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- <![CDATA[
- <h3 class="terms-name">Welcome to AllsWell, operated by AllsWell, Inc. (the “Company” or “AllsWell”).</h3>
- <p class="terms-text-bg">THIS IS A LEGAL AGREEMENT (“AGREEMENT”) THAT GOVERNS YOUR USE OF THE SERVICE
- (AS DEFINED BELOW) PROVIDED BY ALLSWELL.<br>
- IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THE FOLLOWING TERMS AND CONDITIONS. BY CLICKING
- "AGREE," YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS AND THAT THEY WILL APPLY IF YOU
- CHOOSE TO ACCESS OR USE THE SERVICE.</p>
- <h3 class="terms-text-name">ACCEPTANCE OF TERMS OF USE AGREEMENT</h3>
- <p class="terms-text">This Agreement is an electronic contract that establishes the legally binding
- terms you must accept to use the Service. If you do not accept and agree to be bound by all of the
- terms of this Agreement, including the AllsWell Privacy Policy, do not use the Service. This
- Agreement includes the Company’s (i) Privacy Policy, and (ii) terms disclosed and agreed to by you
- if you purchase or accept additional features, products or services we offer on the Service, such as
- terms governing features, billing, free trials, discounts and promotions.</p>
- <p class="terms-text">Please contact us at contact@allswellapp.com with any questions regarding this
- Agreement.</p>
- <p class="terms-text">By accessing or using the Service, you accept this Agreement and agree to the
- terms, conditions and notices contained or referenced herein and consent to have this Agreement and
- all notices provided to you in electronic form. To withdraw this consent, you must cease using the
- Service and terminate your account. You may print a copy of this Agreement for your records.</p>
- <p class="terms-text">We may, at any time and for any reason make changes to this Agreement. We may do
- this for a variety of reasons including to reflect changes in or requirements of the law, new
- features, or changes in business practices. The most recent version of this Agreement will be posted
- on <a class="terms-link" href="http://allswellapp.com/">allswellapp.com</a>, and you should
- regularly check for the most recent version. The most recent
- version is the version that applies. If the changes include material changes that affect your rights
- or obligations, we will notify you of the changes by reasonable means, which could include
- notification through the website or via email.</p>
- <p class="terms-text">If you continue to use the Services after the changes become effective, then you
- shall be deemed to have accepted those changes. If you don’t agree to these changes, you must end
- your relationship with us (without penalty) by ceasing to use the Services and leaving AllsWell.
- Additionally, if we update or upgrade the Services, you may be required to accept the most recent
- version of the Agreement to access the updated or upgraded Services.</p>
- <h3 class="terms-text-name">AGREEMENT TO PROVIDE SERVICES</h3>
- <p class="terms-text">We agree to provide to you the Services as described below, and the subscriber
- (“Member”) and the person who is paying for the Services, if different from the Member (the
- “Payer”), agree to make the payments, and perform the obligations, and be bound by the terms of this
- Agreement, as described below.</p>
- <h3 class="terms-text-name">SERVICES TO BE PROVIDED; RELATED TERMS.</h3>
- <p class="terms-text"><b>Installation of Mobile App.</b> AllsWell will provide the Mobile App, which
- shall be
- installed on the Member’s smartphone. The Mobile App shall be in good operating condition and, upon
- activating the Mobile App on the smartphone transmitting device, the Mobile App will contact a
- monitoring facility. The Member will install and test the Mobile App and confirm that, upon
- activating the transmitting device, the Mobile App will contact a monitoring facility.<br>
- <b>Description of Monitoring Services</b>. The Services provided by AllsWell consist solely of
- alerting the
- persons, entities or agencies chosen by the Member during sign up or thereafter ("<b>Emergency
- Contacts</b>"). The alerts will be sent upon receipt by a monitoring facility of data or other
- communication from the Member’s smartphone Mobile App reporting an event involving the Member that
- requires assistance (a "<b>Response Condition</b>"). Typically a Response Condition is inactivity of
- the Member’s smartphone on which the Mobile App has been installed for a specified period of time
- chosen
- by the Member during sign up or thereafter. Following receipt of notice of a Response Condition,
- AllsWell will send the Emergency Contacts an email and SMS to their respective email addresses and
- phone numbers entered by the Member during sign up or thereafter. The email and SMS will contain
- either a map or a link to a map where the Member’s smartphone was last located, as well as health
- information provided by the Member if the Member elects to have the Emergency Contact receive
- it.<br>
- <b>Ownership of Mobile App</b>. AllsWell will, at all times, own the Mobile App and all rights
- thereto.
- AllsWell’s proprietary rights are discussed more fully below.
- </p>
- <h3 class="terms-text-name">ELIGIBILITY FOR SERVICE</h3>
- <p class="terms-text">AllsWell’s Service is directed towards persons living independently and the
- Emergency Contacts, who are typically part of the Member’s adult family or other adult neighbors or
- friends, as designated by the Member. No Service provided by AllsWell is directed to persons under
- the age of 13.</p>
- <p class="terms-text">You must be at least 13 years of age to access and use the Service or serve as a
- Responder. Any use of the Service is void where prohibited. By accessing and using the Service, you
- represent and warrant that you have the right, authority and capacity to enter into this Agreement
- and to abide by all of the terms and conditions of this Agreement. Using the Service may be
- prohibited or restricted in certain countries. If you use the Service from outside of the United
- States, you are responsible for complying with the laws and regulations of the territory from which
- you access or use the Service.</p>
- <h3 class="terms-text-name">CREATING AN ACCOUNT</h3>
- <p class="terms-text">In order to use AllsWell, you must first create an account by creating a profile,
- setting up a schedule and entering an Emergency Contact. Then AllsWell will send an SMS to the
- Member’s smartphone with a link to download the AllsWell app. Once download, you must open the app
- and log in with the email address and password you entered when you created your account profile.
- This will synchronize the Member’s smartphone to the account. For more information regarding the
- information we collect from you in establishing your account, and how we use it, please consult our
- Privacy Policy.</p>
- <p class="terms-text">Don’t reveal you’re account information to anyone else. You are solely responsible
- for maintaining the confidentiality and security of you’re account and for all activities that occur
- on or through your account, and you agree to immediately notify AllsWell of any security breach of
- your Account. As described below, AllsWell shall not be responsible for any losses arising out of
- the unauthorized use of your Account.</p>
- <p class="terms-text">You agree to provide accurate and complete information when you register with, and
- as you use, the Service, and you agree to update your information to keep it accurate and complete.
- You agree that AllsWell may store and use your information to maintain your Account. You may not
- create an account for anyone other than yourself without that person’s permission.</p>
- <h3 class="terms-text-name">TERM AND TERMINATION</h3>
- <p class="terms-text">This Agreement will remain in full force and effect while you use the Service
- and/or have an AllsWell account, provided you make payments when due and keep your account in good
- standing. You may terminate your account at any time, for any reason.</p>
- <p class="terms-text">Any default in payments or other defaults by you in abiding by the terms of this
- Agreement may result in our terminating your account and this Agreement.</p>
- <p class="terms-text">AllsWell may terminate or suspend your account at any time without notice if
- AllsWell believes that you have breached this Agreement, or for any other reason, in its sole
- discretion. Upon such termination or suspension, you will not be entitled to any refund of unused
- fees. AllsWell is not required to disclose, and may be prohibited by law from disclosing, the reason
- for the termination or suspension of your account.</p>
- <h3 class="terms-text-name">NO LIABILITY FOR SMARTPHONE FUNCTIONALITY OR CONNECTIVITY</h3>
- <p class="terms-text terms-text-bold">YOU UNDERSTAND THAT THE COMPANY MAKES NO GUARANTEES, EITHER
- EXPRESS OR IMPLIED,
- THAT THE SERVICE IS 100% FAIL PROOF, AS MANY OF ITS FEATURES DEPEND ON OTHER COMPANIES, SUCH AS, BUT
- NOT LIMITED TO, THE STORAGE OF THE INFORMATION, THE SMARTPHONES OPERATION AND CONNECTION, OR THE
- ACCURACY OF THE SMARTPHONE\'S LOCATION.</p>
- <p class="terms-text">Due to the potential for service interruption or outages of systems outside the
- control of AllsWell, such as, but not limited to, the carrier networks, the internet service, the
- smartphone’s functionality or power settings, the Service is not guaranteed. AllsWell will have no
- liability with respect to these or any other failures.</p>
- <h3 class="terms-text-name">ACCOUNT SECURITY</h3>
- <p class="terms-text">You are responsible for maintaining the confidentiality of the username and
- password you designate during the registration process, and you are solely responsible for all
- activities that occur under your username and password. You agree to immediately notify AllsWell of
- any disclosure or unauthorized use of your username or password or any other breach of security at
- contact@allswellapp.com and ensure that you log out from your account at the end of each
- session.</p>
- <p class="terms-text terms-text-bold">YOU ARE SOLELY RESPONSIBLE FOR THE INFORMATION YOU INPUT INTO
- ALLSWELL (“CONTENT”). YOU UNDERSTAND AND AGREE THAT ALLSWELL DOES NOT CONDUCT CHECKS OR SCREENINGS
- ON ITS USERS OR VERIFIES THE ACCURACY OF THE INFORMATION THE USERS ENTER. THE COMPANY ALSO DOES NOT
- INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE INFORMATION ENTERED BY OR
- ON BEHALF OF ITS USERS.</p>
- <p class="terms-text terms-text-bold">ALLSWELL MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY
- OF THE LOCATION
- OF THE USER\'S PHONE.</p>
- <p class="terms-text">You may not post as part of the Service, or transmit to AllsWell or any other user
- (either on or off the Service), any inaccurate, incomplete, or illegal material. You represent and
- warrant that (i) all information that you submit upon creation of your account is accurate and
- truthful and that you will promptly update any information provided by you that subsequently becomes
- inaccurate, incomplete, misleading or false and (ii) you have the right to post the Content on the
- Service. AllsWell is not responsible for the conduct of its user, Emergency Contacts or any other
- person. In no event shall AllsWell, its affiliates or its partners be liable (directly or
- indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special,
- compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or
- anyone else in connection with the use of the Service including, without limitation, death, bodily
- injury, emotional distress, and/or any other damages resulting from the use of the Service.</p>
- <p class="terms-text">You agree to take all necessary precautions to ensure the proper function of the
- Service, including, but not limited to, the choice of your Emergency Contacts, their availability,
- their information, the time AllsWell will be monitoring if your smartphone is active, the
- information, medical or other, you input, the time zone you operate in, turning the Service on or
- off when needed, such as, but not limited to, when you\'re traveling and that in no circumstances
- will AllsWell, its affiliates or its partners be liable (directly or indirectly) for any losses or
- damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or
- incidental, arising out of, relating or in connection with the use of the Service including, without
- limitation, death, bodily injury, emotional distress, and/or any other damages resulting from the
- use of the Service.</p>
- <h3 class="terms-text-name">NO WARRANTIES; SERVICE PROVIDED AS IS</h3>
- <p class="terms-text terms-text-bold">YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE
- SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE
- SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER
- EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
- PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
- IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.</p>
- <p class="terms-text terms-text-bold">IN NO CASE SHALL ALLSWELL, ITS DIRECTORS, OFFICERS, EMPLOYEES,
- AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
- PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICE OR
- FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO,
- ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
- THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
- SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE
- EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR
- JURISDICTIONS, ALLSWELL\'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.</p>
- <p class="terms-text terms-text-bold">ALLSWELL SHALL USE REASONABLE EFFORTS TO PROTECT MATERIALS OR
- INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICE, BUT YOU AGREE THAT YOUR SUBMISSION OF
- SUCH INFORMATION IS AT YOUR SOLE RISK, AND ALLSWELL HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU
- FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.</p>
- <p class="terms-text terms-text-bold">ALLSWELL DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE
- FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND
- ALLSWELL DISCLAIMS ANY LIABILITY RELATING THERETO.</p>
- <h3 class="terms-text-name">PROPRIETARY RIGHTS</h3>
- <p class="terms-text">AllsWell owns and retains all proprietary rights in the Service and the Mobile
- App, and in all content, trademarks, trade names, service marks and other intellectual property
- rights related thereto. The Service contains the copyrighted material, trademarks, and other
- proprietary information of the Company and its licensors. You agree to not copy, modify, transmit,
- create any derivative works from, make use of, or reproduce in any way any copyrighted material,
- trademarks, trade names, service marks, or other intellectual property or proprietary information
- accessible through the Service, without first obtaining the prior written consent of the AllsWell
- or, if such property is not owned by AllsWell, the owner of such intellectual property or
- proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices
- appearing on any content, including copyright, trademark and other intellectual property
- notices.</p>
- <p class="terms-text">You agree that the Service, including but not limited to graphics, user interface,
- audio clips, video clips, editorial content, and the scripts and software used to implement the
- Service, contains proprietary information and material that is owned by AllsWell and/or its
- licensors, and is protected by applicable intellectual property and other laws, including but not
- limited to copyright. You agree that you will not use such proprietary information or materials in
- any way whatsoever except for use of the Service in compliance with this Agreement. No portion of
- the Service may be reproduced in any form or by any means, except as expressly permitted in these
- terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works
- based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way
- whatsoever, including, but not limited to, by trespass or burdening network capacity.</p>
- <p class="terms-text">Notwithstanding any other provision of this Agreement, AllsWell and its licensors
- reserve the right to change, suspend, remove, or disable access to any products, content, or other
- materials comprising a part of the Service at any time without notice. In no event will AllsWell be
- liable for making these changes. AllsWell may also impose limits on the use of or access to certain
- features or portions of the Service, in any case and without notice or liability.</p>
- <p class="terms-text">AllsWell, the AllsWell logo, and other AllsWell trademarks, service marks,
- graphics, and logos used in connection with the Service are trademarks or registered trademarks of
- AllsWell in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos
- used in connection with the Service may be the trademarks of their respective owners. You are
- granted no right or license with respect to any of the aforesaid trademarks and any use of such
- trademarks.</p>
- <p class="terms-text">You agree not to, or attempt or assist another person to, violate, circumvent,
- reverse-engineer, decompile, disassemble, or otherwise tamper with the Service.</p>
- <h3 class="terms-text-name">PROHIBITED ACTIVITIES</h3>
- <p class="terms-text">In addition to the types of Content described above, the following is a partial
- list of the kind of Content that is prohibited in the Service. You agree that you will NOT use the
- Service to:</p>
- <p class="terms-text">a. upload, download, post, email, transmit, store or otherwise make available any
- content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive,
- violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive,
- or otherwise objectionable;</p>
- <p class="terms-text">b. stalk, harass, threaten or harm another;</p>
- <p class="terms-text">c. if you are an adult, request personal or other information from a minor (any
- person under the age of 18 or such other age as local law defines as a minor) who is not personally
- known to you, including but not limited to any of the following: full name or last name, home
- address, zip/postal code, telephone number, picture, email address, or the names of the minor\'s
- school, church, athletic team or friends;</p>
- <p class="terms-text">d. pretend to be anyone, or any entity, you are not — you may not impersonate or
- misrepresent yourself as another person (including celebrities), entity, another Service
- participant, an AllsWell employee, or a civic or government leader, or otherwise misrepresent your
- affiliation with a person or entity, (AllsWell reserves the right to reject or block any nickname
- which could be deemed to be an impersonation or misrepresentation of your identity, or a
- misappropriation of another person\'s name or identity);</p>
- <p class="terms-text">e. engage in any copyright infringement or other intellectual property
- infringement, or disclose any trade secret or confidential information in violation of a
- confidentiality, employment, or nondisclosure agreement;</p>
- <p class="terms-text">f. post, send, transmit or otherwise make available any unsolicited or
- unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters,
- including, without limitation, bulk commercial advertising and informational announcements;</p>
- <p class="terms-text">g. forge any TCP-IP packet header or any part of the header information in an
- email or a news group posting, or otherwise put information in a header designed to mislead
- recipients as to the origin of any content transmitted through the Service (“spoofing");</p>
- <p class="terms-text">h. upload, post, email, transmit, store or otherwise make available any material
- that contains viruses or any other computer code, files or programs designed to harm, interfere with
- or limit the normal operation of the Service (or any part thereof), or any other computer software
- or hardware;</p>
- <p class="terms-text">i. interfere with or disrupt the Service (including accessing the Service through
- any automated means, like scripts or web crawlers), or any servers or networks connected to the
- Service, or any policies, requirements or regulations of networks connected to the Service
- (including any unauthorized access to, use or monitoring of data or traffic thereon);</p>
- <p class="terms-text">j. plan or engage in any illegal activity; and/or gather and store personal
- information on any other users of the Service to be used in connection with any of the foregoing
- prohibited activities;</p>
- <p class="terms-text">k. cheat or otherwise modify the Service or the game experience to effect an
- advantage for one player over another.</p>
- <p class="terms-text">AllsWell reserves the right, in its sole discretion, to investigate and take any
- legal action against anyone who violates this provision, including removing the offending
- communication from the Service and terminating or suspending the account of such violators.</p>
- <p class="terms-text">Your use of the Service, including all Content you post through the Service, must
- comply with all applicable laws and regulations. You agree that AllsWell may access, preserve and
- disclose your account information and Content if required to do so by law or in a good faith belief
- that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with
- legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the
- rights of third parties; (iv) respond to your requests for customer service or allow you to use the
- Service in the future; or (v) protect the rights, property or personal safety of AllsWell or any
- other person.</p>
- <p class="terms-text terms-text-bold">YOU AGREE THAT ANY CONTENT YOU PLACE ON THE SERVICE MAY BE VIEWED
- BY YOUR EMERGENCY CONTACTS, OTHER EMERGENCY RESPONDERS OR OTHER PERSONS.</p>
- <p class="terms-text">AllsWell reserves the right to investigate, suspend and/or terminate your account
- if you have misused the Service or behaved in a way AllsWell regards as inappropriate or
- unlawful.</p>
- <h3 class="terms-text-name">CUSTOMER SERVICE</h3>
- <p class="terms-text">AllsWell provides assistance and guidance through its customer care
- representatives. When communicating with our customer care representatives, you agree to not behave
- inappropriately. If we feel that your behavior towards any of our customer care representatives or
- other employees is at any time inappropriate, we reserve the right to immediately terminate your
- account.</p>
- <h3 class="terms-text-name">WAIVER AND INDEMNITY</h3>
- <p class="terms-text terms-text-bold">BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD ALLSWELL,
- ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH
- RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY
- ACTION TAKEN BY ALLSWELL AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR
- AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS
- THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM ALLSWELL, ITS DIRECTORS, OFFICERS, EMPLOYEES,
- AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO
- PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE,
- OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF
- ALLSWELL'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY
- PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN, RESULTING FROM, OR CONTEMPLATED BY THIS
- AGREEMENT.</p>
- <p class="terms-text">You acknowledge and agree that neither AllsWell nor its affiliates and third party
- partners are responsible for and shall not have any liability, directly or indirectly, for any loss
- or damage, including personal injury or death, as a result of or alleged to be the result of (i) any
- incorrect or inaccurate Content posted in the Service, whether caused by you or any of the equipment
- or programming associated with or utilized in the Service; (ii) the timeliness, deletion or removal,
- incorrect delivery or failure to store any Content, communications or personalization settings;
- (iii) the conduct, whether online or offline, of any user; (iv) any error, omission or defect in,
- interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or
- unauthorized access to, any user or user communications; or (v) any problems, failure or technical
- malfunction of any telephone network, computer online systems, servers or providers, computer
- equipment, smartphone, software, failure of email or messages on account of technical problems or
- traffic congestion on the Internet or at any website or combination thereof, including injury or
- damage to users or to any other person’s computer or device related to or resulting from
- participating or downloading materials in connection with the Internet and/or in connection with the
- Service.</p>
- <h3 class="terms-text-name">LINKS</h3>
- <p class="terms-text">The Service may contain, and the Service or third parties may provide,
- advertisements and promotions offered by third parties and links to other web sites or resources.
- You acknowledge and agree that AllsWell is not responsible for the availability of such external
- websites or resources, and does not endorse and is not responsible or liable for any content,
- information, statements, advertising, goods or services, or other materials on or available from
- such websites or resources.</p>
- <p class="terms-text">Your correspondence or business dealings with, or participation in promotions of,
- third parties found in or through the Service, including payment and delivery of related goods or
- services, and any other terms, conditions, warranties or representations associated with such
- dealings, are solely between you and such third party. You further acknowledge and agree that
- AllsWell shall not be responsible or liable, directly or indirectly, for any damage or loss caused
- or alleged to be caused by or in connection with the use of, or reliance upon, any such content,
- information, statements, advertising, goods or services or other materials available on or through
- any such website or resource.</p>
- <h3 class="terms-text-name">ENTIRE AGREEMENT; OTHER</h3>
- <p class="terms-text">This Agreement, with the Privacy Policy and any specific guidelines or rules that
- are separately posted for particular services or offers in the Service, contains the entire
- agreement between you and AllsWell regarding the use of the Service. If any provision of this
- Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
- The failure of AllsWell to exercise or enforce any right or provision of this Agreement shall not
- constitute a waiver of such right or provision. You agree that your online account is
- non-transferable and all of your rights to your profile or contents within your account terminate
- upon your death. No agency, partnership, joint venture or employment is created as a result of this
- Agreement and you may not make any representations or bind AllsWell in any manner.</p>
- <h3 class="terms-text-name">SPECIAL STATE TERMS</h3>
- <p class="terms-text">The following provisions are added to this Agreement for subscribers residing in
- Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and
- Wisconsin:</p>
- <p class="terms-text">You, the buyer, may cancel this Agreement, without penalty or obligation, at any
- time prior to midnight of the third business day following the original date of this contract,
- excluding Sundays and holidays. To cancel this agreement, please tap the “Contact Us” button at the
- bottom provide us with the order number and your desire to cancel. You can find the order number in
- the order confirmation email.<br>
- In the event that you die before the end of your subscription period, your estate shall be entitled
- to a refund of that portion of any payment you had made for your subscription, which is allocable to
- the period after your death. In the event that you become disabled (such that you are unable to use
- the services of AllsWell) before the end of your subscription period, you shall be entitled to a
- refund of that portion of any payment you had made for your subscription which is allocable to the
- period after your disability by providing the company notice at the same address as listed above.
- </p>
- <h3 class="terms-text-name" id="privacy">PRIVACY POLICY</h3>
- <p class="terms-text">Your privacy is important to AllsWell. So we've developed a Privacy Policy that
- covers how we collect, use, disclose, transfer, and store your information. Please take a moment to
- familiarize yourself with our privacy practices and let us know if you have any questions.</p>
- <h3 class="terms-text-name">COLLECTION AND USE OF PERSONAL INFORMATION</h3>
- <p class="terms-text">Personal information is data that can be used to identify or contact a single
- person. You may be asked to provide your personal information anytime you are in contact with
- AllsWell or an AllsWell affiliated company. AllsWell and its affiliates may share this personal
- information with each other and use it consistent with this Privacy Policy. They may also combine it
- with other information to provide and improve our products, services, content, and advertising. You
- are not required to provide the personal information that we have requested, but, if you chose not
- to do so, in many cases we will not be able to provide you with our services or respond to any
- queries you may have.</p>
- <p class="terms-text">Here are some examples of the types of personal information AllsWell may collect
- and how we may use it.</p>
- <p class="terms-text">What personal information we collect:</p>
- <p class="terms-text">· When you create an AllsWell Account, we collect a variety of information,
- including your name, mailing address, phone number, email address, contact preferences, and credit
- card information, including billing address.</p>
- <p class="terms-text">· We also collect information regarding the Emergency Contacts, including the
- names, phone numbers and email addresses of individuals you wish AllsWell to notify upon the
- occurrence of a Response Condition. We may further collect and maintain information regarding your
- primary physician and other healthcare provider information, insurance information and a list of
- your current medications and allergies.</p>
- <p class="terms-text">· When you refer family and friends AllsWell may collect the information you
- provide about those people such as name, email address, and phone number. AllsWell may use such
- information for marketing purposes, to provide relevant product or service information, or for
- anti-fraud purposes.</p>
- <h3 class="terms-text-name">HOW WE USE YOUR PERSONAL INFORMATION</h3>
- <p class="terms-text">The personal information we collect allows us to provide you with the Services. It
- also allows us to keep you posted on AllsWell's latest product announcements, software updates, and
- upcoming events. If you don't want to be on our mailing list, you can opt out anytime by updating
- your preferences.</p>
- <p class="terms-text">We also use personal information to help us create, develop, operate, deliver, and
- improve our products, services, content and advertising, and for loss prevention and anti-fraud
- purposes.</p>
- <p class="terms-text">We may use your personal information, to verify identity, assist with
- identification of users, and to determine appropriate services.</p>
- <p class="terms-text">From time to time, we may use your personal information to send important notices,
- such as communications about purchases and changes to our terms, conditions, and policies. Because
- this information is important to your interaction with AllsWell, you may not opt out of receiving
- these communications.</p>
- <p class="terms-text">We may also use personal information for internal purposes such as auditing, data
- analysis, and research to improve AllsWell 's products, services, and customer communications.</p>
- <h3 class="terms-text-name">COLLECTION AND USE OF NON-PERSONAL INFORMATION</h3>
- <p class="terms-text">We also collect data in a form that does not, on its own, permit direct
- association with any specific individual. We may collect, use, transfer, and disclose non-personal
- information for any purpose. The following are some examples of non-personal information that we
- collect and how we may use it:</p>
- <p class="terms-text">We may collect information such as language, zip code, area code, unique device
- identifier, referrer URL, location, and the time zone where an AllsWell service is used so that we
- can better understand customer behavior and improve our products, services, and advertising.</p>
- <p class="terms-text">We may collect information regarding customer activities on our website and our
- other products and services. This information is aggregated and used to help us provide more useful
- information to our customers and to understand which parts of our website, products, and services
- are of most interest. Aggregated data is considered non-personal information for the purposes of
- this Privacy Policy.</p>
- <p class="terms-text">We may collect and store details of how you use our services. This information may
- be used to improve the relevancy of results provided by our services. Except in limited instances to
- ensure quality of our services over the Internet, such information will not be associated with your
- IP address.</p>
- <p class="terms-text">We may collect data about how you use your device and applications in order to
- help our developers improve our services.</p>
- <p class="terms-text">If we do combine non-personal information with personal information the combined
- information will be treated as personal information for as long as it remains combined.</p>
- <h3 class="terms-text-name">COOKIES AND OTHER TECHNOLOGIES</h3>
- <p class="terms-text">AllsWell's website, online service, interactive application, email messages, and
- advertisements may use "cookies" and other technologies such as pixel tags and web beacons. These
- technologies help us better understand user behavior, tell us which parts of our websites people
- have visited, and facilitate and measure the effectiveness of advertisements and web searches. We
- treat information collected by cookies and other technologies as non-personal information.</p>
- <p class="terms-text">However, to the extent that Internet Protocol (IP) addresses or similar
- identifiers are considered personal information by local law, we also treat these identifiers as
- personal information. Similarly, to the extent that non-personal information is combined with
- personal information, we treat the combined information as personal information for the purposes of
- this Privacy Policy.</p>
- <p class="terms-text">AllsWell and our partners also use cookies and other technologies to remember
- personal information when you use our website, online services, and applications. Our goal in these
- cases is to make your experience with AllsWell more convenient and personal.</p>
- <p class="terms-text">For example, knowing your first name lets us welcome you the next time you visit
- the AllsWell site. Knowing your country and language helps us provide a customized and more useful
- experience. And knowing your contact information, hardware identifiers, and information about your
- computer or device helps us personalize your experience, and provide you with better customer
- service.</p>
- <p class="terms-text">In some of our email messages, we use a "click-through URL" linked to content on
- the AllsWell website. When customers click one of these URLs, they pass through a separate web
- server before arriving at the destination page on our website. We track this click-through data to
- help us determine interest in particular topics and measure the effectiveness of our customer
- communications. If you prefer not to be tracked in this way, you should not click text or graphic
- links in the email messages.</p>
- <p class="terms-text">Pixel tags enable us to send email messages in a format customers can read, and
- they tell us whether mail has been opened. We may use this information to reduce or eliminate
- messages sent to customers.</p>
- <h3 class="terms-text-name">DISCLOSURE TO THIRD PARTIES</h3>
- <p class="terms-text">At times AllsWell may make certain personal information available to strategic
- partners that work with AllsWell to provide products and services, or that help AllsWell market to
- customers. Personal information will only be shared by AllsWell to provide or improve our products,
- services and advertising; it will not be shared with third parties for their marketing purposes.</p>
- <p class="terms-text"><b>Service Providers.</b> AllsWell shares personal information with companies who
- provide
- services such as information processing, extending credit, fulfilling customer order, managing and
- enhancing customer data, providing customer service, assessing your interest in our products and
- services, and conducting customer research or satisfaction surveys. These companies are obligated to
- protect your information and may be located wherever AllsWell operates.</p>
- <p class="terms-text"><b>Others.</b> It may be necessary - by law, legal process, litigation, and/or
- requests
- from public and governmental authorities within or outside your country of residence - for AllsWell
- to disclose your personal information. We may also disclose information about you if we determine
- that for purposes of national security, law enforcement, or other issues of public importance,
- disclosure is necessary or appropriate.</p>
- <p class="terms-text">We may also disclose information about you if we determine that disclosure is
- reasonably necessary to enforce our terms and conditions or protect our operations or users.
- Additionally, in the event of a reorganization, merger, or sale we may transfer any and all personal
- information we collect to the relevant third party.</p>
- <h3 class="terms-text-name">PROTECTION OF PERSONAL INFORMATION</h3>
- <p class="terms-text">AllsWell takes the security of your personal information very seriously. AllsWell
- protects your personal information during transit and storage using encryption. When your personal
- data is stored by AllsWell, we use computer systems with limited access housed in facilities using
- physical security measures. Your data is stored in encrypted form. The Health Information data you
- enter AllsWell is encrypted and cannot be read by anybody at AllsWell. Only you (or someone with
- your login information) and the recipients you chose can have access to that information. You are
- responsible for the personal information you choose to share or submit in these instances. Please
- take care when using this feature.</p>
- <h3 class="terms-text-name">INTEGRITY AND RETENTION OF PERSONAL INFORMATION</h3>
- <p class="terms-text">AllsWell makes it easy for you to keep your personal information accurate,
- complete, and up to date. We will retain your personal information for the period necessary to
- fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or
- permitted by law.</p>
- <h3 class="terms-text-name">ACCESS TO PERSONAL INFORMATION</h3>
- <p class="terms-text">You can help ensure that your contact information and preferences are accurate,
- complete, and up to date by logging in to your account. For other personal information we hold, we
- will provide you with access for any purpose including to request that we correct the data if it is
- inaccurate or delete the data if AllsWell is not required to retain it by law or for legitimate
- business purposes. We may decline to process requests that are frivolous/vexatious, jeopardize the
- privacy of others, are extremely impractical, or for which access is not otherwise required by local
- law. Access, correction, or deletion requests can be made through the regional Privacy Contact
- Form.</p>
- <h3 class="terms-text-name">LOCATION-BASED SERVICES</h3>
- <p class="terms-text">To provide our location-based services, AllsWell and our partners and licensees
- collect, use, and share precise location data, including the real-time geographic location of your
- smartphone. Where available, location-based services may use GPS, Bluetooth, and your IP Address,
- along with crowd-sourced Wi-Fi hotspot and cell tower locations, and other technologies to determine
- your smartphone’s approximate location. This location data is collected in a form that personally
- identifies you and is used by AllsWell and our partners and licensees to provide and improve our
- location-based products and services. However, this information is only used when an alert is sent
- out to the recipients of your choice and is deleted after 24 hours.</p>
- <h3 class="terms-text-name">THIRD-PARTY SITES AND SERVICES</h3>
- <p class="terms-text">AllsWell services may contain links to third-party websites, products, and
- services. Our products and services may also use or offer products or services from third parties -
- for example, a third-party location-based services. Information collected by third parties, which
- may include such things as location data or contact details, is governed by their privacy practices.
- We encourage you to learn about the privacy practices of those third parties.</p>
- <h3 class="terms-text-name">PRIVACY QUESTIONS</h3>
- <p class="terms-text">If you have any questions or concerns about AllsWell's Privacy Policy or data
- processing or if you would like to make a complaint about a possible breach of local privacy laws,
- please contact us. You can always contact us atcontact@allswellapp.com.</p>
- <p class="terms-text">All such communications are examined and replies issued where appropriate as soon
- as possible. If you are unsatisfied with the reply received, you may refer your complaint to the
- relevant regulator in your jurisdiction. If you ask us, we will endeavor to provide you with
- information about relevant complaint avenues which may be applicable to your circumstances.</p>
- <p class="terms-text">AllsWell may update its Privacy Policy from time to time. When we change the
- policy in a material way, a notice will be posted on our website along with the updated Privacy
- Policy.</p>
- ]]>
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