II. USE OF SERVICES BY MINORS
Persons under the age of 18 are not permitted to use the Services without the supervision of a parent or guardian. By using this Website you represent that you are at least 18 years of age or, if you are under the age of 18, you are using this Website under the supervision of your parent or guardian.
III. GRANTS OF LICENSE
APMT grants you a license to use the App over the internet and any mobile device that you own or control at any time you have an active WalkWise subscription or have purchased WalkWise hardware. APMT also grants you a license to use the software embedded in WalkWise upon purchasing WalkWise (collectively, “Licenses”). You shall not sublicense, rent, lease, loan, modify, assign, or otherwise transfer the Licenses without the express permission of APMT. You agree to use the Services only for the purposes described herein. All right, title and interest to the Services and all associated hardware and software, (the associated hardware and software shall be collectively referred to as the “System”), and all modifications, enhancements and improvements to the Services and System shall remain exclusively with APMT. Nothing in the Licenses shall be deemed to grant you any right or license under any patent, patent application, copyright, invention, trade secrets, or other intellectual property right, except as expressly set forth in this Agreement. The Services and System contain material that is protected by United States and foreign patent, trademark and copyright laws and trade secret laws, and by international treaty provisions. You shall not, nor shall you allow any third person (including individuals or business entities), to reverse engineer, copy or otherwise appropriate the technology, design features or characteristics of the Services and System. All rights not granted to you herein are expressly reserved by APMT. You may not remove any proprietary information of APMT from any copy of the System or the Services. You agree that APMT has the right to modify or amend the Licenses effective upon making the modified provisions available on this Website. You understand that you are responsible for regularly reviewing the terms and conditions of the Licenses, and your continued use of the Services after any such modification shall constitute your consent to such changes, including changes in fees. APMT does not and shall not assume any obligation to notify you of any such changes other than posting the changes on the Website. The license granted to use the App shall be effective upon payment of the WalkWise subscription or purchase of the WalkWise hardware, and the license granted to use the software embedded in WalkWise shall be effective from the date you begin using WalkWise. APMT may terminate the either or both Licenses immediately if: 1. You fail to comply with the terms of the licenses granted herein. 2. You fail to timely pay APMT. 3. The Services are discontinued. 4. You have an overdue balance for any services or products purchased, leased or licensed from APMT, its representatives, agents or contractors. You may terminate the licenses granted herein at any time by notifying APMT in writing Auto-Pilot Medical Technologies, Inc., 122 1/2 N. Broadway Drive, Fargo, ND 58102. Upon any termination, you shall receive a prorated refund of any amounts for the WalkWise subscription that you paid in advance; provided, however, that no refunds shall be provided for partial months.
In order to use the WalkWise App, you must create an account (“Account”). When you setup your Account, you will be required to create log-in credentials by providing certain types of personal information (“Login Credentials”). You are responsible for maintaining the confidentiality of your Login Credentials, and are solely responsible for all activities that occur using your Login Credentials. You agree not to allow a third party to use your Login Credentials at any time. APMT reserves the right to terminate any username and password that APMT determines may have been used by an unauthorized third party. You are entirely responsible for maintaining the confidentiality of your login credentials and you will be responsible for any and all activities that are conducted through your account.
VI. NO MEDICAL ADVICE
The Services are intended solely as a tool to assist you in understanding walking behavior and walking aid use. The service is not intended to provide health or medical advice. The service is not intended to (and does not) create any patient relationship between APMT and you, nor should it be considered a replacement for consultation with a health care professional. You should never disregard medical advice or delay seeking medical advice because of something you have read on the Website.
VII. LIMITED WARRANTY
THIS LIMITED WARRANTY COVERS ANY DEFECTS OR MALFUNCTIONS IN YOUR NEW WALKWISE HARDWARE FOR A PERIOD OF ONE YEAR FROM THE DATE YOU PURCHASE WALKWISE. ANY IMPLIED WARRANTIES ARE ALSO LIMITED TO A ONE YEAR PERIOD AFTER THE DATE YOU PURCHASE WALKWISE. FOR A PERIOD OF ONE YEAR AFTER THE DATE YOU PURCHASE YOU WALKWISE, APMT WILL REPAIR OR REPLACE ANY DEFECTIVE OR MALFUNCTIONING PART AT NO CHARGE TO YOU. APMT WILL PAY ALL COSTS OF SHIPPING DURING THE WARRANTY PERIOD. TO MAKE A WARRANTY CLAIM PLEASE EMAIL APMT AT PETER@WALKWISE.IO OR CALL 1 (877) 801-1302. ALL WARRANTY CLAIMS MUST BE ACCOMPANIED BY PROOF OF PURCHASE. THIS LIMITED WARRANTY DOES NOT APPLY TO (1) A WALKWISE DEVICE OR PART OF A WALKWISE DEVICE THAT HAS BEEN ALTERED OR MODIFIED BY ANYONE WHO IS NOT A REPRESENTATIVE OF APMT; (2) DAMAGE CAUSED BY ACCIDENT, ABUSE, MISUSE, FLOOD, FIRE, EARTHQUAKE OR OTHER EXTERNAL CAUSES; (3) DAMAGE CAUSED BY USE WITH IMPROPER POWER SUPPLY; (4) TO DAMAGE CAUSED BY SERVICE PERFORMED BY ANYONE WHO IS NOT A REPRESENTATIVE OF APMT; (5) RECOVERY AND REINSTALLATION OF SOFTWARE PROGRAMS AND USER DATA; OR (6) USE OF WALKWISE OUTSIDE OF THE UNITED STATES OF AMERICA. NO APMT RESELLER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATION, EXTENSION, OR ADDITION TO THIS LIMITED WARRANTY. CONSEQUENTIAL AND INCIDENTAL DAMAGES ARE NOT RECOVERABLE UNDER THIS LIMITED WARRANTY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY ONLY APPLIES TO WALKWISE AND APMT DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE WALKWISE APP WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. APMT MAKES NO OTHER WARRANTIES OF ANY KIND EXCEPT AS PROVIDED IN THIS ARTICLE VII.
All information (including, without limitation, text, images, graphics, links, and other materials) on the Website is provided “as is” and “as available”. APMT expressly disclaims, to extent permitted by law, 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 this Website, the content or user content. APMT does not warrant or make any representation that (i) the Website will meet your requirements, (ii) the Website will be uninterrupted, timely, secure, or error free, or (iii) the results that may be obtained from the use of the Website (including any information and materials on this Website) will be correct, complete, accurate, reliable, or otherwise meet your requirements. APMT shall have no liability for interruptions or omissions in Internet, network or hosting services and does not warrant that the Website or the services which make this Website available or electronic communications sent by APMT are free from viruses or any other harmful elements. Any material downloaded or otherwise obtained through the use of this Website is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
IX. LIMITATION OF LIABILITY
To the fullest extent not prohibited by law, in no event shall APMT, and our suppliers and licensors, be liable for personal injury, or any incidental, special, punitive, exemplary, direct, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use or inability to use the WalkWise system, however caused, regardless of the theory of liability and even if APMT has been advised of the possibility of such damages. To the maximum extent permitted by applicable law, in no event shall APMT’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the greater of: (1) the amounts paid by you to APMT during the twelve (12) months immediately preceding the events or omissions giving rise to such damages, or (2) the amount of one hundred U.S. dollars ($100.00). The foregoing limitations will apply even if the above stated remedy or any other remedy set forth in this Agreement fails of its essential purpose. Access to, and use of, WalkWise and App is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
By using the Services you agree that you will defend, indemnify and hold harmless APMT together with its licensors, employees, agents, directors, officers and members, from and against all the liabilities, claims, damages and expenses (including reasonable attorneys‘ fees and costs) arising out of (a) your use of the Services, (b) your breach or alleged breach of this Agreement, (c) your violation or alleged violation of applicable laws or regulations or third party rights, and (d) any negligent acts, omissions, or willful misconduct by you.
XI. USE OUTSIDE UNITED STATES
APMT controls and operates the Services from its headquarters in the United States of America and the Services are intended only for use in the United States of America and may not be appropriate or available for use in other locations. If you choose to use the Services outside the United States of America, in violation of these Terms, you do so at your own risk and are responsible for following applicable local laws.
XIII. THIRD PARTY CONTENT
Via the Website, we may provide you with access to third-party content. APMT hereby disclaims any liability with respect to any such third party-content. This Website may include links to other sites and services that are not operated by us. We are providing these links to you only as a convenience and APMT is not responsible for the content or links displayed on such sites. You are responsible for, and assume all risk arising from, your use or reliance on any third party sites.
XIV. INTELLECTUAL PROPERTY
This Website and the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in this Agreement, APMT exclusively owns all right, title and interest in and to this Website and the Services, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying this Website or the Services. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the Services (“Feedback”) will be the sole and exclusive property of APMT and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback.
XV. GENERAL TERMS
In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions. A failure by us to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. This Agreement and any policies or operating rules posted by us on this Website or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of this Website and the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Agreement), unless otherwise agreed to in writing. Any ambiguities in the interpretation of this Agreement shall not be construed against the drafting party. The headings used in this agreement are included for convenience only and will not limit or otherwise affect this Agreement. The laws of the State of North Dakota will govern this Agreement, without regard to conflicts of law principles. Any and all claims and controversies arising out of and related to this Agreement shall be settled in the courts of competent jurisdiction in Fargo, North Dakota. Any such claim or controversy shall be adjudicated on an individual basis and shall not be consolidated with a claim of any other party. The foregoing shall not preclude APMT from seeking any injunctive relief in courts of competent jurisdiction located in other countries and jurisdictions for protection of any APMT intellectual property rights. The communications between you and APMT use electronic means. For contractual purposes, you (a) consent to receive communications from APMT in an electronic form, and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that APMT provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hard copy writing. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement.
Last Revised April 8, 2020 (“Effective Date”)
2. Important Definitions.
b. When we use the term “De-Identified Information”, we mean information that is neither used nor intended to be used to personally identify an individual, and for which there is no reasonable basis to believe that the information can be used to identify an individual.
c. When we use the term “Cookies”, we mean the small pieces of information that a Site sends to your browser while you are viewing a website. When you visit that website again, the Cookie allows the website to recognize your web browser. Cookies may store unique identifiers, user preferences, and other information.
4. HIPAA. Our privacy practices are intended to comply with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA“). We will maintain the privacy of your Protected Health Information (“PHI”) as required by HIPAA and the regulations promulgated thereunder.
5. Other Applicable Law. California residents have special protections under state law regarding the access and use of Personal Information. See Cal. Civil Code §§ 1798.80 to .84.
6. Individuals Under Age 18. This Site is not directed to children and children are not eligible to use our Services. We will not knowingly collect information from Site users under the age of eighteen (18). If you are under age 18, please do not attempt to use the Site or any of our Services or provide any Personal Information about yourself to us. If we learn that we have collected Personal Information from a child under 18, we will delete that information as quickly as possible.
7. The Personal Information we may collect and/or maintain includes (but is not limited to):
a. Your name, age, e-mail address, username, password, and other registration information;
b. Health-related Information that is generated by the WalkWise system, such as potential health or safety alerts, activity data, and relative location data;
c. Billing information that you provide us, such as credit card information;
d. Information about the computer or mobile device you are using, such as what Internet browser you use, the kind of computer or mobile device you use, and other information about how you use the Site; and
e. Other information that you input into the Site.
8. WalkWise may use your Personal Information for the following purposes (subject to applicable legal restrictions):
a. To provide you with the Services and customer support (e.g., administer your account, process your payments, fulfill your orders);
b. Verify your identity;
c. To improve the quality of the Services offered, through the performance of quality reviews and similar activities;
d. To create De-Identified Information (e.g., aggregate statistics) relating to the use of the Services;
e. To notify you when Site updates are available;
f. To market and promote the Site and the Services to you (you can “opt out” of receiving direct marketing and/or market research inquiries by e-mailing us at firstname.lastname@example.org. Please note that even if you opt-out, we may still send you certain Site and Services related communications.);
g. To fulfill any other purpose for which you provide us Personal Information; and
h. For any other purpose for which you give us authorization.
9. WalkWise also may disclose your Personal Information that we collect or that you provide (subject to applicable legal restrictions):
a. To our subsidiaries and affiliates;
b. To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and to use it only for the purposes for which we disclose it to them;
c. To third parties to whom you ask us to send such information. If applicable, any disclosures to your health plan will be in strict compliance with the limitations imposed on disclosures of PHI to group health plans under HIPAA.
d. As required or permitted by law, which can include providing information as required by a regulation, subpoena, court order, legal process, or government inquiry;
e. When we believe in good faith that disclosure is necessary to protect your safety or the safety of others, to protect our rights, to investigate fraud, or to respond to a government request;
f. To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of WalkWise’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information maintained by the Site is among the assets transferred; and
g. For any other purpose disclosed by us when you provide the Personal Information.
10. We will not sell or lease your Personal Information to any third party.
11. Information We Collect via Technology. As you use the Site or the Services, certain information may be passively collected by Cookies, navigational data like Uniform Resource Locators (“URLs”) and third party tracking services, including:
a. Site Activity Information. We may keep track of some of the actions you take on the Site, such as the content of searches you perform on the Site.
b. Access Device and Browser Information. When you access the Site from a computer or other device, we may collect anonymous information from that device, such as your Internet protocol address, browser type, connection speed and access times (collectively, “Anonymous Information”).
c. Cookies. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies to make the Site and Service easier to use, to make our advertising better, and to protect both you and WalkWise. You can instruct your browser, by changing its options, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. If you do not accept Cookies, however, you will not be able to stay logged in to the Site.
e. Web Beacons. We may also occasionally use “web beacons” (also known as “clear gifs,” “web bugs,” “1-pixel gifs,” etc.) that allow us to collect non Personal Information about your response to our email communications, and for other purposes. Web beacons are tiny images, placed on a web page or e-mail that can tell us if you have visited a particular area of the Site. For example, if you have given us permission to send you emails, we may send you an email urging you to use a certain feature of the Site. If you do respond to that email and use that feature, the web beacon will tell us that our email communication with you has been successful. Because web beacons are used in conjunction with persistent cookies (described above), if you set your browser to decline or deactivate cookies, web beacons cannot function.
f. Real-Time Location. Certain features of the Site use GPS technology to collect real-time information about the location of your device so that the Site can connect you to a health care provider who is licensed or authorized to provide services in the state where you are located.
g. Mobile Services. We may also collect non-Personal Information from your mobile device or computer. This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include how you use the application(s) and information about the type of device or computer you use. In addition, in the event our application(s) crashes on your mobile device we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our application(s).
12. De-Identified Information. We may use De-Identified Information created by us without restriction.
14. Modification of Information. WalkWise will not verify, modify or otherwise alter any User Personal Information without the consent of the applicable User, however, WalkWise may correct any internal errors or modify any immaterial information at any time. Users will be able to update some of their information through the Site. Requests to modify any information may also be submitted directly to email@example.com.
16. Steps We Take to Keep Your Personal Information Secure. WalkWise employs reasonable physical, electronic, and managerial security methods to help protect against unauthorized access to Personal Information, consistent with applicable law. We provide secure transmission of your Personal Information from your PC or mobile device to our servers and/or our Site. Personal Information collected by our Site is stored in secure operation environments that are not available to the public. Further, we use a password and authentication system that is user specific to ensure that users can only see the specific information to which they have been granted access. We also have policies, procedures, and controls to reduce the risk of unauthorized or accidental use, disclosure, or destruction of your Personal Information, and we train our employees on data security. Please be aware, however, that no data transmission via the Internet or a data storage facility is guaranteed to be perfectly secure. As a result, while we try to protect your Personal Information, we cannot ensure or guarantee the security of any information you transmit to us, and you do so at your own risk. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. As with all electronic communications there are potential risks such as failures of hardware, software, and/or internet connections. We are not responsible for failures, distortions, delays, or other problems resulting from equipment configuration, connection, signal power, hardware, software, or any equipment used to access the internet. We do not guarantee that the confidentiality or security of any electronic transmissions via the internet can be assured, due to potentially unsecure computers or links, which could result in your information becoming lost or intercepted during transmission. It is your responsibility to protect the security of your login information and to use good judgment before deciding to send information via the internet.
18. Report Violations. You should report any security violations to us by sending an e-mail to firstname.lastname@example.org.