Welcome to Aloe Care Health, Inc. (“Aloe”). These Terms of Service (“Terms”) and our Privacy Policy located at https://get.aloecare.com/privacy/ (“Privacy Policy”) govern your use of Aloe’s web-based dashboard applications and software for Aloe partners or dealers (“Dashboard”), so please read them carefully.
The Dashboard may provide you with one or more features or services in connection with accessing summary information about the use of Aloe’s hardware and subscription services by your relevant user or customer base. The Dashboard may allow you to view information related to Aloe subscribers’ surrounding environment (e.g room temperature and air quality), frequency and duration of motion or physical activities, recent two-way calls, and other similar information collected through Aloe’s sensors, devices, and applications. The Dashboard and the features and services provided through the Dashboard are collectively called the “Services” throughout these Terms.
Agreement to Terms. By clicking on the [I accept] button for these Terms, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.
Privacy Policy. Our Privacy Policy describes how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.
Changes to Terms or Services. We may update the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by notifying you through the Dashboard or other communications. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Who May Use the Services?
Eligibility. You may use the Services only if you are authorized by Aloe and your employer.
Registration and Your Information. In order to use the Services, you’ll need an account (“Account”). If you don’t already have an account with us, you can set up an Account through the Dashboard. You agree to keep your Account information accurate, complete and up-to-date at all times. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
Feedback. We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Content Ownership, Responsibility and Removal.
Definitions. For purposes of these Terms: (i) “Content” means data, text, images, audio, video, information or other materials that are generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you) upload or make available through the Services. Content includes without limitation User Content.
Ownership. Aloe does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Aloe and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries.
Rights in User Content Granted by You. By making any User Content available through the Services you hereby grant to Aloe a non-exclusive, transferable, worldwide, royalty-free license, with the right to use, copy, modify, create derivative works based upon, and distribute your User Content in connection with operating and providing the Services.
Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Aloe on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
General Prohibitions. You agree not to do any of the following:
make changes to the Dashboard, repair the Dashboard or otherwise modify the Dashboard without Aloe’s express written consent;
reverse engineer, rent, lease, loan, resell, make drawings of, copy, replicate, distribute, modify or recreate the Dashboard (or any components thereof), the procedures associated with use of the Dashboard, or the software associated with use of the Dashboard (or any components thereof);
attempt to interfere with or disrupt the Services or attempt to gain access to any systems or networks that connect thereto (except as required to access and use the Services);
allow access to or use of the Services by anyone other than authorized personnel;
permit any third party to do any of the foregoing.
Links to Third Party Websites or Resources. The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
Termination. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at [email address]. Upon any termination, discontinuation or cancellation of the Services or your Account, the following Sections will survive: 6(a), 6(b), 6(c), 10, 13, 14, 15, and 16.
Warranty Disclaimers. THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
Not a Healthcare Provider. The parties agree that Aloe is not a health care provider and its participation in the provision of the Dashboard and Services is not the practice of medicine or medical advice and does not create a provider-patient relationship. You understand and acknowledge that the Services are tools offered for your informational purposes only, and that you are responsible for using your professional judgment to evaluate and confirm the information you obtain. Aloe does not provide medical advice and does not make diagnostic, treatment, or other clinical decisions or judgments. The Services are not a substitute for the competent analysis and professional judgment of health care professionals. ALOE DOES NOT WARRANT OR GUARANTEE THAT THE INFORMATION OR ANY RESULTS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELEVANT, OR UP TO DATE. YOU, AND NOT ALOE, ARE SOLELY RESPONSIBLE FOR VERIFYING THE ACCURACY OF ALL INFORMATION, AND FOR COMPLYING WITH ALL LAWS AND REGULATIONS.
Indemnity. You will indemnify and hold harmless Aloe and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.
Limitation of Liability.
NEITHER ALOE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ALOE OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL ALOE’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO ALOE FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO ALOE, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ALOE AND YOU.
Governing Law and Forum Choice. EACH PARTY HEREBY IRREVOCABLY AGREES THAT ANY SUIT, ACTION OR OTHER LEGAL PROCEEDING (“SUIT”) ARISING OUT OF OR FROM, IN CONNECTION WITH OR AS A RESULT OF THESE TERMS SHALL BE BROUGHT EXCLUSIVELY IN THE COMPETENT COURTS IN THE STATE OF NEW YORK. EACH PARTY CONSENTS TO THE EXCLUSIVE JURISDICTION AND VENUE OF EACH SUCH COURT IN ANY SUCH SUIT AND WAIVES ANY OBJECTION THAT IT MAY HAVE TO JURISDICTION OR VENUE OF ANY SUCH SUIT. YOU KNOWINGLY WAIVE YOUR RIGHT TO BRING ANY SUIT IN FEDERAL COURT. EACH PARTY HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY SUIT, ACTION OR OTHER LEGAL PROCEEDING BROUGHT BY EITHER PARTY.
Dispute Resolution. If a dispute arises out of or relates to the Terms or the breach thereof and cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Rules before resorting to arbitration, litigation, or some other dispute resolution procedure.
General Terms.
Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Aloe and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Aloe and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Aloe’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Aloe may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices. Any notices or other communications provided by Aloe under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Waiver of Rights. Aloe’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Aloe. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Contact Information. If you have any questions about these Terms or the Services, please contact Aloe at info@getaloecare.com