Last modified: August 9, 2017
This policy describes:
This policy applies to information we collect on this Site or any other Services, including email, text, or other electronic communications.
This policy DOES NOT apply to information that:
In order to provide the Services, we require information from you. Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it.
If you do not agree with our policies and practices, do not download, register with, or use any of our Services.
Children Under the Age of 13
The Services are not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at firstname.lastname@example.org.
Information We Collect and How We Collect It
We collect information from and about users of our Services:
Information You Provide to Us.
When you download, register with, or use our Services, we may ask you to provide information:
This information includes:
Automatic Information Collection and Tracking.
When you download, access, and use any of our Services, they may use technology to automatically collect:
If you do not want us to collect this information do not use our Services. Although you may opt-out of some of our data collection practices by disabling access in your phone or browser’s settings, doing so will limit our Services’ efficacy.
Information Collection and Tracking Technologies. The technologies we use for automatic information collection may include:
Third-Party Information Collection
When you use the Services or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties include:
These third parties may use tracking technologies to collect information about you when you use this our Services. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online and mobile activities over time and across different websites, apps, and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about their privacy practices, you should contact the responsible provider directly.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any Personal Information, to:
The usage information we collect helps us to improve our Services and to deliver a better and more personalized experience by enabling us to:
We may also use your information to contact you about goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data (e.g., our registration form) or adjust your user preferences in on our Site. You can also e-mail us to request this at email@example.com.
Disclosure of Your Information
We may disclose aggregated, anonymized information about our users and information that does not identify any individual or device, without restriction.
In addition, we may disclose Personal Information that we collect or you provide:
Your Choices About Our Collection, Use, and Disclosure of Your Information
We strive to provide you with choices regarding the Personal Information you provide to us. This section describes available mechanism to control certain uses and disclosures of over your information.
As stated, we do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (”NAI”) on the NAI’s website.
Accessing and Correcting Your Personal Information
You can review and change your Personal Information by logging into the Services and visiting your account profile page.
You may also send us an email at firstname.lastname@example.org to request access to, correct, or delete any Personal Information that you have provided to us. We cannot delete your Personal Information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
We have implemented point-to-point encryption and other security measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted through our Services. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.
email@example.com or via postal mail at Stabilify Inc, C/O Privacy Administrator, 3415 S Sepulveda Blvd Ste 1173 Los Angeles, CA 90034Close
Last Modified: August 8, 2017
These terms and conditions of use (this “Agreement” or “Terms”) contain the complete terms and conditions applicable to your (“you” or “your”) access to and use of the services and features available on Stabilify, Inc’s (“Company”, “we”, “us” or “our”) website and domains, including at www.stabilifysoftware.com and all of its webpages, subdomains, country level domain variants and subparts of those websites (collectively, our “Site”) as well as any software that we provide to you that allows you to access either our Site (collectively, the “Services”), and any information, text, graphics, photos or other materials posted or submitted on or through our Services (“Content”). YOUR USE OF OUR SERVICES CONSTITUTES ACCEPTANCE AND ACKNOWLEDGMENT OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
HEALTH AND MEDICAL SERVICE DISCLAIMER. WE DO NOT PROVIDE PROFESSIONAL MEDICAL SERVICES OR ADVICE. OUR SERVICES DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION. NO DOCTOR-PATIENT RELATIONSHIP IS CREATED. USE OF THE SERVICES IS NOT FOR MEDICAL EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911.
ARBITRATION AGREEMENT & WAIVER OF JURY TRIALS AND CLASS ACTIONS. This Agreement contains a dispute resolution and arbitration provision, including class action waiver and waiver of jury trials, which affects your rights under these Terms and with respect to any dispute you may have with the Company.
NO WARRANTY. YOUR USE OF AND RELIANCE ON THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY SERVICES, INFORMATION, OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
CHANGES. Company may change, update, or add or remove provisions of these Terms at any time by posting the updated Terms on the Service or Site, by posting a notice on the Site, via email, or text message. By using the Services after we have updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Services.
RESTRICTIONS. Our Services are offered and available to users who are at least 18 years of age and reside in the United States or any of its territories or possessions and are capable of entering into a legally binding contract. By using our Services, you represent and warrant that you are of legal age and can form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
NO DOCTOR PATIENT RELATIONSHIP. Any and all services provided by, in and/or through the Services are for informational purposes only. Company is not a medical professional, and Company does not provide medical services, or render medical advice. Nothing contained in the Services should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment, and the information made available on or through the Services should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition. YOUR USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND COMPANY OR ITS EMPLOYEES OR AFFILIATES.
Accessing the Services and Account Security
We reserve the right to withdraw or amend our Services, and any service or material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.
You are responsible for:
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to our Services or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
Subscription, Termination, and Modification.
Free Access Subscription. Company may but is not obligated to provide you with our Services for free or on a trial basis (a “Free Access Subscription”) or as “alpha”, “beta” or other early-stage Services. As with the Services generally, you recognize that COMPANY PROVIDES THE FREE ACCESS SUBSCRIPTION ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY, SUPPORT, MAINTENANCE, STORAGE, OR INDEMNITY OBLIGATIONS OF ANY KIND. We maintain the right in our sole discretion to modify the Free Access Subscription at any time and without notice.
Subscription Plan. In addition to the Free Access Subscription, Company offers additional data and insight for a subscription fee (“Premium Account”). See pricing information on Site. Upon selection and purchase, access to the Services will be provided in accordance with the terms of the specific Premium Account that you’ve selected.
Term. This Agreement will commence when you click “I accept,” “I agree,” or use the Services and shall continue for the Free Access Subscription, if applicable. If not applicable or if the Free Access Subscription period has expired, this Agreement shall renew on the date of purchase (the “Start Date”) of the Premium Account plan, if any, that you select to purchase to use our Services. This Agreement shall continue from the Start Date through the initial term specified by the Premium Account plan (the “Initial Term”). At the end of the Initial Term, this Agreement will automatically renew on the day following the last day of the Initial Term (“First Renewal Date”) and will automatically renew thereafter on the first day of each renewal period (“Renewal Period”) as specified by the Premium Account you purchased, unless either party provides to the other electronic notice of termination in accordance with the terms of this Agreement. The Free Access Subscription, Initial Term specified by the Start Date and the First Renewal Date of the Subscription Plan, and each subsequent renewal term specified by the First Renewal Date and the Renewal Period of the Subscription Plan are collectively the “Term.”
Termination. You are solely responsible for properly canceling your account. You may terminate your Premium Account Plan at any time. Similarly, the Company may cancel your account at its sole discretion and without notice. We are not responsible for any data lost if either party cancels your subscription or account, and we are not obligated to delete whatever data we have stored, saved, or maintained on our servers.
Refunds and Fees. We offer no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
Modifications to the Service and Prices. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Services (or any part thereof) with or without notice. Prices of the Services, including but not limited to monthly Premium Account fees, are subject to change upon thirty-day (30) notice from us. Such notice may be provided at any time by posting the changes to our Site, or notification via email. Company shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Services.
Intellectual Property Rights
The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, attempt to reverse engineer, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:
You must not:
You must not access or use for any commercial purposes any part of the Services or any services or materials available through the Services.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of this Agreement, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to our Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
The Company name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on our Services are the trademarks of their respective owners.
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
Additionally, you agree not to:
Changes to the Services
We may update the content or code on our Services from time to time, but its content and code are not necessarily complete or up-to-date.
Information About You and Your Visits to the Services
The Company is based in the state of California in the United States. We provide our Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate 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 from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or that the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, PHONE, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH COMPANY OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE, APP, OR THE SERVER THAT MAKES OUR SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH COMPANY WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services.
Governing Law and Jurisdiction
All matters relating to the Services and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City of Los Angeles and County of Los Angeles although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration Provision; Waiver of Class Action & Jury Trial
Arbitration Agreement. At Company’s sole discretion, it may require you to submit any disputes arising from the use of these Terms or the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under the Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THE ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver of by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Your Comments and Concerns
All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: firstname.lastname@example.org and you may also contact us via postal mail at Stabilify Inc, 3415 S Sepulveda Blvd Ste 1173 Los Angeles, CA 90034.