A sample memorandum is at figure 3—5. The following is required when a Soldier is determined to exceed the body fat standard see table 3—1 :. Soldiers will be counseled regarding the initiation of the DA Form prior to the conclusion of the first training period following the date the flagging action was initiated in accordance with AR —8—2. The effective date of the flagging action is the date the Soldier is found to be noncompliant.
The retrieval code is to be recorded in the event the Soldiers choose to review the results with a dietitian or health care provider during a nutrition counseling appointment. Soldiers have the option to modify their plan while enrolled in the ABCP for example, a Soldier may initially opt to follow a commercial weight loss program, but then 2 months later decide to enroll in a no-cost internet-based program. Each file must include, at a minimum, the following for each enrollment:.
Medical evaluation request memorandum s , if indicated AC and RC on active duty only see fig 3—6. During monthly assessments, every Soldier enrolled in the ABCP will be weighed and have a body fat assessment conducted in order to document weight and fat loss progress. A monthly loss of either 3 to 8 pounds or 1 percent body fat are both considered to be safely attainable goals that enable Soldiers to lose excess body fat and meet the body fat standards.
Soldiers that meet either of these goals are considered to be making satisfactory progress in the ABCP. This may include time to participate in ongoing nutritional counseling or weight loss programs as prescribed by the dietitian or healthcare provider. Helpful tips for commanders and supervisors are located in appendix C. The health care provider will conduct a medical evaluation to ensure the Soldier can participate in the ABCP and rule out any underlying medical condition that may be a direct cause of significant weight gain or directly inhibit weight or body fat loss.
If an underlying medical condition is found, the following applies:. Aircraft crewmembers exceeding the body fat standards will be referred to a flight surgeon for medical evaluation and determination of impact on flight status. Health care providers will use the medical evaluation results memorandum fig 3—7 for this purpose. Soldiers found to have a temporary medical condition that directly causes weight gain or prevents weight or body fat loss will have up to 6 months from the initial medical evaluation date to undergo treatment to resolve the medical condition.
The medical specialty physician may extend the time period up to 12 months if it is determined more time is needed to resolve the medical condition. During this time, the Soldier will participate in the ABCP, to include initiation of a DA Form , nutrition counseling, and monthly body fat assessment, but will not be penalized for failing to show progress. However, if the Soldier meets the body fat standard during this timeframe, he or she will be removed from the ABCP.
The provisions of this paragraph are not applicable to medical conditions or injuries based solely on a prescribed reduction in physical activity.
The inability to exercise does not directly cause weight gain. Health care personnel will advise Soldiers to modify caloric intake when reduced physical activity is necessary as part of a treatment plan. Once the medical condition is resolved, or 6 months not to exceed 12 months , whichever occurs first, from the date of the medical evaluation, and if the Soldier still exceeds the body fat standard, he or she will continue participating in the ABCP but will be required to show satisfactory progress, as defined in paragraph 3—9b.
If the Soldier is unable to show satisfactory progress in accordance with paragraph 3—9b, the Soldier will be subject to separation.
Satisfactory progress in the ABCP is defined as a monthly weight loss of either 3 to 8 pounds or 1 percent body fat. Commanders and supervisors will remove individuals administratively from the ABCP as soon as the body fat standard is achieved.
Soldiers that meet the screening table weight must remain in the ABCP program until they no longer exceed the required body fat standard. The commander will remove the DA Form actions and counsel the Soldier on the importance of maintaining body composition and potential consequences if re-enrolled in the program within 36 months. A sample memorandum of release from ABCP counseling is at figure 3—8.
The Soldier will undergo a medical evaluation at own expense for RC not on active duty. If, after 12 months but less than 36 months from the date of release from the ABCP, it is determined that a Soldier again exceeds the body fat standard, a DA Form will be initiated on the Soldier.
The Soldier will have 90 days to meet the standards. Soldiers who meet the body fat standard at the day point will be released from the ABCP. Commanders will initiate separation action, bar to reenlistment, or transfer to the IRR per paragraph 3—12d for all Soldiers who fail to meet the body fat standard at the day point.
If, after this period of exemption they are verified to exceed the body fat standard, they will be enrolled in the ABCP, pending approval of a medical doctor that they are fit to participate in the program.
Soldiers who become pregnant while enrolled in the ABCP will remain under the flagging action. Soldiers entered or re-entered in the ABCP after pregnancy will be considered first-time entries into the program; paragraph 3—14 will not apply at that time. If the Soldier is determined to exceed the body fat standard and is identified to have a temporary underlying medical condition, refer to paragraph 3—11 for appropriate actions. If at the end of the specified recovery period the Soldier exceeds the allowable body fat standard, a DA Form will be initiated on the Soldier and he or she will be enrolled in the ABCP.
The DCS, G—1 is the approval authority for all exceptions to this regulation. The use of certain medications to treat an underlying medical or psychological disorder or the inability to perform all aerobic events may contribute to weight gain but are not considered sufficient justification for noncompliance with this regulation. By accepting this Policy, the End User and Analysis Facility each acknowledge that unintentional data loss may occur despite the efforts made in good faith by InBody, its third-party affiliates, or an Analysis Facility.
The purpose of access and process by the third-party affiliates in different countries will remain consistent with this Policy. Processing and access may be possible from other countries whose data protection laws may differ from the jurisdiction in which End User live.
As a result, this information may be subject to access requests from governments, courts, or law enforcement in those jurisdictions according to laws in those jurisdictions. If End User are an Analysis Facility or a Facility User, End User represent and warrant to InBody that End User attained all necessary consent and provided all necessary notices as required by applicable laws for the purposes of this Policy.
Third parties, including, but not limited to, LookinBody Company utilize extended levels of security to protect the electronic data. We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to our office. Third Parties such as LookinBody Company restrict their offices to authorized personnel only, also other forms of restriction are applied to enter the department with access to the server.
We restrict access to Personal Information and Personal Health Information to InBody employees, contractors, and agents who need to know Personal Information or Personal Health Information in order to process something for us. They are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations. Third parties are also required to limit the access to our server s , to authorized personnel only, who use the information for the purposes indicated in this Policy.
InBody and its third-party affiliates have developed a comprehensive incident readiness and response plan designed to identify the cause, extent and nature of an incident involving Personal Information and Personal Health Information and to allow timely reporting in accordance with our contractual terms or legal obligations.
We promise not to retaliate or discriminate against anyone exercising consumer rights under the California Consumer Protection Act or any other applicable consumer protection regulation, and we reserve the right to adjust our pricing based on services offered.
Please visit our Terms, which explain other terms governing the use of our Services. The Site may provide links to other sites that provide information related to our Services. Once End User link to another site, End User are subject to the privacy policy of the new site. End User can also find a list of Services at our website www. We reserve the right to change and amend any part of the Policy at any time and without prior notice. Details of these updates will be made available on the Site.
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You agree that by using the InBody platform, you are agreeing to enter into a legally binding contract with Biospace Inc. If you are developing in conjunction with our platform, or using our platform, on behalf of a company or other entity, you represent and warrant that you have full legal authority to register an Application on behalf of that entity and bind it to these Terms.
If you are not authorized, you may not accept the Terms or register an Application for someone else. In the event of any conflict between the Developer Documentation and these Terms, these Terms shall control. In addition to your compliance with the other requirements and obligations set forth in these Terms, you may participate in the Self-Serve API Program and display Content retrieved via the applicable API in your Application if:.
You will be asked to agree to these Terms along with any other agreements that InBody may require. You agree that we can use, store, and share information submitted by you to InBody in connection with your Application to contact you, for attribution purposes, handling inquiries from Members or potential Members about your Application, for other purposes under these Terms for example, we may email you with updates regarding the developer program , and as otherwise permitted in our Privacy Policy.
You acknowledge that if you share the contact information of your employees or independent contractors with us, we may contact them in accordance with these Terms. Once you have successfully registered an account, the account holder will receive a confirmation email to be given access to your API credentials for your Application.
All activities that occur using those access credentials are your responsibility. You agree that InBody shall not be deemed liable for any activities occurring under those Access Credentials. Keep your Access Credentials secret. Do not sell, share, transfer, or sublicense them to any other party other than your employees or independent contractors in accordance with Section 3.
Do not try to circumvent them and do not require your users to obtain their own Access Credentials to use your Application for example, in an attempt to circumvent call limits.
You may create up to one hundred test profiles for purposes of testing your Application only. You must create the profiles manually and not via automated means, such as scripts. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable except to independent contractors so they may host, develop, test, operate, modify or support your Application in accordance with Section 3.
In addition to the other terms and conditions in these Terms, except as expressly set forth herein, you agree not to do the following:. Implement features or business practices, or use the API or Content in a way, that may harm Members;.
Use the API or Content for any illegal purposes, or in any manner which would violate these Terms, or breach any laws or regulations regarding privacy or data protection, or violate the rights of third parties or expose InBody or its users to legal liability;. Remove any legal, copyright, trademark or other proprietary rights notices contained in or on materials you receive or access pursuant to these Terms, including, but not limited to, the API, the Developer Documentation, and the Content;.
Sell, lease, share with the exception of making the Content available to users through the Application , transfer, sublicense or otherwise make available any Content, directly or indirectly, to any third party e.
Use the Content for any other purpose other than to allow your users to use the Content in your Application;. Use any Content in any advertisements or for purposes of targeting advertisements specifically to any individual user whether such advertisements appear in the Application or elsewhere , or to generate mass messages, promotions or offers;.
Make any statements or use any API or Content in a manner that expresses or implies that you, your Application or your use of the Content is sponsored or endorsed by InBody e.
Use any API in any manner that, as determined by InBody in its reasonable discretion, constitutes abusive usage;. Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, or transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature through your use of any API;.
Provide functionality that proxies, requests or collects InBody usernames or passwords;. Copy, adapt, reformat, reverse-engineer, disassemble, decompile, decipher, translate or otherwise modify any API, Access Credential, Content, Services, InBody Brand Features or other information or service from InBody, through automated or other means;.
Try to exceed or circumvent limitations on API calls and use. This includes creating multiple Applications for identical, or largely similar, usage;. This restriction applies 1 whether the Non-Official Content was obtained indirectly through a third party, such as a customer or third-party developer, and 2 whether or not the Non-Official Content is stored or displayed in the Application or some other resource, product or service.
In addition to the other terms and conditions in these Terms, you must never do any of the following under these Terms:. Use the API in any Application that includes adult content, promotes gambling, involves the sale of tobacco or alcohol to persons under 21 years of age, or otherwise violates any applicable law or regulation; or.
Use the API to retrieve Content that is then aggregated with third party data in such a way that an end user cannot attribute the Content to InBody i. You must not capture, copy or store any Content or any information expressed by the Content such as hashed or transformed data , except to the extent permitted by these Terms.
You may only store Content in a manner which enables you to identify, segregate and selectively delete such Content. The Content must not be stored in a data repository that would enable any third party access other than the customer or Member to which it relates. In addition to the requirements set forth below in Section 5, the process for obtaining Member consent to store their data must, at a minimum, meet the specifications set forth from the Developer Documentation.
The restrictions of this Section do not apply to data that Members provide to you or that is separately entered or uploaded to you outside of the Application by the user of your Application. You must immediately delete all Content if we terminate your use of the API, except when doing so would cause you to violate any law or obligation imposed by a governmental authority.
Covered Data that is acquired at your facility is in your custody and control. You are responsible for securing the Covered Data, exchanged content, and media in your custody and control according to the applicable law of your jurisdiction. You are responsible for all data that is inputted into the Site by you pursuant to your use of the Services.
You represent and warrant that all data provided by you through the Site for processing or analysis is correct and true. Breach Source. You warrant that you have safeguards, policies and procedures in place to detect and counter a Covered Data Breach from your custody and control. Data Breach Detection and Responding Policies. We have technological and organizational measures in place to detect Covered Data breach in our system. You warrant that you have technological measures in place to detect Covered Data breach in your systems.
Notification to Supervisory Authorities — We may notify depending on the assessment of the Division If assessed that the breach poses a real risk of significant harm to a Member, we will notify the supervisory authority in the prescribed form and manner and within a reasonable amount of time after a Covered Data Breach determination has been made by us.
Notification to Covered Data Subjects — We have policies and procedures notify the affected Members of the Covered Data Breach; if we determine that said Member s is or are at a real risk of significant hare, we shall notify the Member in the prescribed manner and form. Your Application must include, and you agree to bind Members to, your own user agreement and privacy policy. Your user agreement and privacy policy must be prominently identified or located where Members download or access your Application.
Your privacy practices must meet applicable legal standards of your jurisdiction and accurately disclose the collection, use, storage and sharing of data. You must promptly notify us of any breaches of your user agreement or privacy policy that impact or may impact Members.
Before obtaining information from Members, you must obtain their legally valid consent pursuant to your jurisdiction which, at a minimum, shall include: a how their data will be used, b when it will be collected e. The consent must be freely given in accordance with applicable law in your jurisdiction and given by a statement or a clear affirmative action. Subject to these Terms including our Branding Guidelines , we grant you a limited, non-exclusive, non-assignable, non-sublicenseable, and non-transferable license during the Duration to display Our Brand Features within the Application and to accurately promote or advertise your integration of the API in your Application.
You agree not to display Our Brand Features a in any way that violates applicable law, including laws regarding libel, slander, obscenity and infringement; b in any way that is misleading, implies that your Application is approved, created or endorsed by InBody or otherwise embellishing your relationship with InBody ; or c in a way that is otherwise objectionable to InBody in its sole discretion, unless otherwise permitted in our Business Partner Agreement.
If you are planning any formal, proactive press outreach, you will submit the content press release, blog post, etc.
Any good will in Your Brand Features resulting from our use will inure solely to you. We may also publish your name and logo with or without a link to your Application on our Services, in press releases, and in promotional materials without additional consent or notice to you. Requirement for Security Measures. Security Questionnaire. Security Breach. You must promptly report any security deficiencies in, or intrusions to, your Systems that you discover or are reported publicly or to you to InBody in writing via email to LBWeb InBody.
In the event of any security deficiency or intrusion involving the Application, APIs or Content, you will make no public statements e. You also agree to assist InBody in verifying your compliance with these Terms by providing us with information about your Application and storage of Content, which may include access to your Application and other materials or Systems related to your use of the APIs.
If you do not demonstrate full compliance with these Terms, as determined in our sole discretion, we may restrict or terminate your access to the API. You acknowledge that InBody may monitor any API activity from its own systems for the purpose of ensuring quality, improving InBody products and Services, and ensuring compliance with these Terms.
You must not interfere or attempt to interfere with such monitoring or otherwise obscure from InBody your API activity. InBody may use any technical means to overcome such interference. We may provide you with support for the APIs in our sole discretion and we may stop providing support to you at any time without notice or liability to you.
We are not obligated to provide any training, support or technical assistance for the Application, the Content, or the APIs directly to your Application users and you agree to communicate to your Application users that you and not InBody are responsible for any such support. Unless we release a new version of the API for security or legal reasons, you will have a reasonable amount of notice as determined by us , to migrate to subsequent versions of the API.
You acknowledge that once InBody releases a subsequent version of an API, the prior version of such API may stop working at any time or may no longer work in the same manner.
Your continued use of the API following a subsequent release will be deemed your acceptance of all modifications. Should InBody change the costs and fees associated with the use of the APIs or any developer tools and features, you do not have any obligation to continue to use the APIs. Each party will bear its own costs and expenses in performing its obligations under these Terms.
Each party acknowledges that the other party may independently create applications, content and other products or services that may be similar to or competitive with those of the other party and nothing in these Terms will be construed as restricting or preventing each party from creating and fully exploiting such applications, content and other products or services, without any obligations to the other party.
Except to the limited extent expressly provided in these Terms, neither party grants, nor shall the other party acquire, any right, title or interest including any implied license in or to any property of the first party under these Terms.
All rights not expressly granted in these Terms are reserved. For the Duration you grant us a royalty-free, non-exclusive, worldwide, irrevocable right and license, under all of your intellectual property rights, to: a use, perform, and display your Application and its content for purposes of marketing, demonstrating, and answering inquiries; b link to and direct Members to your Application; and c sublicense the foregoing rights to InBody Affiliates as defined in Section Each party agrees not to provide Feedback that it knows is subject to any intellectual property claim by a third party or any license terms which would require products or services derived from that Feedback to be licensed to or from, or shared with, any third party.
You must comply with these Terms in order to use the APIs and we reserve the right to terminate your access to the APIs should you fail to comply or be discovered to have failed to comply. The most current version of these Terms can be reviewed on the Developer Site. We reserve the right to modify, supplement, or replace any provisions of these Terms, effective prospectively upon posting on the Developer Site or otherwise notifying you.
For example, we may present a banner on the Developer Site when we have amended these Terms so that you may access and review the changes prior to your continued use of the APIs and Developer Site. If you do not want to agree to changes to these Terms, you can terminate these Terms at any time in accordance with Section In addition to any other documents incorporated by reference into these Terms above, you and your Application must also comply with the following, if applicable to you, which are hereby incorporated by reference:.
In the event of any conflict between the content in this document and the above documents these Terms control your use of the API.
If you disagree with any of the provisions in these Terms, do not access or use the API. You may terminate these Terms by discontinuing use of our API or cancelling your subscription. We may discontinue the availability of some or all of the API or any Content at any time for any reason. We may also impose limits on certain features and services or restrict your access to some or all of the API, Content or our Services.
Although we will endeavor to provide prior notice of our exercise of our rights pursuant to this Section, it may not be practical or commercially reasonable in all circumstances. Accordingly, all of our rights in these Terms may be exercised without prior notice or liability to you. Either party may terminate these Terms: a if the other party files a voluntary petition for bankruptcy or a petition or answer seeking a reorganization; b if the other party has filed against it an involuntary petition for bankruptcy that has not been dismissed within 60 calendar days thereof; c if the other party becomes insolvent, admits in writing its inability to pay its debts as they mature, or makes an assignment for the benefit of its creditors; d if the other party applies for or consents to the appointment of a receiver, trustee or liquidator for substantially all of its assets or such receiver, trustee or liquidator is appointed for the other party; or e upon the occurrence of a material breach of these Terms by the other party, if such breach is not cured within ten 10 business days after written notice identifying the matter constituting the material breach is provided by the non-breaching party.
InBody will make commercially reasonable efforts to remove all references and links to your Application from the Services InBody has no other obligation to delete copies of, references to, or links to your Application. Notwithstanding the above, each party may retain a copy of these Terms and such other confidential information of the other party as reasonably required for legal and auditing purposes.
InBody may request that you certify in writing your compliance with this Section. Some countries and jurisdictions do not allow the disclaimer of certain implied terms or exclusions of liability and as a result the contents of this Section 12 may not, in their entirety, apply to you.
Federal Arbitration Act governs everything related to arbitration. All Claims except those brought in arbitration and small claims court can be litigated only in the federal or state courts in Los Angeles County, California, USA, and we each agree to personal jurisdiction in those courts.
Notwithstanding the above, you agree that InBody shall still be allowed to apply for injunctive remedies or an equivalent type of urgent legal relief in any jurisdiction. If any provision of these Terms is found to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable to the maximum extent possible in order to effect the intention of the provision; if a term cannot be so modified, it will be severed and the remaining provisions of these Terms will not be affected in any way.
Where InBody has provided you with a translation of the English language version of these Terms or any document referenced in these Terms, you agree that the translation is provided for your convenience only and that the English language versions of any such document, will control.
We may notify you via postings on the Developer Site or via the email address associated with your Application or Member account.
Any notices that you provide without compliance with this Section shall have no legal effect. These Terms, including any documents incorporated into these Terms by reference, constitute the entire agreement between you and InBody regarding the subject matter of these Terms and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the developer platform or any APIs, Content or other material used or displayed through the InBody developer platform. Any purported assignment and delegation shall be ineffective.
We may freely assign or delegate all rights and obligations under these Terms, fully or partially without notice to you. You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.
Nothing in these Terms will be construed as creating a partnership or joint venture of any kind between the parties and neither party will have the authority or power to bind the other party or to contract in the name of or create a liability against the other party in any way or for any purpose.
If you have questions or comments about these Terms, please contact us online LBWeb inbody. Hit enter to search or ESC to close. Close Search. This is unacceptable as the standard is clear for losing 3 to 8 pounds. Again this is unacceptable. According to AR para. This means that if you fail to show progress next month that you will be considered to be failing the program in which case the commander will initiate a medical evaluation.
If the medical evaluation finds no underlying medical condition, the commander will initiate separation action, bar to reenlistment, or involuntary transfer to the IRR in accordance with AR Starting immediately I want you to keep track of your calorie intake.
This can be done a number of ways, smart-phone apps, or just writing it in a notebook and researching the calorie count.
I want to be able to see everything you are eating and what your daily intake is.
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