keep You On Track
In A Way That Just Makes Sense

SCALE

CONTAINERS

APP

OPTIONAL
SUBSCRIPTION

BACKPACK

The SWO Life

STYLE and GEAR

SCALE

The SWO scale weighs the contents of each container and lets you know if you’ve reached your goal for the amount of intake, or if you’ve gone over. Based on the needs in your profile, the SWO App connects via bluetooth technology and provides you with advice on caloric intake and the breakdown of macros. The app then breaks down all the weighted information, giving you your current stats for what you just weighed. Meal prepping accurately has never been so easy!

CONTAINERS

SWO's patented containers have a specific sequence on the bottom, allowing for immediate recognition of the scale. Our innovative lids also lock containers in a stacking method, allowing for easy transport. Each lid has an inner thread, and freshness seal, assuring no leakage during transport, as well as keeping food at its freshest. Replace your old plastic containers with a new BPA/BPS-free design. They are dishwasher and microwave safe too!

APP

The SWO app allows you to track both macronutrients (protein, carb, fat) and micronutrients (sugar) to the highest degree of accuracy. SWO's database will keep track of your meals, past and present. Not only will it provide information of food weighed, but users can also store their own detailed recipes, to save for future reference. Out on the town and need nutritional value for a specific restaurant? SWO has you covered! Our application has a compiled database of some of your favorite restaurants, to keep your calorie consumption on track.

OPTIONAL
SUBSCRIPTION

For an additional fee, users can also subscribe to our custom recipes and tips. The app will not only store and track your daily intaker and save inputed recipes, but it will also offer suggestions, recipes and healthy tips from top meal prep and fitness moguls.


BACKPACK

The SWO insulated backpack allows you to pack and keep fresh an entire day’s worth of healthy meals and snacks. There are also compartments for essentials like: cutlery, water bottles, SWO Fresh Pack, personal storage, and a dedicated pouch for your new SWO smart scale. Why a backpack? Because they are easier to carry than square bags, of course.


THE SWO LIFE

Be a part of a revolutionary growing group of fitness moguls, dieticians, trainers, pro athletes and competitors as well as the SWO team. Together, we will provide all of the insights and knowledge needed to a Smarter Weigh of living a healthy lifestyle. Let's make us even better together whether you are a beginner or expert, just starting or plateaued, we have the SWO system and tips for you!

STYLE and GEAR




Smarter Weigh Out scale comes in 5 colors to suit your personality needs. Express yourself with our purple, jet black, silver, dark navy, or pink. In addition, with our crowdfunding campaign, you can be the 1st to attain SWO Swag like t-shirts, water bottles and more!

Pre-order Starting At $169

Estimated delivery date: 04.28.2018

SWO Privacy Policy


Smarter Weigh Out (“SWO,” “we”, “us”, “our”) provides online and mobile services, including but not limited to, the Smarter Weigh Out website (“SmarterWeighOut.com” or the “Site”) and mobile applications hosted by or on behalf of Smarter Weigh Out (collectively, the “Service”) intended to enhance your use of the SWO devices, scale and application offered by Smarter Weigh Out (the “Smarter Weigh Out Products”). Smarter Weigh Out is committed to maintaining the privacy, integrity and security of our users’ personal information. This Privacy Policy (“Policy”) explains how we protect personal information we collect in connection with your use of the Service and how we use and in some cases disclose that information. “Personal information” for purposes of this Policy means information that identifies you, such as your name, address, phone number, fax number or email address.

#Terms of Service This Policy is subject to the provisions our Terms of Service, which are incorporated by reference. To see the Terms of Service click here.

Personal Information That We Collect
Your Smarter Weigh Out Products work in conjunction with a user account on SmarterWeighOut.com and the Smarter Weigh Out mobile application (a “User Account”). You can alter and correct any personal information created within the Product and Service by logging into your User Account. We collect the following types of Personal information through your use of the Smarter Weigh Out Products and your User Account:

Information that you Provide:
• When you purchase something from our online store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address. Payment and other information submitted through the purchasing platform is subject to that platform's Terms of Service and Privacy Policy.
• When you sign up for a Smarter Weigh Out User Account, you are required to provide an email address and to create an account password (collectively the “Registration Information”).
• You can add additional personal details to your User Account, such as height, weight, gender, age, and address.
• When you elect to share data from your Smarter Weigh Out User Account with others, we collect the information you provide about those individuals such as their name and email address.

Information that we Automatically Collect:
• When your Smarter Weigh Out Product is synched with your User Account, we collect information relating to your calorie intake, macro intake, food items stored, recipes, user input, application generated results, frequently used items, and any additional line items that Smarter Weigh Out updates or adds for better user experience, which is transmitted wirelessly from your Smarter Weigh Out Product to your User Account.
• We collect industry standard log data about the browser and operating system you are using, the address of the external or internal page that referred you, your IP address at the time of account creation and keep a log of the pages that you visit on the Services in association with your IP address. We also collect the IP address associated with the device running the Smarter Weigh Out mobile application.
• We collect location data provided by your mobile device. You must first enable location services when you download the Smarter Weigh Out mobile application or an updated version of the application. You can then turn location on and off within the application to activate optional features. You can opt-out of location services at any time.

How We Use Your Personal Information
Smarter Weigh Out currently uses your personal information to:
• Provide you with the Service;
• Aggregate and generate reports using the Physical Information and any other information you’ve added to your User Account;
• Analyze Site usage and improve the Service;
• Deliver to you any administrative notices and communications relevant to your use of the Smarter Weigh Out Products and Service;
• Provide you with updates regarding Smarter Weigh Out Products and Services;
• Perform internal market research, project planning, troubleshooting problems, and to detect and protect against error, fraud or other criminal activity;
• Enforce the Smarter Weigh Out Terms of Service.

In the event that Smarter Weigh Out intends to use your personal information for purposes other than those listed in this Policy, we will first notify you by e-mail at the address on file with us and/or post a notice of the changes on our Site.

Disclosure to Third Parties
At times Smarter Weigh Out may make certain personal information available to strategic partners that work with Smarter Weigh Out in order to provide services to you. In such cases, your account with such third party will continue to be subject to that third party’s privacy policy and your Smarter Weigh Out User Account will continue to be governed by this Policy.

Smarter Weigh Out may also share your personal information with companies who provide services such as information processing, order fulfillment, product delivery, customer data management, customer research and the like. These companies are obligated to protect your information and may be located wherever Smarter Weigh Out does business.

Our online store provides us with the online e-commerce platform that allows us to sell our products and services to you. Data you input when purchasing Smarter Weigh Out is stored through the online store's data storage databases and their application, and is subject to their Terms of Service and Privacy Policy.

We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users or if we are required to do so by any applicable law, rule, regulation, subpoena or other legal process. Additionally, in the event of a reorganization, merger, or sale we may transfer any and all personal information we collect to the relevant third party.

Cookies and Other Technology
The Smarter Weigh Out Site and Service may use “cookies” and other technologies such as pixel tags and web beacons.

Cookies are alphanumeric identifiers in the form of text files that are inserted and stored by your Web browser on your computer’s hard drive. These technologies tell us which parts of our website you have visited, limit the number of times you see a Smarter Weigh Out offer, or help us better determine which Smarter Weigh Out offers you may like to see or to alert you to software compatibility issues. They are also used to analyze and improve our Service’s design and functionality.

If you choose to delete cookies from your device or block them from being stored on your device, please note that the full functionality of the Service may not be available to you.

“Web beacons” are images embedded in a Web page or email for the purpose of measuring and analyzing Site usage and activity. Smarter Weigh Out, or third party service providers acting on our behalf, may use Web beacons to help us analyze Site usage and improve the Service.

We may use third party service providers to help us analyze certain online activities and improve the Smarter Weigh Out Products and the Service. For example, these service providers may help us measure the performance of our online campaigns or analyze visitor activity on SmarterWeighOut.com. We may permit these service providers to use cookies and other technologies to perform these services for Smarter Weigh Oute. We do not share any personal information about our customers with these third party service providers, and these service providers do not collect such information on our behalf. Our third party service providers are required to comply fully with this Policy.

We use search and display advertising so you can find opportunities to purchase Smarter Weigh Out Products and retargeting cookies to present you with Smarter Weigh Out advertising on other sites based on your interaction on our website. We believe that consumers should exercise choice regarding the collection of personally identifiable information, which is why we disclose the cookies used on our website and provide links to opt-out of those collection practices. Although we would like to honor those browsers that are set with a Do Not Track signal, at the present time we are unable to honor those signals. Cookies and other technologies we use may include the following:

• AdRoll — The AdRoll Privacy Policy explains how their cookie works and gives you the option to adjust or opt out of this program.
• ApNexus — The ApNexus Cookies page provides information about their cookie and gives you the option to opt out-of this program.
• DetaXu — The DetaXu Data Collection for our Platform page explains their privacy practices and gives you the option to opt-out of this program.
• DoubleClick and DoubleClick Floodlight– This cookie and web beacon is owned by Google. You can adjust Google’s use of cookies by visiting Google’s Ads Settings. You may permanently opt-out of the Google DoubleClick cookie.
• Genome — This cookie is owned by Yahoo! You can read the Yahoo! privacy policy, customize and opt-out of this program.
• Google Adwords Conversion — You can adjust the Google Ads Settings and opt-out of this program. We also use the Google Analytics, Optimizely and MixPanel cookies to allow us to see how you use our website and mobile application so that we can improve your experience. We encourage you to read the Google Privacy Policy and MixPanel Privacy Policy. If you don’t want data reported by Google Analytics, you can install the Google Analytics Opt-out Browser Add-on. Likewise, you can read the Optimizely Privacy Policy and opt out.

We use social media widgets and plugins so you can use social networking to share items from our Site with your social media accounts. These interactive mini-programs run on our Site and collect your IP address, which page you are visiting on our Site, and sets a cookie to enable the widget to function properly. Your interactions with these widgets are governed by the privacy policy of the company providing them, not by this Policy.

Third Party Products or Services Offered Through the Smarter Weigh Out Site
There may be separate products and services offered by third parties advertised by us on our Site and through the Service that may be complementary to your use of the Smarter Weigh Out Products or Service (collectively, “Third Party Offers”). If you choose to use these separate products or services, disclose information to the providers, or grant them permission to collect information about you, then their use of your information is governed by their privacy policies. You should evaluate the practices of external service providers before deciding to use their services. Smarter Weigh Out is not responsible for their privacy practices. If you click on a link to a third party site, Smarter Weigh Out encourages you to check the privacy policy of that site. Smarter Weigh Out may present links in a format that enables us to keep track of whether these links have been followed and whether any action has been taken on a third party web site. We use this information to improve the quality of the Third Party Offers and customized content on the Service.

Third parties offering products or services will not be given your personal information without your explicit permission.

Children
We do not knowingly collect any personal information from children under 13. If we discover that a child under the age of 13 has provided us with personally identifying information, we will take steps to delete the information as soon as possible.

Your Right to Delete Your Data
If you would like to cancel your Smarter Weigh Out User Account you may do so by emailing our customer support at info@SmarterWeighOut.com. When you request cancellation of your account, your personally identifiable information will be deleted, including but not limited to your email address, name, photo(s), and links to social and partner sites. Archival copies of your account information that exist within our back-up system will be deleted in accordance with our normal back-up expiration schedule. Following cancellation or termination of your account, Smarter Weigh Out may continue to utilize de-identified and anonymized historical data associated with your use of the Smarter Weigh Out Products.

Email Communications From Us
We may provide our registered customers with periodic summaries of their User Account data and email alerts. We also allow users to subscribe to email newsletters and from time to time may transmit emails promoting Smarter Weigh Out or third-party goods or services.

Smarter Weigh Out subscribers have the ability to opt-out of receiving our summaries and promotional emails and to terminate their newsletter subscriptions by following the instructions provided in such emails.

Opting out in this manner will not end transmission of service-related emails, such as email alerts.

Data Security
We use a combination of firewall barriers, encryption techniques and authentication procedures, among others, to maintain the security of your data and to protect SWO accounts and systems from unauthorized access.

When you register for the Service, Smarter Weigh Out requires a password from you for your privacy and security. This password is stored in an encrypted fashion on our systems.

It is important to understand that these precautions apply only to our Site and systems. We exercise no control over how your information is stored, maintained or displayed by third parties or on third-party sites.

If you have questions, comments, concerns or feedback regarding this Policy or any other privacy or security concern, send an e-mail to us at info@SmarterWeighOut.com.

Terms and conditions

Date last modified: June 28, 2017

These Terms of Service (this “Agreement”) set forth the terms upon which Smarter Weigh Out (“Smarter Weigh Out”, "Winn Innovations LLC" or, the “Company”) sells, and you purchase, the Smarter Weigh Out products offered by Smarter Weigh Out through its website (the “Smarter Weigh Out” or, the “Product”), and governs your access to and use of our Website, mobile application, Platform, Product, software, and services (collectively, the “Services”), and any Content.
By purchasing the Product and accessing and using the Services, you agree to be bound by the terms of this Agreement and you are consenting to (or promising that you have obtained appropriate consent for) the collection and use of personal information by us in accordance with the Privacy Policy. If you do not agree to be bound by the terms of this Agreement, including the Privacy Policy, you are not permitted to use the Services.
We may update and change the terms of this Agreement or the Privacy Policy from time to time. If we make any substantial changes, we will notify registered Users by e-mail at the address on file with us and/or post a notice of the changes on the Website. Continued use of the Service after any such changes shall constitute your consent to such changes. You are responsible for regularly reviewing the most current version of this Agreement.

(a) Eligibility. You must be at least 13 years of age to open an account with us. Your Smarter Weigh Out account may be deleted and your use of the Services may be terminated without warning, if we believe that you are less than 13 years of age. In addition, minors are not allowed to purchase Products through our Website, and by purchasing Products you declare and represent that you are at least 18 years of age and that you have full legal capacity to complete such contractual action without need for any additional approvals or consents.

(b) Services. Smarter Weigh Out Services consist of (i) the Bluetooth-connected Smarter Weigh Out devices, which measure weighed calorie intake, macro intake, food items stored, recipes, user input, application generated results, frequently used items, and any additional line items that Smarter Weigh Out updates or adds for better user experience, and (ii) the Platform that facilitates the monitoring and analysis of the information collected by the Smarter Weigh Out device. Full use of the Smarter Weigh Out Services requires compatible Smarter Weigh Out Products, Internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors.

(c) Right to Use Services. Smarter Weigh Out hereby grants you permission to use the Services and the Platform solely as set forth in this Agreement and in the manner set forth on the Website. In the event of any conflict between the terms of this Agreement and the Website, the terms of this Agreement shall prevail. Any use of the Platform other than as set forth in this Agreement or in violation of any term of this Agreement will result in suspension or revocation of your use privileges in our sole discretion.

(d) Right to Terminate Use of Services. We reserve the right to suspend or terminate the account of any User at any time for failure, or perceived failure, to comply with this Agreement, or for any other reason in our sole discretion.

(e) Intellectual Property Rights.

(i) All Rights Reserved. We retain title to and ownership of all rights (including copyright, trademark, patent, trade secret and all other intellectual property rights) in and to the Products, the Services, the Website, the Platform, and the Content. You acquire no rights whatsoever to all or any part of the Services except for the limited use rights granted by this Agreement. All rights not expressly granted to you are reserved to us.

(ii) Do Not Reproduce. You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through the Platform for any purpose. You agree not to circumvent, disable or otherwise interfere with security related features of the Platform or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Platform or any of the Content therein.

(f) Prohibited Uses. You are expressly prohibited from using the Services in any of the following ways or for any of the following purposes:

(i) No Illegal Purpose. You may not use the Services for any illegal or unauthorized purpose, including in any way that violates copyright or other laws applicable in the United States or applicable to you.

(ii) No Tampering. You may not use the Services in a way that is detrimental to the operation of the Services or the access or use of the Services by anyone else. You will not upload or transmit viruses, worms or any other destructive code. The restriction in this Section 3(f)(ii) applies to any use that interferes or attempts to interfere with the normal operations of the Services, including by hacking, deleting, augmenting or altering the Services or any Content.

(iii) Permission Required. You may not, without Smarter Weigh Out’s prior written permission (A) copy, distribute, modify, enhance, translate, reproduce, sell, resell, sublicense, rent, lease, or otherwise attempt to exploit the Services; (B) decompile, disassemble, reverse engineer, or otherwise attempt to discover the source code; (C) make derivative works of the Services; or (D) modify another website so as to falsely imply that it is associated with the Services, Smarter Weigh Out or any other Smarter Weigh Out or Winn Innovations LLC products or services.

(g) Backup and Storage. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information and User Content from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information or User Content for improper purposes. By using the Services, you acknowledge that you provide your personal information, or information about the entity that you represent, at your own risk.

(h) Feedback. We welcome your feedback or suggestions regarding the Website and the Platform. If you give us feedback or suggestions, you agree that you assign to us all rights to such feedback or suggestions and that we can use such feedback or suggestions in any manner we deem appropriate.

(i) Customer Support. To get in touch with a member of our Customer Support team, please send a message to info@SmarterWeighOut.com.

4. SMARTER WEIGH OUT ACCOUNT

In order to access the Services, you will have to download the mobile application to your smartphone and create an account and become a registered User. Unauthorized use of someone else’s account is expressly prohibited hereunder. The following terms apply to your Smarter Weigh Out account:

(a) User Responsibilities. You are solely responsible for the activity that occurs on your account, including your conduct on the Platform and any and all content you may submit, post or share via the Platform.

(b) User Content.

(i) Ownership of User Content. You represent and warrant that you have the right, power, and authority to post your User Content and to grant the license specified below. You further represent and warrant that by posting such User Content, you will not violate third party rights of any kind. To the extent that your User Content may be copyrightable, your represent and warrant, that you are the owner of all copyright rights to such User Content and that Smarter Weigh Out may exercise the rights to your User Content granted under this Agreement without any liability or obligation for any payment.

(ii) License to Smarter Weigh Out. You maintain all your ownership rights in any User Content you submit to Smarter Weigh Out. You grant Smarter Weigh Out a royalty-free, sub-licensable, transferable, perpetual, irrevocable, worldwide license to use such User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, in connection with the Website, the Platform, and the Services, including without limitation for promoting the Website, the Platform and the Services in any media formats and through any media channels.

(iii) Removal of User Content. We reserve the right to review any User Content and decide, in our sole discretion, whether User Content is appropriate and complies with this Agreement. We may remove any User Content and/or terminate a User’s access for uploading User Content at any time without prior notice and in our sole discretion.

(c) Security. You are responsible for maintaining the security of your account and User Content, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with the Platform. You agree to immediately notify Smarter Weigh Out in writing of any unauthorized uses of your account or any other breaches of security. Smarter Weigh Out cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

(d) Your Representations to Us. By using the Services, you represent and warrant that (i) all registration information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information; (iii) you are 13 years of age or older; and (iv) your use of the Services does not violate any applicable law or regulation.

(e) Promotional Materials. When registering an account with us, you may expressly agree to receive promotional content from Smarter Weigh Out, by mail or email, from time to time. You will also be given an option to opt out of receiving our promotional materials. If you wish to change your election with respect to promotional materials, you may do so on the Website at any time.

5. THIRD PARTIES

(a) Third Party Service Providers. You acknowledge that the Services may allow you to access and use content and services offered by third party service providers. You agree to comply with the relevant terms and conditions of any such third party service provider.

(b) Links to Third Party Sites. The Website may include links to other websites. We do not control or endorse any third party site. You agree that we are not responsible for the availability or contents of any such third party sites. Your use of third party sites is at your own risk.

6. LIMITATION OF LIABILITY

(a) Limitation of Liability. In no event shall Smarter Weigh Out, its officers, directors, employees, or agents, be liable to you or to any third party for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever arising from or related to either this Agreement, or use of the Product, the Services, the Platform or the Website. Our liability to you for any damages arising from or related to this Agreement, will at all times be limited to the amount you have paid to us in the prior 12 months (if any). The existence of more than one claim will not enlarge this limit. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

(b) Third Party Products and Services. Smarter Weigh Out does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website or featured in any banner or other advertising, and Smarter Weigh Out will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

(c) Medical Content. Any use of Content, including, without limitation, User Content will be at your own risk. Without limiting the generality of the foregoing, you acknowledge and agree that Smarter Weigh Out is not responsible for any Content that purports to give medical advice or advice regarding fitness training, exercise, or diet. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition and prior to starting a diet or physical fitness program.

(d) Other Jurisdictions. We make no representations that the Services, the Platform or the Website are appropriate or available for use in all locations. Those who access or use the Services, the Platform, or Website from jurisdictions prohibiting such use, do so at their own volition and are responsible for compliance with local law.

7. INDEMNITY

You agree to defend, indemnify and hold harmless Smarter Weigh Out, Winn Innovations and its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Product, the Services, the Platform, and the Website; (b) your violation of any term of this Agreement; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive the termination of this Agreement and your use of the Product, the Services, the Platform or the Website.

8. GENERAL

(a) Entire Agreement. This Agreement, together with the Privacy Policy, shall constitute the entire agreement between you and Smarter Weigh Out concerning the Products, the Website, the Platform, and the Services.

(b) Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Smarter Weigh Out without restriction or limitations.

(c) No Personal Jurisdiction. You agree that: (i) the Services shall be deemed; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Smarter Weigh Out, either specific or general, in jurisdictions. This Agreement shall be governed by the internal substantive laws of the State of origin, without respect to its conflict of laws principles.

(d) Claims. You agree that any cause of action arising out of or related to the Product, the Services, the Platform, or the Website must commence within one (1) year after the cause of action occurs. Otherwise, such cause of action shall be permanently barred.

(e) Severability. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

(f) Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Smarter Weigh Out’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.