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SEIZURE TRACKER USER AGREEMENT
Section 1: Introduction
- 1.1 Effective Date:
- This Agreement was updated on August 18, 2019.
- 1.2 Our Mission:
- Seizure Tracker (also called "ST") provides a set of services to help with collection of patient-reported data about seizures. Our goal in stewarding this dataset is to enhance the patient interface and the tools available to patients and their health care providers and families. All Seizure Tracker services and tools are built with the following guiding principles: 1) ST puts the patient and the patient's family's interests as its highest priority. 2) All ST data collection tools focus on improving the patient's communication with health care providers, with the goal of improving clinical outcomes. 3) Any research performed using ST data, and any resulting tools or clinical practices, should focus on improving the patient's communication with health care providers, with the goal of improving disease management and clinical outcomes. 4) Patient privacy is a primary concern of all clinical and research use of ST Member data.
- 1.3 Contract
- 1.4 Services, Parties
- This contract applies to all Members and Visitors.
- This User Agreement applies to the Seizure Tracker websites, as well as any apps, communications, plugins, data collection, and any other services that state that they are offered under this User Agreement ("Services") by Seizure Tracker. Registered users of our Services are our "Members", while unregistered users are "Visitors" and this User Agreement applies to both Members and Visitors (collectively or individually, "you"). You are entering into this Contract with Seizure Tracker LLC (also referred to as "Seizure Tracker," "ST," "we," or "us"), a Virginia limited liability company, in the United States. When you register for an account on the Seizure Tracker website, you become a "Member." If you download the app and choose not to register for an account, or you visit the site and do not create an account registration, you may still access certain features of the Seizure Tracker Services as a "Visitor." All Members, Visitors, and ST are "Parties" and each, a "Party," to this Contract.
- 1.5 Amendments
- If we make significant changes, we will provide our Members with notice through the Services or other means to provide the opportunity to review the changes. If you object to any changes, you may close your account at any time. Your continued use of our Services after ST publishes any changes to the ST site or sends out a notice about the changes will be considered consent to the updated agreements and to all the individual terms.
Section 2: Commitments
- You make the following promises to us in this Contract:
- 2.1 Age
- You are eligible to enter into this Contract, and you are at least the Minimum Age, as defined below. The Services are not for use by anyone under the age of 18 years old.
- We may restrict you from using the Services at any time, for any reason. "Minimum Age" shall mean 18 years old. However, if the law requires that you be older in order for ST to lawfully provide the Services to you without parental consent, including use of your personal data, then the Minimum Age is that older age. The law may vary by country or state, and you are responsible for knowing and following the law in your jurisdiction. In the United States, the Children's Online Privacy Protection Act (COPPA) as amended governs the personal information of children online, and ST will never collect personal information from anyone under the age of 18 through its Services, though a parent or guardian may create an account to track data of their minor child, but only if they have the authority to enter into this Contract and to give all permissions and consents required in this Contract on behalf of the child and if they make all other representations, agreements, and consents described in this Contract. If you live in the EU, you may not be eligible to enter into this Contract, and if you do not consent to enter into this Contract, you may not use the Services. Your continued use of our Services shall indicate your consent to this Contract and your eligibility to agree to its terms.
- 2.2 Confidentiality of your Account; Law
- You agree to keep your password a secret.
- You agree to try to choose a strong password, keep it secure and confidential, and not to transfer your account or any part of it to anyone else. You are responsible for anything that happens through your account unless you close it or report misuse to us.
- You agree to follow our rules and the law.
- 2.3 Notices and Messages
- You agree to ST providing notices to you through our websites, apps, and any Service using the contact information you provided to us.
- If the contact information you provide is out of date, you may miss out on important notices.
You agree that we will provide notices to you in the following ways: 1. A notice within the Service, or 2. A message sent to the contact information you provided to us, if any, including email address, physical address, telephone number, mobile number, or anything of that nature. You agree to keep your contact information up to date in your account, if you provide us with contact information.
You agree to provide notices to us in the following ways: By email at support@SeizureTracker.com or using the address: P.O. Box 8005, Springfield, VA 22151
- 2.4 Sharing Data
- When you create an account and record information on our Services, ST has access to that data, and may allow sharing of data in several ways.
- You may share that data with a health care provider, you may keep records of that data or track it over time using one of our tools, information that you create and share may be seen by the people and organizations with whom you share it, and it may be shared in a research context. Where we have made settings available, we will honor the choices you make about who can see content or information that you share. We are not obligated to publish any information, data, or content on our Service and can remove it in our sole discretion, without notice to anyone.
- ST shares some data with medical researchers, but will always do so anonymously. You can opt out of sharing your data this way. However, because of the anonymity, it is impossible for such data to be retrieved and deleted after the fact.
- In response to a groundswell of interest from our users in using ST data to promote and facilitate medical research to improve clinical outcomes, ST is sharing some limited data with medical researchers under carefully managed conditions. All sharing of data for research purposes is done only in an anonymous, de-identified way, using third party systems to de-identify and un-link the datasets shared with researchers from any personally identifying information, including the account information, of the users. A given user can opt out of sharing data for a particular research request or for all future research requests. See opt-out instructions by following this link: Research Opt-out. However, those choices are only available for future datasets, those created and sent after such an opt-out request is made, and cannot be applied after the fact. Once data is fully anonymized and sent to researchers, it is impossible for ST to link a given piece of data to a particular user, and so it is not possible to go back and take a particular user's data out of an anonymized dataset, once created.
Section 3: Rights and Limitations
- 3.1 Your License to the Data
- You own all of the content, data, health information, and reports that you provide to ST, but you also grant ST a non-exclusive license to it. You promise to only provide information and content that you have the right to share, and that your information will be truthful.
- As between you and ST, you own the content, data, and information that you submit, send, save, or post to the Services, and you are only granting ST the following non-exclusive license: A worldwide, perpetual, irrevocable, transferable, royalty-free, and fully sublicensable right and license to use, copy, print, modify, distribute, publish, transmit, process, and create derivative works from, all media, content, data, and information that you provide through our Services, without any further consent, notice, and/or compensation to you or others. You also certify that any person pictured in any submitted media (or, if a minor, his/her parent or legal guardian) authorizes ST to use, copy, print, modify, distribute, publish, transmit, process, and create derivative works from such media and any material included in such media. These rights are limited in the following ways:
You can end this license for specific content by deleting such content or access to any content from the Services, or more broadly by closing your account, except 1. To the extent you shared it with others (such as health care providers) as part of the Service, and they copied, re-shared it, or stored it, and 2. For the reasonable time it takes to remove that data from backup and other systems, and 3. To the extent that anonymized, de-identified and de-linked versions of data from your records have been shared in previous datasets with researchers and cannot be re-linked to your account and removed after you have opted out from all or some future research activities by following the opt-out process or by deleting the content or your account, and 4. We may edit, process, or make formatting changes to your content, sort it into subsets of the data for various functions of the Services, and modify the formatting and context of the data, both graphically and in text form.
- 3.2 Availability of the Services
- We may change, suspend, or end any Service, or change and modify any apps or tools at our discretion at any time. To the extent allowed by law, these changes may not be effective until notice is provided to you. We have the right to limit your use of the Services.
- 3.3 Intellectual Property
- Seizure Tracker reserves all of our intellectual property rights in the Services.
- Using the Services does not give you any ownership of our Services or the content, data, or information made available to or through our Services. Trademarks, service marks, and logos used in any connection with the Services shall remain the trademarks, service marks, and logos of their respective owners, including any belonging to ST or its partners, affiliates, licensees, or contractors.
You agree that you will not develop, support, or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology or manual work) to scrape the Services or otherwise copy user information, content, or data from the Services, or to access other users' content, data, or information without their consent. You also agree you will not bypass or circumvent any access controls or Service use limitations or privacy protections, or copy, use, disclose, or distribute any data, content, or information obtained from the Services that does not belong to you, whether directly or through third parties, without the consent of the owner of the data, content, or information. You agree not to use, disclose, or distribute any data, content, or information obtained in violation of this policy, and you agree not to disclose information you do not have the consent to disclose or to violate the intellectual property or privacy rights of others.
- You declare that you have all the rights and permissions you need to use the Services.
- You agree that you will only post, upload, or submit content, data, or information that you own or have all rights to use, transmit, and license, and you agree to only post or upload media (e.g. photos, videos, or audio) on the ST Services that you have taken yourself, that you own, or that you have all rights to use, transmit, and license and which does not violate trademark, copyright, privacy, or any other rights of any other person. To protect your privacy and that of others, you agree that you will not post, upload, or submit any media that contains personally identifiable information (e.g. name, phone number, email address or website URL) of you or anyone else, and in particular, uploading images or video of other people without their permission is strictly prohibited.
Section 4: Disclaimer and Limitation of Liability
- 4.1 No Warranty
- This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.
- Do not make changes in your treatment, including medication or lifestyle, as a result of any information you receive through our Services, and be sure to consult with your physician or licensed health care provider before changing any medical treatment.
- TO THE EXTENT PERMITTED BY LAW, SEIZURE TRACKER AND ANY AFFILIATE OR OTHER ENTITY IT WORKS WITH TO PROVIDE THE SERVICES HEREBY (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICES (INCLUDING ALL CONTENT, DATA, AND INFORMATION) ON AN "AS IS" AND "AS AVAILABLE BASIS. WITHOUT LIMITING THE FOREGOING, ST HEREBY DISCLAIMS ANY WARRANTY THAT IT CONFORMS TO, OR SATISFIES, THE REQUIREMENTS OF THE SARBANES-OXLEY ACT OF 2002 (AS AMENDED), THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) (AS AMENDED), THE GRAMM-LEACH-BLILEY ACT (AS AMENDED) OR OTHER LAWS, RULES AND REGULATIONS. ST IS NOT A "COVERED ENTITY" AS THAT TERM MAY BE DEFINED UNDER HIPAA, AND IS NOT SUBJECT TO HIPAA REQUIREMENTS THAT APPLY TO COVERED ENTITIES. ST MAKES NO REPRESENTATION OR WARRANTY THAT IT COMPLIES WITH THE GENERAL DATA PROTECTION REGULATION (GDPR) OF THE EU, AND ST HAS NO EU PRESENCE.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
- 4.2 Exclusion of Liability
- These are the limits of legal liability we may have to you.
- TO THE EXTENT PERMITTED BY LAW (AND UNLESS SEIZURE TRACKER HAS ENTERED IN TO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), SEIZURE TRACKER AND ITS AFFILIATES OR PARTNERS (AND ANY ENTITY THAT ST WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS, OR REVENUES, RELATED TO THE SERVICES (E.G. DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION, DATA, OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF SEIZURE TRACKER AND ITS AFFILIATES OR PARTNERS (AND ANY ENTITY THAT ST WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT FEE THAT YOU PAID FOR A SERVICE, IF ANY, OR (B) $50.00 US DOLLARS.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND SEIZURE TRACKER AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF ST OR ANY AFFILIATE OF ST HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
Section 5: Termination
- We can each end this Contract at any time.
- Both you and Seizure Tracker may terminate this User Agreement at any time by giving notice to the other party. Upon termination, you lose the right to access or use the Services. The following portions of this Contract survive termination: 1. Our rights to use and disclose your feedback, if any, and 2. To the extent your data is copied or shared by you prior to termination, the rights of the person or entity with whom you shared it to further re-share and use content, data, and information you shared through the Service, and 3. To the extent your data is shared for research before you opted out or this Contract was terminated, the rights to use, share, or re-share data which is anonymized and stripped of identifying information which can be traced back to you, and 4. Sections 4, 6, and 7 of this Contract, and 5. Any amounts owed by either party prior to termination remain owing after termination.
Section 6: Disputes and Law; Indemnity
- 6.1 Disputes and Law
- If we end up in a legal dispute, you and ST agree to resolve it using Virginia courts and using Virginia law.
- Whether or not you live inside the United States, you and ST agree that the laws of the Commonwealth of Virginia, United States, excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. All Parties agree that all claims and disputes can only be litigated in the federal or state courts of the Northern District of Virginia, United States, and each Party agrees to personal jurisdiction in those courts.
No law other than the laws of the Commonwealth of Virginia, United States, shall apply to this Contract and/or the Services. In particular, ST makes no claims that the Services are appropriate or may be downloaded outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Furthermore, ST does not collect, store, process, or destroy any personal data for any EU resident and this Contract is not subject to the GDPR of the European Union or any other privacy laws or intellectual property laws that may exist outside the United States and which may purport to govern this Contract.
- 6.2 Indemnity
- You agree to indemnify ST from any claims arising from your acts.
- You agree to defend, indemnify, and hold ST and its affiliates, partners, agents, officers, directors, employees, members, representatives, contractors, subcontractors, licensees, sublicensees, and suppliers harmless from and against any claims, actions, or demands, liabilities, and settlements including without limitation, reasonable attorney and accounting fees, resulting from or alleged to result from: (1) your use of the Services, (2) any content, data, or information you post, upload, or submit to ST or through the Services, (3) your use of or reliance on any of the Services, or (4) your violation of this User Agreement.
Section 7: General Terms
- These are some important details about how to understand this Contract.
If we do not act to enforce a right under this Contract or a breach of this Contract, that does not mean that ST has waived its rights or any right to enforce the Contract. You may not assign or transfer this Contract or your account, membership, or use of the Services to anyone else, without the consent of ST. However, you agree that ST may assign this Contract to any affiliate of ST or to anyone who buys ST, without your consent. There are no third party beneficiaries to this Contract.
You agree not to post anything that contains software viruses, worms, or any other harmful code. You agree not to reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for the Services or any related technology that is not already open source. You agree not to rent, lease, sell, loan, trade, or resell access to the Services or related data, to sponsor or otherwise monetize any Service without ST's consent; you agree not to remove any copyright, trademark, service mark, or other proprietary rights notices contained in the Services, and you agree not to access the Services other than through the interfaces expressly provided by ST through its website or app, or to avoid agreeing to this User Agreement. You also agree not to interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, etc.) and acknowledge that you will be responsible in your use of the Services.