IF YOU DO NOT AGREE TO THE TERMS, DO NOT CLICK THE “I AGREE” BUTTON OR DOWNLOAD OR USE (iExercise Journal) MOBILE APPLICATION.
The Terms were last updated on Oct 15, 2013.
- General Use and Acceptance of Terms
- The term “Mobile Application” shall refer to and consist of the following: (i) the iExercise Journal Mobile App software applications, together with any software code, scripts, interfaces, graphics, displays, text, documentation and other components; and (ii) any updates, modifications or enhancements to the items listed in subsection (i) (collectively, the “Mobile Application”). Failure to download and install any software updates may result in the Mobile Application being disabled until the necessary updates are downloaded and installed.
- The Mobile Application is intended to be used to allow users to log and track diabetes parameters and establish medication reminders. The Mobile Application content, such as text, graphics, images, and information obtained from the Mobile Application, and other material contained on or obtained through the Mobile Application (“Information”), is for informational purposes only. The Information is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. If you think you may have a medical emergency, call your doctor or 911 immediately.
- By accessing or using the Mobile Application, you are representing that you are of legal age (18 years and over) and of legal competence to enter into a binding agreement with Sponsor, and are not otherwise prohibited from using or receiving the Mobile Application pursuant to any applicable Usage Rules and/or the laws of the local or national jurisdiction from which you are accessing or using the Mobile Application. If you are not able to make the representations in the preceding sentence, you are prohibited from using the Mobile Application, however, any unauthorized use of the Mobile Application by you shall be subject to these Terms until your unauthorized usage terminates.
- You acknowledge and understand that the Mobile Application requires and utilizes phone service or data access to properly function. Except for any applicable download or installation fees, Sponsor does not charge for the use of Mobile Application, however carrier rates for phone or data service may apply and you are solely responsible for any such charges.
- License Grant and Restrictions on Use
- Sponsor grants you a revocable, non-exclusive, non-transferrable, limited right to install and use the Mobile Application on a single mobile telephone or device controlled by you (each a “Mobile Device”), and to access and use the Mobile Application on such Mobile Device strictly in accordance with these Terms and the applicable Usage Rules.
- You may download and/or use the Information for your personal, non-commercial use only. You may not distribute, modify, transmit, reuse, repost, or use the Information for commercial purposes without written permission of Sponsor.
- You shall not: (i) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Mobile Application; (ii) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Mobile Application; (iii) violate any applicable laws, rules or regulations in connection with your access or use of the Mobile Application; (iv) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Sponsor or its affiliates, partners, suppliers or the licensors; or (v) install, use or permit the Mobile Application to exist on more than one Mobile Device at a time or on any other mobile device or computer, other than by means of your separate downloads of the Mobile Application, each of which are subject to separate licenses (this restriction however does not limit your right to reinstall the Mobile Application on the specific Mobile Device for which it was downloaded).
- You agree that you will not use the Mobile Application or any Information for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended.
- You acknowledge that Sponsor may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your Mobile Device. You consent to such automatic upgrading on your Mobile Device, and agree that these Terms will apply to all such upgrades. Failure to download and install any software updates may result in the Mobile Application being disabled until the necessary updates are downloaded and installed.
- From time to time and without prior notice to you, we may change, expand and improve the Mobile Application. We may also, at any time, cease to continue operating part or all of the Mobile Application or selectively disable certain aspects or portions of the Mobile Application. Any modification or elimination of the Mobile Application will be done in our sole and absolute discretion and without an ongoing obligation or liability to you. Your use of the Mobile Application does not entitle you to the continued provision or availability of the Mobile Application.
- Intellectual Property Notice
- You acknowledge and agree that (i) the Mobile Application (including the design, text, graphics, pictures, Information, calculations, applications, software and other files contained therein or related thereto), (ii) the source and object code of the Mobile Application, (iii) the Sponsor company names, logos, and all related products and service names, design marks and slogans, and (iv) any and all copyrights, patents, trademarks, trade secrets, publicity rights and other intellectual property rights associated therewith (collectively, the “Intellectual Property”), are the sole property of Sponsor, its wholly-owned subsidiaries, affiliates, licensors, suppliers or other third parties. Except as expressly and unambiguously provided herein, you do not possess, and Sponsor does not grant to you, any express or implied rights (whether by implication, estoppel or other legal theory) in or to any Intellectual Property (or the unauthorized use of the Intellectual Property) and all such rights are retained by Sponsor, its subsidiaries, affiliates, licensors and/or any third party owner of such rights. You acknowledge and agree that you, and not Sponsor or any third party mobile device platform or service provider, shall be solely responsible for the investigation, defense, settlement and discharge of any intellectual property infringement claim or suit, or any other harm or damages resulting from your use of or access to the Mobile Application.
- Sponsor makes no guarantees or endorsements, nor can we be responsible for, any Information accessible by using the Mobile Application, nor are we responsible for any resulting loss or damage relating to the use of such Information.
- Sponsor makes no representation that any third party platform or service provider has endorsed the Mobile Application, and you should not rely on the availability of the Mobile Application by means of any mobile application catalog, storefront, or other means of downloading as an endorsement of the Mobile Application or Sponsor generally. In no event shall any third party platform or service provider have any obligation to you whatsoever to furnish any maintenance and support services with respect to the Mobile Application.
- Warranty Disclaimer
- While Sponsor uses reasonable efforts to ensure that the Information accessible via the Mobile Application is accurate and up to date, the Information may contain technical inaccuracies or typographical errors and your use of the Mobile Application shall be at your sole risk. Sponsor disclaims any and all responsibility or liability for the accuracy, completeness, reliability or availability of any Information accessible by use of the Mobile Application.
- THE MOBILE APPLICATION (INCLUDING MATERIAL AND INFORMATION ACCESSIBLE THEREWITH) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SPONSOR DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE MOBILE APPLICATION. SPONSOR DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MOBILE APPLICATION IS FREE OF VIRUSES, ERRORS, OTHER HARMFUL COMPONENTS, OR WILL BE UNINTERRUPTED.
- NONE OF SPONSOR, ITS AFFILIATES, OR ANY ASSOCIATED MOBILE DEVICE PLATFORM OR SERVICE PROVIDERS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THE MOBILE APPLICATION, OR (2) THE NATURE, CONTENT OR ACCURACY (EITHER WHEN ACCESSED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY INFORMATION CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THE MOBILE APPLICATION.
- NO ADVICE OR INFORMATION PROVIDED BY SPONSOR, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES AND AGENTS SHALL CREATE ANY WARRANTY.
- SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION AND THAT MAY NOT BE LIMITED BY THESE TERMS, PROVIDED HOWEVER YOU AGREE AND ACKNOWLEDGE THAT TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU WAIVE ANY SUCH STATUTORY RIGHTS WITH RESPECT TO IMPLIED WARRANTIES.
- Neither Sponsor, nor any of the associated Mobile Device platform or service providers warrants that the Mobile Application will be compatible or interoperable with your Mobile Device or any other piece of hardware, software, equipment or device installed on or used in connection with your Mobile Device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your Mobile Device to diminish or fail completely, and may result in permanent damage to your Mobile Device, loss of the data located on your Mobile Device, and corruption of the software and files located on your Mobile Device. You acknowledge and agree that Sponsor and its affiliates, partners, suppliers, licensors, and associated mobile device platform and service providers shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
- Limitation of Liability
- IN NO EVENT SHALL SPONSOR OR ANY OF ITS ASSOCIATED MOBILE DEVICE PLATFORM AND SERVICE PROVIDERS BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER'S USE, MISUSE OR RELIANCE ON THE MOBILE APPLICATION OR INFORMATION FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF SPONSOR OR ANY OF ITS ASSOCIATED MOBILE DEVICE PLATFORM AND SERVICE PROVIDERS ARE AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH (1) THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE MOBILE APPLICATION, OR (2) RELIANCE UPON ANY INFORMATION CONTAINED IN OR ACCESSED FROM ANY MOBILE APPLICATION. NEITHER SPONSOR, NOR ANY OF ITS ASSOCIATED MOBILE DEVICE PLATFORM OR SERVICE PROVIDERS, ASSUMES ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION ACCESSIBLE FROM THE MOBILE APPLICATION.
- THE USER OF THE MOBILE APPLICATION ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THE MOBILE APPLICATION GENERALLY.
- THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, OR IF IT IS OTHERWISE DEEMED UNENFORCEABLE, AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSIONS AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
- SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Sponsor prohibits linking to Mobile Application without express permission. We reserve the right to disable any unauthorized links or frames. If you desire to provide a hyperlink from your website to the Mobile Application or any related website, you must contact Sponsor to discuss mutually agreeable terms for such hyperlink.
- Remedies Available to Us.
We reserve the right to seek any and all remedies available at law or in equity in connection with your violation of these Terms.
- You are responsible for compliance with applicable laws, regulations and ordinances related to your use of the Mobile Application. Your compliance with applicable laws is not limited to jurisdictions within the United States (including US Federal law) but also the laws, regulations and ordinances of any jurisdiction from which you access the Mobile Application.
- These Terms will be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to its conflict of laws provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction in Parsippany, New Jersey.
- Any waiver of any provision of these Terms will be effective only if in writing and signed by you and Sponsor. Our failure to enforce our rights and remedies available to us with respect your breach of these Terms shall not constitute a waiver of such breach nor of any prior, concurrent, or subsequent breach of the same or any other provision of these Terms.
- You agree to indemnify, save and hold iHealth Ventures LLC ('iHVLLC'), its officers, directors and employees harmless for any claims, damages, liabilities, costs, losses and expense for any acts of negligence, misrepresentation or willful misconduct, which may arise from the use of the app. In no event will iHealth Ventures LLC ('iHVLLC') be liable to you for any indirect, consequential, exemplary, incidental or punitive damages.
- App Recall / Software retirement plan
App can be deactivated or retired by removing the app from the AppStore. A notification is sent to user on the device when app is removed.
- Developer Name and Address
2001 Route 46, Waterview Plaza, Suite 310,
Parsippany, NJ 07054