Welcome and thank you for visiting XRHealth!
- Our Services.
1.1 No Medical Diagnosis. Our Services are intended to provide you with a wide range of immersive applications, games and content enhancing the physical and cognitive wellbeing (which includes the use of any Hardware). The design and function of the Services and its contents, such as information, questions, text, graphics, images, audio and video files, user help files, user interface, layout and presentation, and data relating to your use of the Services, and other material contained in the Services (“Content”) are not intended to function as medical advice. Although certain Content has been prepared in consultation with healthcare professionals, the Content is not intended as medical diagnosis or treatment in lieu of consultation with a health care provider. PLEASE CONSULT YOUR HEALTH CARE PROVIDER REGARDING ANY SPECIFIC DIAGNOSIS, TREATMENT OR HEALTH QUESTIONS. IF YOU ARE EXPERIENCING AN URGENT MEDICAL CONDITION, IMMEDIATELY CALL 9-1-1.
1.3 Notifications. The Services may include the sending of push-notifications, messages, emails, alerts via various means of communication. You can deactivate the push-notifications at any time by changing the notification settings on your device. By using the Services, you acknowledge and agree that the Services may contain telephone communications and/or text messages, and you represent and warrant that you are the primary owner of the phone number provided to us. You consent to receive telephone communications and/or text messages, which may be sent from an automated system. You understand that message and data rates may apply. Your consent to receive these types of communications is not required to use the Services, and you may unsubscribe from calls or texts at any time.
1.4 Service Changes. We reserve the right, but are not obligated, to modify, improve, make any other changes to, or discontinue, temporarily or permanently the Services without notice, at any time. If we choose to supply you with any updates, upgrades and any new versions of the Site or Services (“Updates”) according to its then current policies, it may include automatic updating or upgrading of the Services with or without any additional notice to you and this Agreement will govern any such Updates unless these are accompanied by a separate license agreement which will prevail, and all references herein to the Services shall include such Updates.
- Revisions To This Agreement. We may revise and update this Agreement from time to time without prior notice to you and will post the updated Agreement to the Site. ANY CHANGES TO THIS AGREEMENT WILL APPLY IMMEDIATELY UPON POSTING. Any changes to this Agreement will not apply retroactively to events that occurred prior to such changes.
- Your License to Access the Services and Content.
3.1 License. Subject to the terms and conditions of this Agreement, we grant you a limited, non-exclusive, revocable and non-transferable right to access the Site and Services. Any use of the Site or Services in excess of this license is strictly prohibited and constitutes a violation of this Agreement, which may result in the termination of your right to access and use the Services.
3.2 License Limitations. Except as expressly permitted by the terms of this Agreement, you shall not:
- copy, modify, adapt, translate, or otherwise create derivative works of the Services, our Content or intellectual property or any software, services, or other technology of the third-party vendor(s) or hosting partner(s) who provide the infrastructure, hardware, software, networking, storage, and related technology required to operate and provide the Services;
- store, distribute, post, upload or transmit any media through the Services that (i) is or is reasonably perceived to be unlawful, harmful, threatening, bullying, libelous, defamatory, obscene, harassing, racially or ethnically offensive, inciting hatred or invasive of a person’s privacy; (ii) that facilitates or promotes illegal activity, violence, discrimination based on race, gender, color, religious or philosophical belief, sexual orientation, disability or any other illegal activities; (iii) depicts or contains sexually explicit or pornographic images; and/or (iv) infringes the intellectual property rights of a third party;
- introduce any virus, worm, malware, spyware, Trojan horse or other harmful or malicious code to the Services;
- do anything which may negatively impact the Services IT system or environment or availability of the Services;
- attempt to duplicate, modify, copy, adapt, distribute, market, lease, create derivative works from or resell the Services (or any part of it including any of the software in or accessible through it);
- access and use the Services in order to build a product or service competitive with the Services;
- attempt to decompile, disassemble, reverse engineer or otherwise reduce to human-perceivable form any part of the Services (including any of the software in or accessible through it) or to discover or disclose the source code, methods and concepts embodied in the Services (including any of the software in or accessible through it) except as may be allowed by any applicable law notwithstanding contractual prohibition;
- alter, obscure, remove, conceal or otherwise interfere with any markings on or in the Services which refers to us or our licensors or includes any trademarks or logos;
- circumvent or manipulate any of the restrictions or security-related features within the Services; or
- engage in any deceptive, unfair or misleading practice and/or in violation of applicable law.
3.3 Acceptable Use of the Services. You are responsible for the way in which you access and use the Services and for any materials stored, posted or uploaded to, or distributed or transmitted through, the Services by or on behalf of you. You shall use commercially reasonable efforts to prevent any unauthorized access to or use of the Services and, in the event of any such unauthorized access or use, shall promptly notify us. You shall comply with all applicable laws, regulations, rules and codes with respect to your activities relating in any way to your use or exploitation of the Services. Your access to this Services is provided on a temporary basis with no guarantee for future availability. We reserve the right to withdraw or modify any content or services we provide on the Services without notice.
- Your Obligations to XRHealth.
4.1 Your Representations. You represent and warrant to us that: (a) you have the legal capacity to understand and enter into this Agreement; (b) you are of at least 18 years of age; or you have permission from your parent(s) or legal guardian(s) to use the Services; and (c) all information you give us is valid and true and yours to provide to us.
4.2 Your Account. In order to use certain features of the Services, you will may be required to provide log in information in order to create an account (“Account”). As part of the registration process and as a condition of your access to the Services, you may create one Account only and provide us with your current, complete and accurate information (“Account Information”). If your Account Information changes, you must promptly update your Account to reflect those changes.
Each Account is for the personal use of the registered user only. You may not share your log-in details or password (if required) with any other person. XRHealth does not allow multiple users (networked or otherwise) to access the Services through a single name and password. You may receive emails from us confirming the details of your registration, and providing you with necessary information relating to your access and use of the Services and your Account.
If you wish to cancel and remove your Account, please send us an e-mail of your request to: firstname.lastname@example.org. Your Account will terminate within reasonable time following your request, and from that date of termination you will no longer be able to access your Account. Note that you will be able to edit or remove, at any time, any information contained in your Account.
Cancelling your account may cause the loss of certain information you provided us and XRHealth does not accept any liability for such loss. Please note that we are legally obligated to keep health information even if your account has been terminated, and such information will be deleted only when and if allowed according to applicable laws.
4.3 Use of the Services. You agree that:
- you will use the Services only for purposes permitted by this Agreement;
- you are responsible for maintaining the confidentiality of your Account Information at all times;
- you are solely responsible for the use and maintenance of your Account;
- we may deny anyone access to an Account or the Services at any time and for any reason without notice;
- we are not obliged to confirm the identity of any Services users or Account holders; and
- in the event that we believe that you have breached this Agreement, we may, at our sole discretion terminate or suspend your Account with us, and you will not be entitled to a refund of any Services provided for the period up to and including the date of suspension or termination of your Account resulting from a breach of this Agreement.
- Intellectual Property.
5.1 Ownership. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Sites, our Content and the Services. Nothing in this Agreement constitutes a transfer of any intellectual property rights from us to you. The Content and any material provided to you in conjunction with the Services may be subject to copyright and other intellectual property laws. You may not use or reproduce or allow anyone to use or reproduce any Content (including the “XRHealth” name and logo or other trade names appearing on the Sites) for any reason without prior written permission from us. The software that operates the Sites is proprietary software and you may not use it except as expressly allowed under this Agreement.
5.2 Use. You may retrieve and display the Services or Content from the Sites on a computer screen or mobile device, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your computer or mobile device for your personal, non-commercial use. Except as expressly permitted by this clause, you may not reproduce, modify or in any way commercially exploit our Services or Content on the Sites. In particular, but without limiting the general application of the restrictions in the previous sentence, you may not do any of the following without prior written permission from XRHealth:
- reproduce or store in or transmit to any other website, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of the Services or Content;
- publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the Services or Content (including as part of any library, archive or similar service); or
- remove the copyright or trade mark notice from any copies of the Content made under this Agreement.
- Your Content. You are solely responsible for any material, opinion, content or data that you post, publish or otherwise transmit through the Services; or obtain through accessing or using the Services (collectively, “User Content”). By posting or adding any User Content to the Services, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable licence and sub-licence to use that User Content in any way (including, without limitation, by reproducing, changing, translating, and communicating the User Content to the public) and permit us to authorize any other person to do the same thing. This licence will survive any termination of this Agreement. You represent and warrant to us that you have all necessary rights in respect of any User Content which you post or otherwise contribute to the Services to grant the licences and consents set out in this clause. You waive any moral rights that you may have in regard to your User Content, and if you add any User Content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
You acknowledge that the views expressed in User Content provided by you and other users do not necessarily reflect the views of XRHealth, and we do not support or endorse any user content. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on our Services. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made User Content available on the Services simply by facilitating others to post, transmit or otherwise make the User Content available. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us.
We reserve the right, but are not obligated, to: a) review, modify, reformat, reject or remove any User Content which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates this Agreement or otherwise has the potential to harm, endanger or violate the rights of any person; and b) monitor use of the Services, and store or disclose any information that we collect, including in order to investigate compliance with this Agreement or for the purposes of any police investigation or governmental request.
If you believe that any User Content infringes your legal rights, you should notify XRHealth immediately by contacting our customer service centre.
- System Unavailability. There may be times when the Services is unavailable due to technical errors or for maintenance and support activities. We do not represent, warrant, or guarantee that the Services will always be available or is completely free of human or technological errors.
- Errors. The Services may contain typographical mistakes, inaccuracies, or omissions and some information may not be complete or current. We expressly reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. We do not make any representation or warranty concerning errors, omissions, delays, or defects in the Services or any information supplied to you via the Services, or that files available through Services are free of viruses, worms, Trojan horses, or other code that include or manifest contaminating or destructive characteristics.
- Compatibility. You must provide the equipment and Internet connections necessary to access the Services at your own expense. We do not guarantee that the Services will operate with your computer, Mobile Device, internet service plans, or Mobile Provider service plans or with any particular computer or other piece of hardware, software, equipment, or device you install on or used with your computer.
- No Guarantees. THE SITE, SERVICES AND OUR CONTENT (COLLECTIVELY, THE “SYSTEM”) ARE PROVIDED “AS IS”. WE DO NOT WARRANT OR MAKE ANY PROMISES REGARDING THE CORRECTNESS, USEFULNESS, ACCURACY, AVAILABILITY, OR RELIABILITY OF (I) YOUR USE OR THE RESULTS OF YOUR USE OF THE SYSTEM; (II) ANY ADVICE YOU GLEAN FROM THE SYSTEM; OR (III) ANY CONTENT, PRODUCTS OR SERVICES AVAILABLE THROUGH THE SYSTEM. WE DO NOT PROMISE THAT THE SYSTEM WILL BE UNINTERRUPTED OR WILL BE ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. THERE IS NO WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. NO ADDITIONAL STATEMENTS OUTSIDE THE TERMS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE, WHETHER MADE BY OUR EMPLOYEES OR OTHERWISE, IS A WARRANTY OR PROMISE BY US AND WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY SUCH STATEMENTS. WE WILL HAVE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY COMMUNICATION, OR CONTENT.
13.2 Shipping & Delivery. We will use commercially reasonable efforts to deliver the Hardware to you within 2 to 15 business days after a request to lease the Hardware is placed. However due to Hardware availability, processing, the delivery destination and other circumstances outside of our control, delays may occur. If you have not received the Hardware after 2 weeks please contact us. If the Hardware arrives damaged you must contact us immediately and we will arrange for the Hardware to be returned to us. In the instance that you provide an incorrect delivery address we will not be responsible or loss or damage suffered by you, if the Hardware is delivered to the incorrect address that you have supplied.
13.3 Return. At the conclusion of your use of our Services, you must return the Hardware to us or any third-party we designate. The Hardware must be placed in the original box (or a different suitable shipping box) and properly sealed. We will provide you with a return label for shipping. If you have lost or cannot find the return label, please contact us.
- We Are Not Liable to You for Your Use of Services. WE ARE NOT RESPONSIBLE FOR ANY DAMAGES TO YOU OR ANYONE FILING SUIT ON YOUR BEHALF FOR ANY REASON. XRHEALTH AND OUR SUPPLIERS, LICENSORS, PARENT, OR AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ASSIGNEES OR SUCCESSORS-IN-INTEREST, WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, CLAIMS, DEMANDS, LOST PROFITS, OR CAUSES OF ACTION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RELATING TO THIS AGREEMENT, YOUR USE OF THE SYSTEM OR ANY INFORMATION YOU OBTAIN ON IT, OR ANY OTHER INTERACTION WITH THE SYSTEM AND YOU VOLUNTARILY AND UNEQUIVOCALLY WAIVE ANY LIABILITY OF XRHEALTH.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES WILL BE TO STOP USING THE SERVICES.
IN ANY EVENT, OUR MAXIMUM TOTAL LIABILITY OF XRHEALTH FOR ANY CLAIM WHATSOEVER RELATING IN ANY WAY TO THIS AGREEMENT, INCLUDING CLAIMS FOR BREACH OF CONTRACT, TORT (INCLUDING, NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, AND YOUR SOLE REMEDY SHALL BE AN AWARD FOR DIRECT, PROVABLE DAMAGES NOT TO EXCEED THE AMOUNT YOU PAID TO XRHEALTH TO ACCESS THE SERVICES.
- Indemnification. YOU WILL HOLD HARMLESS, INDEMNIFY, AND DEFEND RXHEALTH, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES (COLLECTIVELY, “XRHEALTH PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS (INCLUDING ANY AND ALL LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, AND REASONABLE ATTORNEYS’ FEES ARISING THEREFROM) RELATING TO ANY ACTION OR PROCEEDING BROUGHT BY A THIRD PARTY AGAINST ANY ONE OR MORE OF THE XRHEALTH PARTIES (I) ALLEGING INJURY, DAMAGE, OR LOSS RESULTING FROM YOUR USE OF THE SYSTEM; (II) ALLEGING THAT YOUR MATERIALS INFRINGES A COPYRIGHT, PATENT, OR TRADEMARK OR MISAPPROPRIATES A TRADE SECRET OF A THIRD-PARTY; (III) RELATED TO ANY ACT OR OMISSION BY YOU WHICH IS A BREACH YOUR OBLIGATIONS UNDER THIS AGREEMENT; AND (IV) YOUR USE OF INFORMATION OR RESULTS OBTAINED THROUGH THE SERVICES.
- the license and all other rights granted to you hereunder will automatically terminate;
- you must comply with the Hardware Terms and Conditions, including returning the Hardware immediately; and
- you must immediately cease all use of the Service, delete and destroy all copies of the Site in your possession or control and so certify to XRHealth if required by it.
We can suspend or terminate your Account if we believe, in our sole discretion, that one (or more) of the following events have occurred:
- there is risk to the security or privacy of your Account;
- there is a threat to the security or integrity of our network or our servers;
- suspension is needed to protect the rights, property or safety of XRHealth, its users or the public;
- there is a basis for termination of your Account;
- you have violated this Agreement; and/or
- we are required to by law.
- Agreement to Arbitrate; Class Action Waiver. ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY SERVICES PROVIDED BY XRHEALTH (EACH A “DISPUTE”) SHALL BE SETTLED BY ARBITRATION IN BOSTON, MASSACHUSETTS ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT THAT YOU MAY HAVE TO A TRIAL BY JURY REGARDING ANY DISPUTE. YOU UNDERSTAND THAT THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE THAT WE OR YOU MAY ENFORCE. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT THAT YOU MAY HAVE TO A SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES AWARD. ANY ARBITRATION AWARD SHALL BE LIMITED TO ACTUAL DAMAGES AND ATTORNEYS’ FEES.
YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT THAT YOU MAY HAVE TO ANY FORM OF CLASS ARBITRATION. YOUR DISPUTE SHALL BE RESOLVED INDIVIDUALLY AND SHALL NOT BE CONSOLIDATED WITH ANY OTHER CLAIM OF ANY OTHER PERSON OR ENTITY. YOU AGREE AND ACKNOWLEDGE THAT YOU MUST INITIATE ANY DISPUTE BY FILING A PROPER DEMAND FOR ARBITRATION WITHIN ONE YEAR OF THE DATE OF THE EVENT GIVING RISE TO YOUR DISPUTE AND THAT YOU CAN BRING NO DISPUTE AFTER THAT TIME.
JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. JURISDICTION FOR ANY APPEAL OF AN ARBITRATION AWARD IS APPROPRIATE ONLY IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS. YOU AGREE AND ACKNOWLEDGE THAT ANY DISPUTE, INCLUDING THE FACT AND OUTCOME OF ARBITRATION, IS STRICTLY CONFIDENTIAL. YOU ACKNOWLEDGE AND AGREE THAT XRHEALTH WOULD NOT ALLOW YOUR USE OF THE SERVCES ABSENT YOUR AGREEMENT TO ARBITRATE AND WAIVER OF YOUR RIGHT TO A TRIAL BY JURY.
- General. If a provision of this Agreement is deemed invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions. Other than as expressly set out in this Agreement, no party has relied on any representation made by or on behalf of the other. Our failure to insist upon or enforce any provision in this Agreement shall not be construed as a waiver of any provision or right of XRHealth. XRHealth, its affiliates and information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the provision of any Services that may result directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, transportation embargo, computer viruses, epidemics or pandemics, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions. You may not transfer or assign this Agreement in whole or in part, by operation of law or otherwise, without the prior written consent of XRHealth. Any assignment or transfer, or attempt thereof, without such prior written consent will be void and have no effect. All terms and conditions contained herein will inure to the benefit of, and be binding upon, any successor and any permitted assignees of the parties. The terms and conditions in this Agreement that by their nature and context are intended to survive any termination or expiration of the term of this Agreement, including, but not limited to Sections [5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15], will survive such termination or expiration of the term of this Agreement for any reason and will be fully enforceable thereafter.
© 2020 XRHealth USA INC. ALL RIGHTS RESERVED.