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  1. <![CDATA[
  2. <h3 class="terms-name">Welcome to AllsWell, operated by AllsWell, Inc. (the “Company” or “AllsWell”).</h3>
  3. <p class="terms-text-bg">THIS IS A LEGAL AGREEMENT (“AGREEMENT”) THAT GOVERNS YOUR USE OF THE SERVICE
  4. (AS DEFINED BELOW) PROVIDED BY ALLSWELL.<br>
  5. IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THE FOLLOWING TERMS AND CONDITIONS. BY CLICKING
  6. "AGREE," YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS AND THAT THEY WILL APPLY IF YOU
  7. CHOOSE TO ACCESS OR USE THE SERVICE.</p>
  8. <h3 class="terms-text-name">ACCEPTANCE OF TERMS OF USE AGREEMENT</h3>
  9. <p class="terms-text">This Agreement is an electronic contract that establishes the legally binding
  10. terms you must accept to use the Service. If you do not accept and agree to be bound by all of the
  11. terms of this Agreement, including the AllsWell Privacy Policy, do not use the Service. This
  12. Agreement includes the Company’s (i) Privacy Policy, and (ii) terms disclosed and agreed to by you
  13. if you purchase or accept additional features, products or services we offer on the Service, such as
  14. terms governing features, billing, free trials, discounts and promotions.</p>
  15. <p class="terms-text">Please contact us at contact@allswellapp.com with any questions regarding this
  16. Agreement.</p>
  17. <p class="terms-text">By accessing or using the Service, you accept this Agreement and agree to the
  18. terms, conditions and notices contained or referenced herein and consent to have this Agreement and
  19. all notices provided to you in electronic form. To withdraw this consent, you must cease using the
  20. Service and terminate your account. You may print a copy of this Agreement for your records.</p>
  21. <p class="terms-text">We may, at any time and for any reason make changes to this Agreement. We may do
  22. this for a variety of reasons including to reflect changes in or requirements of the law, new
  23. features, or changes in business practices. The most recent version of this Agreement will be posted
  24. on <a class="terms-link" href="http://allswellapp.com/">allswellapp.com</a>, and you should
  25. regularly check for the most recent version. The most recent
  26. version is the version that applies. If the changes include material changes that affect your rights
  27. or obligations, we will notify you of the changes by reasonable means, which could include
  28. notification through the website or via email.</p>
  29. <p class="terms-text">If you continue to use the Services after the changes become effective, then you
  30. shall be deemed to have accepted those changes. If you don’t agree to these changes, you must end
  31. your relationship with us (without penalty) by ceasing to use the Services and leaving AllsWell.
  32. Additionally, if we update or upgrade the Services, you may be required to accept the most recent
  33. version of the Agreement to access the updated or upgraded Services.</p>
  34. <h3 class="terms-text-name">AGREEMENT TO PROVIDE SERVICES</h3>
  35. <p class="terms-text">We agree to provide to you the Services as described below, and the subscriber
  36. (“Member”) and the person who is paying for the Services, if different from the Member (the
  37. “Payer”), agree to make the payments, and perform the obligations, and be bound by the terms of this
  38. Agreement, as described below.</p>
  39. <h3 class="terms-text-name">SERVICES TO BE PROVIDED; RELATED TERMS.</h3>
  40. <p class="terms-text"><b>Installation of Mobile App.</b> AllsWell will provide the Mobile App, which
  41. shall be
  42. installed on the Member’s smartphone. The Mobile App shall be in good operating condition and, upon
  43. activating the Mobile App on the smartphone transmitting device, the Mobile App will contact a
  44. monitoring facility. The Member will install and test the Mobile App and confirm that, upon
  45. activating the transmitting device, the Mobile App will contact a monitoring facility.<br>
  46. <b>Description of Monitoring Services</b>. The Services provided by AllsWell consist solely of
  47. alerting the
  48. persons, entities or agencies chosen by the Member during sign up or thereafter ("<b>Emergency
  49. Contacts</b>"). The alerts will be sent upon receipt by a monitoring facility of data or other
  50. communication from the Member’s smartphone Mobile App reporting an event involving the Member that
  51. requires assistance (a "<b>Response Condition</b>"). Typically a Response Condition is inactivity of
  52. the Member’s smartphone on which the Mobile App has been installed for a specified period of time
  53. chosen
  54. by the Member during sign up or thereafter. Following receipt of notice of a Response Condition,
  55. AllsWell will send the Emergency Contacts an email and SMS to their respective email addresses and
  56. phone numbers entered by the Member during sign up or thereafter. The email and SMS will contain
  57. either a map or a link to a map where the Member’s smartphone was last located, as well as health
  58. information provided by the Member if the Member elects to have the Emergency Contact receive
  59. it.<br>
  60. <b>Ownership of Mobile App</b>. AllsWell will, at all times, own the Mobile App and all rights
  61. thereto.
  62. AllsWell’s proprietary rights are discussed more fully below.
  63. </p>
  64. <h3 class="terms-text-name">ELIGIBILITY FOR SERVICE</h3>
  65. <p class="terms-text">AllsWell’s Service is directed towards persons living independently and the
  66. Emergency Contacts, who are typically part of the Member’s adult family or other adult neighbors or
  67. friends, as designated by the Member. No Service provided by AllsWell is directed to persons under
  68. the age of 13.</p>
  69. <p class="terms-text">You must be at least 13 years of age to access and use the Service or serve as a
  70. Responder. Any use of the Service is void where prohibited. By accessing and using the Service, you
  71. represent and warrant that you have the right, authority and capacity to enter into this Agreement
  72. and to abide by all of the terms and conditions of this Agreement. Using the Service may be
  73. prohibited or restricted in certain countries. If you use the Service from outside of the United
  74. States, you are responsible for complying with the laws and regulations of the territory from which
  75. you access or use the Service.</p>
  76. <h3 class="terms-text-name">CREATING AN ACCOUNT</h3>
  77. <p class="terms-text">In order to use AllsWell, you must first create an account by creating a profile,
  78. setting up a schedule and entering an Emergency Contact. Then AllsWell will send an SMS to the
  79. Member’s smartphone with a link to download the AllsWell app. Once download, you must open the app
  80. and log in with the email address and password you entered when you created your account profile.
  81. This will synchronize the Member’s smartphone to the account. For more information regarding the
  82. information we collect from you in establishing your account, and how we use it, please consult our
  83. Privacy Policy.</p>
  84. <p class="terms-text">Don’t reveal you’re account information to anyone else. You are solely responsible
  85. for maintaining the confidentiality and security of you’re account and for all activities that occur
  86. on or through your account, and you agree to immediately notify AllsWell of any security breach of
  87. your Account. As described below, AllsWell shall not be responsible for any losses arising out of
  88. the unauthorized use of your Account.</p>
  89. <p class="terms-text">You agree to provide accurate and complete information when you register with, and
  90. as you use, the Service, and you agree to update your information to keep it accurate and complete.
  91. You agree that AllsWell may store and use your information to maintain your Account. You may not
  92. create an account for anyone other than yourself without that person’s permission.</p>
  93. <h3 class="terms-text-name">TERM AND TERMINATION</h3>
  94. <p class="terms-text">This Agreement will remain in full force and effect while you use the Service
  95. and/or have an AllsWell account, provided you make payments when due and keep your account in good
  96. standing. You may terminate your account at any time, for any reason.</p>
  97. <p class="terms-text">Any default in payments or other defaults by you in abiding by the terms of this
  98. Agreement may result in our terminating your account and this Agreement.</p>
  99. <p class="terms-text">AllsWell may terminate or suspend your account at any time without notice if
  100. AllsWell believes that you have breached this Agreement, or for any other reason, in its sole
  101. discretion. Upon such termination or suspension, you will not be entitled to any refund of unused
  102. fees. AllsWell is not required to disclose, and may be prohibited by law from disclosing, the reason
  103. for the termination or suspension of your account.</p>
  104. <h3 class="terms-text-name">NO LIABILITY FOR SMARTPHONE FUNCTIONALITY OR CONNECTIVITY</h3>
  105. <p class="terms-text terms-text-bold">YOU UNDERSTAND THAT THE COMPANY MAKES NO GUARANTEES, EITHER
  106. EXPRESS OR IMPLIED,
  107. THAT THE SERVICE IS 100% FAIL PROOF, AS MANY OF ITS FEATURES DEPEND ON OTHER COMPANIES, SUCH AS, BUT
  108. NOT LIMITED TO, THE STORAGE OF THE INFORMATION, THE SMARTPHONES OPERATION AND CONNECTION, OR THE
  109. ACCURACY OF THE SMARTPHONE\'S LOCATION.</p>
  110. <p class="terms-text">Due to the potential for service interruption or outages of systems outside the
  111. control of AllsWell, such as, but not limited to, the carrier networks, the internet service, the
  112. smartphone’s functionality or power settings, the Service is not guaranteed. AllsWell will have no
  113. liability with respect to these or any other failures.</p>
  114. <h3 class="terms-text-name">ACCOUNT SECURITY</h3>
  115. <p class="terms-text">You are responsible for maintaining the confidentiality of the username and
  116. password you designate during the registration process, and you are solely responsible for all
  117. activities that occur under your username and password. You agree to immediately notify AllsWell of
  118. any disclosure or unauthorized use of your username or password or any other breach of security at
  119. contact@allswellapp.com and ensure that you log out from your account at the end of each
  120. session.</p>
  121. <p class="terms-text terms-text-bold">YOU ARE SOLELY RESPONSIBLE FOR THE INFORMATION YOU INPUT INTO
  122. ALLSWELL (“CONTENT”). YOU UNDERSTAND AND AGREE THAT ALLSWELL DOES NOT CONDUCT CHECKS OR SCREENINGS
  123. ON ITS USERS OR VERIFIES THE ACCURACY OF THE INFORMATION THE USERS ENTER. THE COMPANY ALSO DOES NOT
  124. INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE INFORMATION ENTERED BY OR
  125. ON BEHALF OF ITS USERS.</p>
  126. <p class="terms-text terms-text-bold">ALLSWELL MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY
  127. OF THE LOCATION
  128. OF THE USER\'S PHONE.</p>
  129. <p class="terms-text">You may not post as part of the Service, or transmit to AllsWell or any other user
  130. (either on or off the Service), any inaccurate, incomplete, or illegal material. You represent and
  131. warrant that (i) all information that you submit upon creation of your account is accurate and
  132. truthful and that you will promptly update any information provided by you that subsequently becomes
  133. inaccurate, incomplete, misleading or false and (ii) you have the right to post the Content on the
  134. Service. AllsWell is not responsible for the conduct of its user, Emergency Contacts or any other
  135. person. In no event shall AllsWell, its affiliates or its partners be liable (directly or
  136. indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special,
  137. compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or
  138. anyone else in connection with the use of the Service including, without limitation, death, bodily
  139. injury, emotional distress, and/or any other damages resulting from the use of the Service.</p>
  140. <p class="terms-text">You agree to take all necessary precautions to ensure the proper function of the
  141. Service, including, but not limited to, the choice of your Emergency Contacts, their availability,
  142. their information, the time AllsWell will be monitoring if your smartphone is active, the
  143. information, medical or other, you input, the time zone you operate in, turning the Service on or
  144. off when needed, such as, but not limited to, when you\'re traveling and that in no circumstances
  145. will AllsWell, its affiliates or its partners be liable (directly or indirectly) for any losses or
  146. damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or
  147. incidental, arising out of, relating or in connection with the use of the Service including, without
  148. limitation, death, bodily injury, emotional distress, and/or any other damages resulting from the
  149. use of the Service.</p>
  150. <h3 class="terms-text-name">NO WARRANTIES; SERVICE PROVIDED AS IS</h3>
  151. <p class="terms-text terms-text-bold">YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE
  152. SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE
  153. SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER
  154. EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
  155. PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
  156. IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.</p>
  157. <p class="terms-text terms-text-bold">IN NO CASE SHALL ALLSWELL, ITS DIRECTORS, OFFICERS, EMPLOYEES,
  158. AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
  159. PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICE OR
  160. FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO,
  161. ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
  162. THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
  163. SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE
  164. EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR
  165. JURISDICTIONS, ALLSWELL\'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.</p>
  166. <p class="terms-text terms-text-bold">ALLSWELL SHALL USE REASONABLE EFFORTS TO PROTECT MATERIALS OR
  167. INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICE, BUT YOU AGREE THAT YOUR SUBMISSION OF
  168. SUCH INFORMATION IS AT YOUR SOLE RISK, AND ALLSWELL HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU
  169. FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.</p>
  170. <p class="terms-text terms-text-bold">ALLSWELL DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE
  171. FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND
  172. ALLSWELL DISCLAIMS ANY LIABILITY RELATING THERETO.</p>
  173. <h3 class="terms-text-name">PROPRIETARY RIGHTS</h3>
  174. <p class="terms-text">AllsWell owns and retains all proprietary rights in the Service and the Mobile
  175. App, and in all content, trademarks, trade names, service marks and other intellectual property
  176. rights related thereto. The Service contains the copyrighted material, trademarks, and other
  177. proprietary information of the Company and its licensors. You agree to not copy, modify, transmit,
  178. create any derivative works from, make use of, or reproduce in any way any copyrighted material,
  179. trademarks, trade names, service marks, or other intellectual property or proprietary information
  180. accessible through the Service, without first obtaining the prior written consent of the AllsWell
  181. or, if such property is not owned by AllsWell, the owner of such intellectual property or
  182. proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices
  183. appearing on any content, including copyright, trademark and other intellectual property
  184. notices.</p>
  185. <p class="terms-text">You agree that the Service, including but not limited to graphics, user interface,
  186. audio clips, video clips, editorial content, and the scripts and software used to implement the
  187. Service, contains proprietary information and material that is owned by AllsWell and/or its
  188. licensors, and is protected by applicable intellectual property and other laws, including but not
  189. limited to copyright. You agree that you will not use such proprietary information or materials in
  190. any way whatsoever except for use of the Service in compliance with this Agreement. No portion of
  191. the Service may be reproduced in any form or by any means, except as expressly permitted in these
  192. terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works
  193. based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way
  194. whatsoever, including, but not limited to, by trespass or burdening network capacity.</p>
  195. <p class="terms-text">Notwithstanding any other provision of this Agreement, AllsWell and its licensors
  196. reserve the right to change, suspend, remove, or disable access to any products, content, or other
  197. materials comprising a part of the Service at any time without notice. In no event will AllsWell be
  198. liable for making these changes. AllsWell may also impose limits on the use of or access to certain
  199. features or portions of the Service, in any case and without notice or liability.</p>
  200. <p class="terms-text">AllsWell, the AllsWell logo, and other AllsWell trademarks, service marks,
  201. graphics, and logos used in connection with the Service are trademarks or registered trademarks of
  202. AllsWell in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos
  203. used in connection with the Service may be the trademarks of their respective owners. You are
  204. granted no right or license with respect to any of the aforesaid trademarks and any use of such
  205. trademarks.</p>
  206. <p class="terms-text">You agree not to, or attempt or assist another person to, violate, circumvent,
  207. reverse-engineer, decompile, disassemble, or otherwise tamper with the Service.</p>
  208. <h3 class="terms-text-name">PROHIBITED ACTIVITIES</h3>
  209. <p class="terms-text">In addition to the types of Content described above, the following is a partial
  210. list of the kind of Content that is prohibited in the Service. You agree that you will NOT use the
  211. Service to:</p>
  212. <p class="terms-text">a. upload, download, post, email, transmit, store or otherwise make available any
  213. content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive,
  214. violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive,
  215. or otherwise objectionable;</p>
  216. <p class="terms-text">b. stalk, harass, threaten or harm another;</p>
  217. <p class="terms-text">c. if you are an adult, request personal or other information from a minor (any
  218. person under the age of 18 or such other age as local law defines as a minor) who is not personally
  219. known to you, including but not limited to any of the following: full name or last name, home
  220. address, zip/postal code, telephone number, picture, email address, or the names of the minor\'s
  221. school, church, athletic team or friends;</p>
  222. <p class="terms-text">d. pretend to be anyone, or any entity, you are not — you may not impersonate or
  223. misrepresent yourself as another person (including celebrities), entity, another Service
  224. participant, an AllsWell employee, or a civic or government leader, or otherwise misrepresent your
  225. affiliation with a person or entity, (AllsWell reserves the right to reject or block any nickname
  226. which could be deemed to be an impersonation or misrepresentation of your identity, or a
  227. misappropriation of another person\'s name or identity);</p>
  228. <p class="terms-text">e. engage in any copyright infringement or other intellectual property
  229. infringement, or disclose any trade secret or confidential information in violation of a
  230. confidentiality, employment, or nondisclosure agreement;</p>
  231. <p class="terms-text">f. post, send, transmit or otherwise make available any unsolicited or
  232. unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters,
  233. including, without limitation, bulk commercial advertising and informational announcements;</p>
  234. <p class="terms-text">g. forge any TCP-IP packet header or any part of the header information in an
  235. email or a news group posting, or otherwise put information in a header designed to mislead
  236. recipients as to the origin of any content transmitted through the Service (“spoofing");</p>
  237. <p class="terms-text">h. upload, post, email, transmit, store or otherwise make available any material
  238. that contains viruses or any other computer code, files or programs designed to harm, interfere with
  239. or limit the normal operation of the Service (or any part thereof), or any other computer software
  240. or hardware;</p>
  241. <p class="terms-text">i. interfere with or disrupt the Service (including accessing the Service through
  242. any automated means, like scripts or web crawlers), or any servers or networks connected to the
  243. Service, or any policies, requirements or regulations of networks connected to the Service
  244. (including any unauthorized access to, use or monitoring of data or traffic thereon);</p>
  245. <p class="terms-text">j. plan or engage in any illegal activity; and/or gather and store personal
  246. information on any other users of the Service to be used in connection with any of the foregoing
  247. prohibited activities;</p>
  248. <p class="terms-text">k. cheat or otherwise modify the Service or the game experience to effect an
  249. advantage for one player over another.</p>
  250. <p class="terms-text">AllsWell reserves the right, in its sole discretion, to investigate and take any
  251. legal action against anyone who violates this provision, including removing the offending
  252. communication from the Service and terminating or suspending the account of such violators.</p>
  253. <p class="terms-text">Your use of the Service, including all Content you post through the Service, must
  254. comply with all applicable laws and regulations. You agree that AllsWell may access, preserve and
  255. disclose your account information and Content if required to do so by law or in a good faith belief
  256. that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with
  257. legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the
  258. rights of third parties; (iv) respond to your requests for customer service or allow you to use the
  259. Service in the future; or (v) protect the rights, property or personal safety of AllsWell or any
  260. other person.</p>
  261. <p class="terms-text terms-text-bold">YOU AGREE THAT ANY CONTENT YOU PLACE ON THE SERVICE MAY BE VIEWED
  262. BY YOUR EMERGENCY CONTACTS, OTHER EMERGENCY RESPONDERS OR OTHER PERSONS.</p>
  263. <p class="terms-text">AllsWell reserves the right to investigate, suspend and/or terminate your account
  264. if you have misused the Service or behaved in a way AllsWell regards as inappropriate or
  265. unlawful.</p>
  266. <h3 class="terms-text-name">CUSTOMER SERVICE</h3>
  267. <p class="terms-text">AllsWell provides assistance and guidance through its customer care
  268. representatives. When communicating with our customer care representatives, you agree to not behave
  269. inappropriately. If we feel that your behavior towards any of our customer care representatives or
  270. other employees is at any time inappropriate, we reserve the right to immediately terminate your
  271. account.</p>
  272. <h3 class="terms-text-name">WAIVER AND INDEMNITY</h3>
  273. <p class="terms-text terms-text-bold">BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD ALLSWELL,
  274. ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH
  275. RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY
  276. ACTION TAKEN BY ALLSWELL AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR
  277. AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS
  278. THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM ALLSWELL, ITS DIRECTORS, OFFICERS, EMPLOYEES,
  279. AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO
  280. PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE,
  281. OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF
  282. ALLSWELL'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY
  283. PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN, RESULTING FROM, OR CONTEMPLATED BY THIS
  284. AGREEMENT.</p>
  285. <p class="terms-text">You acknowledge and agree that neither AllsWell nor its affiliates and third party
  286. partners are responsible for and shall not have any liability, directly or indirectly, for any loss
  287. or damage, including personal injury or death, as a result of or alleged to be the result of (i) any
  288. incorrect or inaccurate Content posted in the Service, whether caused by you or any of the equipment
  289. or programming associated with or utilized in the Service; (ii) the timeliness, deletion or removal,
  290. incorrect delivery or failure to store any Content, communications or personalization settings;
  291. (iii) the conduct, whether online or offline, of any user; (iv) any error, omission or defect in,
  292. interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or
  293. unauthorized access to, any user or user communications; or (v) any problems, failure or technical
  294. malfunction of any telephone network, computer online systems, servers or providers, computer
  295. equipment, smartphone, software, failure of email or messages on account of technical problems or
  296. traffic congestion on the Internet or at any website or combination thereof, including injury or
  297. damage to users or to any other person’s computer or device related to or resulting from
  298. participating or downloading materials in connection with the Internet and/or in connection with the
  299. Service.</p>
  300. <h3 class="terms-text-name">LINKS</h3>
  301. <p class="terms-text">The Service may contain, and the Service or third parties may provide,
  302. advertisements and promotions offered by third parties and links to other web sites or resources.
  303. You acknowledge and agree that AllsWell is not responsible for the availability of such external
  304. websites or resources, and does not endorse and is not responsible or liable for any content,
  305. information, statements, advertising, goods or services, or other materials on or available from
  306. such websites or resources.</p>
  307. <p class="terms-text">Your correspondence or business dealings with, or participation in promotions of,
  308. third parties found in or through the Service, including payment and delivery of related goods or
  309. services, and any other terms, conditions, warranties or representations associated with such
  310. dealings, are solely between you and such third party. You further acknowledge and agree that
  311. AllsWell shall not be responsible or liable, directly or indirectly, for any damage or loss caused
  312. or alleged to be caused by or in connection with the use of, or reliance upon, any such content,
  313. information, statements, advertising, goods or services or other materials available on or through
  314. any such website or resource.</p>
  315. <h3 class="terms-text-name">ENTIRE AGREEMENT; OTHER</h3>
  316. <p class="terms-text">This Agreement, with the Privacy Policy and any specific guidelines or rules that
  317. are separately posted for particular services or offers in the Service, contains the entire
  318. agreement between you and AllsWell regarding the use of the Service. If any provision of this
  319. Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
  320. The failure of AllsWell to exercise or enforce any right or provision of this Agreement shall not
  321. constitute a waiver of such right or provision. You agree that your online account is
  322. non-transferable and all of your rights to your profile or contents within your account terminate
  323. upon your death. No agency, partnership, joint venture or employment is created as a result of this
  324. Agreement and you may not make any representations or bind AllsWell in any manner.</p>
  325. <h3 class="terms-text-name">SPECIAL STATE TERMS</h3>
  326. <p class="terms-text">The following provisions are added to this Agreement for subscribers residing in
  327. Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and
  328. Wisconsin:</p>
  329. <p class="terms-text">You, the buyer, may cancel this Agreement, without penalty or obligation, at any
  330. time prior to midnight of the third business day following the original date of this contract,
  331. excluding Sundays and holidays. To cancel this agreement, please tap the “Contact Us” button at the
  332. bottom provide us with the order number and your desire to cancel. You can find the order number in
  333. the order confirmation email.<br>
  334. In the event that you die before the end of your subscription period, your estate shall be entitled
  335. to a refund of that portion of any payment you had made for your subscription, which is allocable to
  336. the period after your death. In the event that you become disabled (such that you are unable to use
  337. the services of AllsWell) before the end of your subscription period, you shall be entitled to a
  338. refund of that portion of any payment you had made for your subscription which is allocable to the
  339. period after your disability by providing the company notice at the same address as listed above.
  340. </p>
  341. <h3 class="terms-text-name" id="privacy">PRIVACY POLICY</h3>
  342. <p class="terms-text">Your privacy is important to AllsWell. So we've developed a Privacy Policy that
  343. covers how we collect, use, disclose, transfer, and store your information. Please take a moment to
  344. familiarize yourself with our privacy practices and let us know if you have any questions.</p>
  345. <h3 class="terms-text-name">COLLECTION AND USE OF PERSONAL INFORMATION</h3>
  346. <p class="terms-text">Personal information is data that can be used to identify or contact a single
  347. person. You may be asked to provide your personal information anytime you are in contact with
  348. AllsWell or an AllsWell affiliated company. AllsWell and its affiliates may share this personal
  349. information with each other and use it consistent with this Privacy Policy. They may also combine it
  350. with other information to provide and improve our products, services, content, and advertising. You
  351. are not required to provide the personal information that we have requested, but, if you chose not
  352. to do so, in many cases we will not be able to provide you with our services or respond to any
  353. queries you may have.</p>
  354. <p class="terms-text">Here are some examples of the types of personal information AllsWell may collect
  355. and how we may use it.</p>
  356. <p class="terms-text">What personal information we collect:</p>
  357. <p class="terms-text">· When you create an AllsWell Account, we collect a variety of information,
  358. including your name, mailing address, phone number, email address, contact preferences, and credit
  359. card information, including billing address.</p>
  360. <p class="terms-text">· We also collect information regarding the Emergency Contacts, including the
  361. names, phone numbers and email addresses of individuals you wish AllsWell to notify upon the
  362. occurrence of a Response Condition. We may further collect and maintain information regarding your
  363. primary physician and other healthcare provider information, insurance information and a list of
  364. your current medications and allergies.</p>
  365. <p class="terms-text">· When you refer family and friends AllsWell may collect the information you
  366. provide about those people such as name, email address, and phone number. AllsWell may use such
  367. information for marketing purposes, to provide relevant product or service information, or for
  368. anti-fraud purposes.</p>
  369. <h3 class="terms-text-name">HOW WE USE YOUR PERSONAL INFORMATION</h3>
  370. <p class="terms-text">The personal information we collect allows us to provide you with the Services. It
  371. also allows us to keep you posted on AllsWell's latest product announcements, software updates, and
  372. upcoming events. If you don't want to be on our mailing list, you can opt out anytime by updating
  373. your preferences.</p>
  374. <p class="terms-text">We also use personal information to help us create, develop, operate, deliver, and
  375. improve our products, services, content and advertising, and for loss prevention and anti-fraud
  376. purposes.</p>
  377. <p class="terms-text">We may use your personal information, to verify identity, assist with
  378. identification of users, and to determine appropriate services.</p>
  379. <p class="terms-text">From time to time, we may use your personal information to send important notices,
  380. such as communications about purchases and changes to our terms, conditions, and policies. Because
  381. this information is important to your interaction with AllsWell, you may not opt out of receiving
  382. these communications.</p>
  383. <p class="terms-text">We may also use personal information for internal purposes such as auditing, data
  384. analysis, and research to improve AllsWell 's products, services, and customer communications.</p>
  385. <h3 class="terms-text-name">COLLECTION AND USE OF NON-PERSONAL INFORMATION</h3>
  386. <p class="terms-text">We also collect data in a form that does not, on its own, permit direct
  387. association with any specific individual. We may collect, use, transfer, and disclose non-personal
  388. information for any purpose. The following are some examples of non-personal information that we
  389. collect and how we may use it:</p>
  390. <p class="terms-text">We may collect information such as language, zip code, area code, unique device
  391. identifier, referrer URL, location, and the time zone where an AllsWell service is used so that we
  392. can better understand customer behavior and improve our products, services, and advertising.</p>
  393. <p class="terms-text">We may collect information regarding customer activities on our website and our
  394. other products and services. This information is aggregated and used to help us provide more useful
  395. information to our customers and to understand which parts of our website, products, and services
  396. are of most interest. Aggregated data is considered non-personal information for the purposes of
  397. this Privacy Policy.</p>
  398. <p class="terms-text">We may collect and store details of how you use our services. This information may
  399. be used to improve the relevancy of results provided by our services. Except in limited instances to
  400. ensure quality of our services over the Internet, such information will not be associated with your
  401. IP address.</p>
  402. <p class="terms-text">We may collect data about how you use your device and applications in order to
  403. help our developers improve our services.</p>
  404. <p class="terms-text">If we do combine non-personal information with personal information the combined
  405. information will be treated as personal information for as long as it remains combined.</p>
  406. <h3 class="terms-text-name">COOKIES AND OTHER TECHNOLOGIES</h3>
  407. <p class="terms-text">AllsWell's website, online service, interactive application, email messages, and
  408. advertisements may use "cookies" and other technologies such as pixel tags and web beacons. These
  409. technologies help us better understand user behavior, tell us which parts of our websites people
  410. have visited, and facilitate and measure the effectiveness of advertisements and web searches. We
  411. treat information collected by cookies and other technologies as non-personal information.</p>
  412. <p class="terms-text">However, to the extent that Internet Protocol (IP) addresses or similar
  413. identifiers are considered personal information by local law, we also treat these identifiers as
  414. personal information. Similarly, to the extent that non-personal information is combined with
  415. personal information, we treat the combined information as personal information for the purposes of
  416. this Privacy Policy.</p>
  417. <p class="terms-text">AllsWell and our partners also use cookies and other technologies to remember
  418. personal information when you use our website, online services, and applications. Our goal in these
  419. cases is to make your experience with AllsWell more convenient and personal.</p>
  420. <p class="terms-text">For example, knowing your first name lets us welcome you the next time you visit
  421. the AllsWell site. Knowing your country and language helps us provide a customized and more useful
  422. experience. And knowing your contact information, hardware identifiers, and information about your
  423. computer or device helps us personalize your experience, and provide you with better customer
  424. service.</p>
  425. <p class="terms-text">In some of our email messages, we use a "click-through URL" linked to content on
  426. the AllsWell website. When customers click one of these URLs, they pass through a separate web
  427. server before arriving at the destination page on our website. We track this click-through data to
  428. help us determine interest in particular topics and measure the effectiveness of our customer
  429. communications. If you prefer not to be tracked in this way, you should not click text or graphic
  430. links in the email messages.</p>
  431. <p class="terms-text">Pixel tags enable us to send email messages in a format customers can read, and
  432. they tell us whether mail has been opened. We may use this information to reduce or eliminate
  433. messages sent to customers.</p>
  434. <h3 class="terms-text-name">DISCLOSURE TO THIRD PARTIES</h3>
  435. <p class="terms-text">At times AllsWell may make certain personal information available to strategic
  436. partners that work with AllsWell to provide products and services, or that help AllsWell market to
  437. customers. Personal information will only be shared by AllsWell to provide or improve our products,
  438. services and advertising; it will not be shared with third parties for their marketing purposes.</p>
  439. <p class="terms-text"><b>Service Providers.</b> AllsWell shares personal information with companies who
  440. provide
  441. services such as information processing, extending credit, fulfilling customer order, managing and
  442. enhancing customer data, providing customer service, assessing your interest in our products and
  443. services, and conducting customer research or satisfaction surveys. These companies are obligated to
  444. protect your information and may be located wherever AllsWell operates.</p>
  445. <p class="terms-text"><b>Others.</b> It may be necessary - by law, legal process, litigation, and/or
  446. requests
  447. from public and governmental authorities within or outside your country of residence - for AllsWell
  448. to disclose your personal information. We may also disclose information about you if we determine
  449. that for purposes of national security, law enforcement, or other issues of public importance,
  450. disclosure is necessary or appropriate.</p>
  451. <p class="terms-text">We may also disclose information about you if we determine that disclosure is
  452. reasonably necessary to enforce our terms and conditions or protect our operations or users.
  453. Additionally, in the event of a reorganization, merger, or sale we may transfer any and all personal
  454. information we collect to the relevant third party.</p>
  455. <h3 class="terms-text-name">PROTECTION OF PERSONAL INFORMATION</h3>
  456. <p class="terms-text">AllsWell takes the security of your personal information very seriously. AllsWell
  457. protects your personal information during transit and storage using encryption. When your personal
  458. data is stored by AllsWell, we use computer systems with limited access housed in facilities using
  459. physical security measures. Your data is stored in encrypted form. The Health Information data you
  460. enter AllsWell is encrypted and cannot be read by anybody at AllsWell. Only you (or someone with
  461. your login information) and the recipients you chose can have access to that information. You are
  462. responsible for the personal information you choose to share or submit in these instances. Please
  463. take care when using this feature.</p>
  464. <h3 class="terms-text-name">INTEGRITY AND RETENTION OF PERSONAL INFORMATION</h3>
  465. <p class="terms-text">AllsWell makes it easy for you to keep your personal information accurate,
  466. complete, and up to date. We will retain your personal information for the period necessary to
  467. fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or
  468. permitted by law.</p>
  469. <h3 class="terms-text-name">ACCESS TO PERSONAL INFORMATION</h3>
  470. <p class="terms-text">You can help ensure that your contact information and preferences are accurate,
  471. complete, and up to date by logging in to your account. For other personal information we hold, we
  472. will provide you with access for any purpose including to request that we correct the data if it is
  473. inaccurate or delete the data if AllsWell is not required to retain it by law or for legitimate
  474. business purposes. We may decline to process requests that are frivolous/vexatious, jeopardize the
  475. privacy of others, are extremely impractical, or for which access is not otherwise required by local
  476. law. Access, correction, or deletion requests can be made through the regional Privacy Contact
  477. Form.</p>
  478. <h3 class="terms-text-name">LOCATION-BASED SERVICES</h3>
  479. <p class="terms-text">To provide our location-based services, AllsWell and our partners and licensees
  480. collect, use, and share precise location data, including the real-time geographic location of your
  481. smartphone. Where available, location-based services may use GPS, Bluetooth, and your IP Address,
  482. along with crowd-sourced Wi-Fi hotspot and cell tower locations, and other technologies to determine
  483. your smartphone’s approximate location. This location data is collected in a form that personally
  484. identifies you and is used by AllsWell and our partners and licensees to provide and improve our
  485. location-based products and services. However, this information is only used when an alert is sent
  486. out to the recipients of your choice and is deleted after 24 hours.</p>
  487. <h3 class="terms-text-name">THIRD-PARTY SITES AND SERVICES</h3>
  488. <p class="terms-text">AllsWell services may contain links to third-party websites, products, and
  489. services. Our products and services may also use or offer products or services from third parties -
  490. for example, a third-party location-based services. Information collected by third parties, which
  491. may include such things as location data or contact details, is governed by their privacy practices.
  492. We encourage you to learn about the privacy practices of those third parties.</p>
  493. <h3 class="terms-text-name">PRIVACY QUESTIONS</h3>
  494. <p class="terms-text">If you have any questions or concerns about AllsWell's Privacy Policy or data
  495. processing or if you would like to make a complaint about a possible breach of local privacy laws,
  496. please contact us. You can always contact us atcontact@allswellapp.com.</p>
  497. <p class="terms-text">All such communications are examined and replies issued where appropriate as soon
  498. as possible. If you are unsatisfied with the reply received, you may refer your complaint to the
  499. relevant regulator in your jurisdiction. If you ask us, we will endeavor to provide you with
  500. information about relevant complaint avenues which may be applicable to your circumstances.</p>
  501. <p class="terms-text">AllsWell may update its Privacy Policy from time to time. When we change the
  502. policy in a material way, a notice will be posted on our website along with the updated Privacy
  503. Policy.</p>
  504. ]]>
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