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Terms of Service (EULA)

GOGO Band Service Terms of Use

GOGO Band, Inc.

Last updated: July 12, 2019

 

This Terms of Use (“Agreement”) shall govern Customer’s (“you” or “your”) initial purchase on the Effective Date as well as any future purchases made by Customer which reference this Agreement.  GOGO Band provides the software application on its devices and software applications (“Products”) and the accompanying services (together with “Products,” the “Services”) on a subscription basis (each, a “Subscription”).  The term of each Subscription is designated in months (each, a “Subscription Term”). As part of each Subscription, GOGO Band provides the support services described at www.mygogoband.com/SLA.  By using the Products, you agree to be bound by the terms set forth herein.

  1. The Services. The Services, which are designed to aid one in dealing with their enuresis symptoms, may include hardware to upload personal health vital data from your medical devices to smart clients (hardware), mobile applications to be installed on your smart clients to receive your personal health vital data from your medical devices (mobile app(s)), web applications allowing you to access with registered user name and password (web app(s)), and other services offered by GOGO Band (other services). You may choose to use part or all Services.  You may use the hardware only after you have purchased the Hardware or received it from a healthcare provider, insurance company or other entity (Provider), and you may use the mobile app(s) only after you have downloaded the mobile app(s) through the Apple iTunes, Google Play Store or other source. You must also read and accept these GOGO Band Terms of Sale (“Terms of Sale”) before using the hardware or accessing the Service in connection with your use of the hardware, whether the hardware is purchased from GOGO Band or received from a third-party Provider, such as a health-care provider, insurance company or other entity.

GOGO Band reserves the right, in its sole discretion, to modify or replace all or any part of the Agreement (including, without limitation, pricing and payment terms set forth in Fees and Payment), or change, suspend, or discontinue all or any part of the Services at any time by posting a notice or by sending you an email.  It is your responsibility to check the Agreement periodically for changes.  Your continued use of the Services following the posting of any changes to the Agreement constitutes acceptance of those changes.

  1. Your Account. Any information you provide to GOGO Band shall be accurate, complete and updated. You are solely responsible for the activity that occurs on your account or password and for maintaining the security of the mobile application and web application and any information you input to the mobile application and web application.  You shall not use or access another users account without such other users express permission.  You will immediately notify GOGO Band in writing of any unauthorized use of your account, or any other account-related security breach of which you are aware.
  2. Use of Personal Information. If you create, transmit, submit, display or otherwise make available information (including, without limitation, information you have made available automatically through connection of the hardware to the mobile application(s)) while using the Services, you may provide only information that you own or have the right to use. When you provide access to any such information through the Services, you give GOGO Band a license to fully use and exploit that information in connection with providing you the Services.  However, in terms of Personal Information (as defined in the Privacy Policy), GOGO Band may only use the information you provide as permitted by the GOGO Band Privacy Policy, and applicable law.  Please closely review our Privacy Policy for more information regarding how we use and disclose your personal information.
  3. No Medical Advice. GOGO Band does not offer medical advice or diagnoses, or engage in the practice of medicine. Our Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment and are offered for informational purposes only.  Always seek the advice of your physician or other qualified health provider with any questions regarding your medical condition or the use (or frequency) of any medication or medical device.  Never disregard professional medical advice or delay in seeking it because of something you have read in connection with our Services.  You are solely responsible for any decisions or actions you take based on the information and materials available through the Services. Reliance on any information provided by GOGO Band or in connection with the Services is solely at your own decision and risk.
  4. Third Party Sites and Services. GOGO Band may provide links to, or contact information for, third party sites or services. GOGO Band is not responsible for, and does not endorse, any third-party content, sites, or services including, without limitation, any health care providers, products, tests, procedures, services, opinions, or web sites accessed or mentioned on the Services.  GOGO Band also may enter into business arrangements with third-parties, which will allow you to share your personal data with them.  Whether to share your personal data with these third-parties will be up to you.  By properly following instructions provided to you by GOGO Band and these third-parties, you will be able to decide whether you want to share personal data with these third-parties. Sharing of your personal data with third-parties is solely at your own decision and risk.
  5. Grant of License. Subject to all of the terms and conditions of this Agreement, during the Subscription Term, GOGO Band grants to Customer a non-transferable, non-sublicensable, non-exclusive, limited license to install the Products specified in an Order Form on the hardware provided by GOGO Band, and to use the Products and Services for Customer’s personal use, but only in accordance with (i) the Documentation, (ii) this Agreement, and (iii) the Subscription Term.

You understand and agree that GOGO Band shall have the right to use, in any manner and for any purpose, any information, including customer feedback and health information, gained as a result of the use of the Services, consistent with GOGO Band’s Privacy Policy, located at https://mygogoband.com/shop/#privacy-policy. GOGO Band shall have the right to use, at its sole discretion, any and all such information for GOGO Band’s business purposes, including but not limited to using such information for Product and Service improvements, data modeling, and updates to underlying computer programs and software.  You further agree that any feedback, suggestions, ideas or other information provided to GOGO Band as part of my use of the Services (“Feedback”) will become the exclusive and sole property of GOGO Band and that you will not be compensated in any way for providing Feedback, and will not retain any rights to Feedback. You hereby assign any interest you may have in and to any such Feedback.

  1. Rules of Conduct. As a condition of use, you promise not to use the Services for any purpose that is prohibited by this Agreement or other rules or policies implemented by GOGO Band from time to time. The Services are provided only for your own personal, non-commercial use. You shall not (and shall not permit any third party to) take any action that: (i) would constitute a violation of any applicable law, rule or regulation; (ii) infringes on any intellectual property or other right of any other person or entity; (iii) is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; or (iv) impersonates any person or entity; (v) impose or may impose an unreasonable or disproportionately large load on GOGO Band’s (or its third party providers) infrastructure; (vi) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (vii) bypass any measures GOGO Band may use to prevent or restrict access to the Services (or parts thereof); (viii) decipher, decompile, disassemble, translate, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services; (ix) modify, translate, or otherwise create derivative works of any part of the Services; or (x) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder.
  2. Subscription Term and Renewals. The length of the Subscription Term shall be set forth in the Order. The rates for any Subscription Term renewals shall be GOGO Band’s then-current Subscription rates posted at www.mygogoband.com.
  3. Payment Terms. All fees are as set forth on the Site and shall be paid by Customer. All payments are non-refundable.  If payment of any fee is overdue, GOGO Band may suspend provision of the Products and/or Support until such delinquency is corrected.
  4. Support. GOGO Band offers email-based and online support tools. You may access support resources or contact our support by visiting https://www.mygogoband.com. GOGO Band does not make any promises regarding how quickly we will respond to your request for support, or that we will be able to fix any problems you may be having.  Any suggestions by GOGO Band regarding use of the Services shall not be construed as a warranty.
  5. Warranty Disclaimer. THE PRODUCTS, SERVICES, AND SUPPORT ARE PROVIDED “AS IS.” GOGO BAND DOES NOT WARRANT THAT THE PRODUCTS, SERVICES, AND SUPPORT PROVIDED TO CUSTOMER UNDER THIS AGREEMENT WILL OPERATE UNINTERRUPTED, THAT THEY WILL BE FREE FROM DEFECTS, OR THAT THEY ARE DESIGNED TO MEET CUSTOMER’S REQUIREMENTS.  NEITHER GOGO BAND NOR ITS SUPPLIERS MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.  GOGO BAND AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS DO NOT WARRANT THAT: (A) THE PRODUCTS, SERVICES, OR SUPPORT WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS FOR A PERIOD OF 30 DAYS FROM THE CUSTOMER PURCHASE DATE WILL BE CORRECTED. IN THE EVENT OF A WARRANTY REPLACEMENT GOGO BAND RESERVES THE RIGHT TO PROVIDE NEW OR REFURBISHED EQUIPMENT TO FULFILL THIS WARRANTY COMMITMENT; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE PRODUCTS, SERVICES, OR SUPPORT WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE PRODUCTS, SERVICES, AND SUPPORT IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
  6. LIMITATION OF REMEDIES. GOGO BAND SHALL NOT BE LIABLE FOR ANY LOSS OF USE, LOST DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
  7. LIMITATION OF LIABILITY. GOGO BAND’S TOTAL AGGREGATE LIABILITY FOR CLAIMS ARISING HEREUNDER SHALL BE LIMITED TO PROVEN DIRECT DAMAGES CAUSED BY GOGO BAND IN AN AMOUNT NOT TO EXCEED THE AMOUNT PAID BY CUSTOMER TO GOGO BAND DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM GIVING RISE TO THE CLAUSE OF ACTION ARISES. The provisions of this Section allocate risks under this Agreement between Customer and GOGO Band.  GOGO Band’s fees for the Subscriptions reflect this allocation of risks and limitation of liability.
  8. Indemnification. You shall defend, indemnify, and hold harmless GOGO Band, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorney’s fees, that arise from or relate to (i) your use or misuse of, or access to, the Products, Services, or Support, or (ii) your violation of this Agreement or any applicable law, contract, policy, regulation or other obligation. GOGO Band reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with GOGO Band in connection therewith.
  9. Amendments; Waivers. No supplement, modification, or amendment of the terms of this Agreement shall be binding, unless executed in writing by a duly authorized representative of each party to this Agreement. No waiver will be implied from conduct or failure to enforce or exercise rights under this Agreement, nor will any waiver be effective unless in a writing signed by a duly authorized representative on behalf of the party claimed to have waived. No provision of any purchase order or other form employed or provided by Customer will supersede the terms and conditions of this Agreement, and any such document relating to this Agreement shall be for administrative purposes only and shall have no legal effect.
  10. Entire Agreement. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the Products, unless such terms and conditions are expressly stated as an amendment to this Agreement and duly signed on behalf of both parties.
  11. Force Majeure. Neither party shall be liable to the other for any delay or failure to perform any obligation under this Agreement (except for a failure to pay fees) if the delay or failure is due to events which are beyond the reasonable control of such party, including but not limited to any strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or of telecommunications or data networks or services, or refusal of approval of a license by a government agency.
  12. Assignment. Neither party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other party, which shall not be unreasonably withheld, and any such assignment in violation of this Section shall be void, except that the transfer of this Agreement or rights granted hereunder to a successor entity in the event of a merger, corporate reorganization, or acquisition shall not constitute an assignment for purposes of this Section. This Agreement shall inure to the benefit of and be binding upon the parties hereto, and their successors and permitted assigns.
  13. Arbitration. A PRINTED VERSION OF THE TERMS OF USE AND OF ANY NOTICE GIVEN IN ELECTRONIC FORM SHALL BE ADMISSIBLE IN JUDICIAL OR ADMINISTRATIVE PROCEEDINGS BASED UPON OR RELATING TO THE TERMS OF USE TO THE SAME EXTENT AND SUBJECT TO THE SAME CONDITIONS AS OTHER BUSINESS DOCUMENTS AND RECORDS ORIGINALLY GENERATED AND MAINTAINED IN PRINTED FORM. YOU AND GOGO BAND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. THE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF VIRGINIA, EXCLUDING ITS CONFLICTS OF LAW RULES. ANY DISPUTE, CONTROVERSY, DIFFERENCE OR CLAIM ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THIS AGREEMENT, OR THE BREACH, TERMINATION OR INVALIDITY THEREOF, SHALL BE FINALLY SETTLED BY ARBITRATION REFERRED TO THE AMERICAN ARBITRATION ASSOCIATION, IN ACCORDANCE WITH THE ASSOCIATIONS ARBITRATION RULES. THE PLACE OF ARBITRATION SHALL BE IN RICHMOND, VIRGINIA. THE LANGUAGE OF ARBITRATION SHALL BE ENGLISH. THE ARBITRAL AWARD SHALL BE FINAL AND BINDING UPON BOTH PARTIES.

YOU ALSO ACKNOWLEDGE AND UNDERSTAND THAT, WITH RESPECT TO ANY DISPUTE WITH GOGO BAND, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE OR THIS AGREEMENT:

YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY.

YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

  1. CHANGES IN THE TERMS OF USE. GOGO BAND MAY MODIFIES THIS AGREEMENT FROM TIME TO TIME. ANY AND ALL CHANGES TO THIS AGREEMENT WILL BE POSTED ON THE GOGO BAND SITE AND/OR E-MAILED TO YOU. IN ADDITION, THE AGREEMENT WILL ALWAYS INDICATE THE DATE IT WAS LAST REVISED. YOU ARE DEEMED TO ACCEPT AND AGREE TO BE BOUND BY ANY CHANGES TO THE AGREEMENT WHEN YOU USE THE SERVICE AFTER THOSE CHANGES ARE POSTED.