WILLOWGLADE TECHNOLOGIES CORP.
Updated November, 2014
THIS AGREEMENT WAS WRITTEN IN ENGLISH (US). TO THE EXTENT THAT ANY TRANSLATED VERSION OF THIS AGREEMENT CONFLICTS WITH THE ORIGINAL ENGLISH VERSION, THE ENGLISH VERSION SHALL CONTROL. PLEASE NOTE THAT SECTION 17 CONTAINS CERTAIN ITEMS RELEVENT FOR USERS OUTSIDE THE UNITED STATES OF AMERICA.
SECTION 15 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH WILLOWGLADE TECHNOLOGIES CORP. PLEASE READ IT.
This is a contract between you and Willowglade Technologies Corp., a Delaware corporation (“Willowglade,” “we,” “us,” or “our”), for use of the “My Breast Cancer Journey” and “Cancer Journey Supporter” mobile apps (collectively known as “Cancer Journey Apps”) (the “Software”) and the services provided through the Software (together with the Software, the “Service”). By using or accessing the Service, you confirm that you agree to these terms. If you don’t agree, don’t use the Service.
Please note that we don’t provide warranties for the Service. This contract also limits our liability to you. See Sections 10 and 11 for details.
2. Additional software and services
3. Using the Service
We may deny account sign-up based your location or other reasons. You must not attempt to work around any such limitations in the Service. Some Service features may not be available in some languages and locations.
The Service is intended to allow individuals to conveniently store their personal health-related information. Willowglade accounts are not for use by healthcare providers or for any other commercial or non-personal purpose. The information in your account may not always be accurate or up-to-date and should be viewed by any health care provider as informational only.
When using the Service, you must comply with this contract, all applicable laws, and any notices we provide. You may not use the Service in any unauthorized way that could interfere with anyone else’s use of it or to gain unauthorized access to any service, data, account, or network.
You may start using the Service as soon as you have finished the sign-up process.
4. Willowglade account
If you don’t already have a user name and password (“credentials”) to use with the Service, we will direct you to Willowglade account signup to get credentials before you sign up for the Service.
If you lose your sign-in credentials, you will not be able to recover your stored data.
5. Your Service account
Only you may use your account credentials. You must keep your account credentials confidential and not authorize anyone else to access or use the Service on your behalf, unless we provide an approved mechanism for that. You must contact us right away if you suspect misuse of your account or any security breach in the Service. You are responsible for all activity that takes place with your Service account.
6. Internet access may be required
To access the Service by means of a cellular data connection on a portable device (such as a smartphone), you will need a data access plan from your wireless carrier. In order to access the Service via WiFi or Internet connection, you may need a compatible device, software, browser and Internet access. Check with your provider to learn if any fees apply. You are solely responsible for any fees or costs you incur to access the Services through any wireless or other communication service.
7. Your content and sharing information
We don’t claim ownership of the content you provide on the Service. Your content remains your content. We also don’t control, verify, or endorse the content that you and others make available on the Service.
You control who may access your content. If you share your content, then you agree that anyone you’ve shared content with may use that content.
When you give others access to your content on the Service, they can use, reproduce, distribute, display, transmit, and communicate to the public the content. If you don’t want others to have that ability, don’t use the Service to share your content.
If you share content on the Service in a way that infringes others’ rights, including privacy rights, you’re breaching this contract. You represent and warrant that you have all the rights necessary for you to grant the rights in this section and the use of the content doesn’t violate any law. We may remove your content from the Service at any time if you breach this contract.
You’re responsible for backing up the data that you store on the Service. If your Service is canceled, we may permanently delete your data from our servers. We have no obligation to return data to you after the Service is canceled. If data is stored with an expiration date, we may also delete the data as of that date. Deleted data may be irretrievable.
The Service is intended for individual input and collection of personal health information. It does not hold records for healthcare providers or other medical or case management purposes. User information stored by the Service are not designated record sets as defined under U.S. regulations. If a healthcare provider decides to include any data made available from the Software in its records, it should store a copy in its own system.
You explicitly consent to the use of the information you provide via the Service, including the disclosure of data, in accordance with this contract and the Privacy Statement attached to this contract as Exhibit A. You confirm that you have the legal authority to consent to Willowglade processing all health information you provide.
Willowglade operates the Service for the benefit of itself and its customers. Willowglade retains the right to block or otherwise prevent delivery of any type of e-mail or other communication to or from the Service as part of our efforts to protect the Service, protect our customers, or stop you from breaching this contract. The technology or other means we use may hinder or prevent your use of the Service.
9. How we may change the contract
We may change this contract, and will notify you by posting new terms. If you do not agree to the changes, you must cancel and stop using the Service. If you do not stop using the Service, the new terms apply to you.
10. NO WARRANTY
We provide the Service “as-is,” “with all faults” and “as available.” The entire risk as to the quality and performance of the Service and Software is with you. Should the Service or Software prove defective, you assume the entire cost of all necessary servicing or repair. We don’t guarantee the accuracy or timeliness of information available from the Service. You acknowledge that computer and telecommunications systems are not fault-free and occasional periods of downtime occur. We do not guarantee the Service will be uninterrupted, timely, secure, or error-free, or that data loss will not occur. We and our affiliates and vendors give no express warranties, guarantees, or conditions. We exclude any implied warranties, including for merchantability, satisfactory quality, fitness for a particular purpose, workmanlike effort, and noninfringement. You may have certain rights under your local law. Nothing in this contract is intended to affect those rights, if they are applicable.
Third-party programs and devices that connect with the Software are not endorsed or warranted by Willowglade. Product descriptions, if any, are by their manufacturers and provided for informational purposes only. The Service does not provide medical or any other health care advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition, diet, fitness or wellness program. Never disregard professional medical advice or delay in seeking it because of information you accessed on or through the Service.
11. LIABILITY LIMITATION
If you have any basis for recovering damages from Willowglade or its affiliates and vendors, you can recover only direct damages up to the amount that you paid us to download the Software. You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental or punitive damages.
The limitations and exclusions apply to anything related to this contract or the Services, such as loss of data; third-party content, programs or conduct; viruses that affect your use of the Service; incompatibility between the Service and other services, software and hardware; delays or failures you may have in starting or completing transmissions; and claims for breach of contract, warranty, guarantee or condition, consumer protection, deception, unfair competition, strict liability, negligence, misrepresentation, omission, trespass or other tort, violation of statute or regulation, or unjust enrichment; all to the extent permitted by applicable law.
The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages.
Some or all of these limitations or exclusions may not apply to you if your state, province, or country does not allow the exclusion or limitation of incidental, consequential, or other damages.
12. Changes to the Service and cancellation
We continuously work to improve the Service and may change the Service at any time. Additionally, there are reasons why Willowglade may stop providing portions of the Service, including (without limitation) that it’s no longer feasible for us to provide it, the technology advances, customer feedback indicates a change is needed, or external issues arise that make it imprudent or impractical to continue. If the Service is canceled, your right to use the Service stops immediately.
You may cancel the Service at any time and for any reason. Sections 8, 10, 11, 12, 14 and 15, and those that by their terms apply after termination of this contract will survive any termination of this contract.
13. Software License
Subject to the provisions of this contract, we grant to you a limited, personal, nonexclusive, nontransferable, nonassignable license to use and access the Software for your internal use only, but not for re-sale or re-distribution by you.
You are not permitted to delete or permit to be deleted any identifying marks, copyright or proprietary right notices from the Software. You will not translate, decompile, or create or attempt to create, by reverse engineering or otherwise, the source code of the Software, or adapt the Software in any way or use it to create a derivative work. We will not be responsible for providing any technical support, bug fixes, error corrections, updates, replacements, or conversions of the Software, or for otherwise maintaining the Software.
The Software may include third-party code that Willowglade is sublicensing to you in this contract. Notices in the Software, if any, for the third-party code are included for your information only. Unless applicable law gives you more rights, we reserve all other rights to the Software not expressly granted by us in this contract, whether by implication, estoppel or otherwise.
We may automatically check your version of the Software. We may also automatically download to your mobile device upgrades to the Software to update, enhance, and further develop the Service.
The Software is licensed, not sold. Unless we notify you otherwise, the software license ends when your Service ends. You must then uninstall the Software, or we may disable it. You must not work around any technical limitations in the Software. You must not disassemble, decompile, or reverse engineer the Software.
The Software is subject to applicable U.S. export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Software. These laws include restrictions on destinations, end users, and end use.
14. General legal terms
14.1 Interpreting the contract
All parts of this contract apply to the maximum extent permitted by relevant law. If a court or arbitrator holds that we can’t enforce a part of this contract as written, you and we will replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of this contract won’t change. Section 15.10 says what happens if parts of Section 15 (arbitration and class action waiver) are found to be illegal or unenforceable. Section 15.10 prevails over this section if inconsistent with it. This is the entire contract between you and us regarding the Service. It supersedes any prior contract or oral or written statements regarding your use of the Service. Other terms may apply when you use or pay for other Willowglade services. The contract’s section titles do not limit its terms.
We may assign, transfer, or otherwise dispose our rights and obligations under this contract, in whole or in part, at any time without notice. You may not assign this contract or transfer any rights to use the Service.
14.3 No third-party beneficiaries
This contract is solely for your and our benefit. It is not for the benefit of any other person, except for Willowglade’s successors and assigns.
You may notify us as stated in the “about” or “send us a message” areas of the Service. We may send you, in electronic form, information about the Service, additional information, and information the law requires us to provide. You consent to Willowglade providing you required information by e-mail at the e-mail address you specified when you signed up for the Service. Notices e-mailed to you will be deemed given and received when the e-mail is sent. If you don’t consent to receive notices electronically, you must stop using the Service.
14.5 Choice of Law
This contract will be interpreted in accordance with the laws of the State of California, U.S.A., exclusive of its conflict of laws provisions.
15. Binding arbitration and class action waiver
This section applies to any dispute EXCEPT IT DOES NOT INCLUDE A DISPUTE RELATING TO THE ENFORCEMENT OR VALIDITY OF YOUR, WILLOWGLADE’S, OR ANY OF OUR LICENSORS’ INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and Willowglade concerning the Service or Software or this contract, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
15.1 Notice of Dispute
In the event of a dispute, you or Willowglade must give the other a Notice of Dispute, which is a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute by U.S. mail to Willowglade Technologies Corp., ATTN: CEO, 30211 Avandia de las Banderas, Suite 200, Rancho Santa Margarita, CA, 92688. Willowglade will send any Notice of Dispute to you by U.S. mail or e-mail. You and Willowglade will attempt to resolve any dispute through informal negotiation within 60 days from the date the Notice of Dispute is sent. After 60 days, you or Willowglade may commence arbitration.
15.2 Small Claims Court
You may also litigate any dispute in small claims court in Orange County, California, if the dispute meets all requirements to be heard in the small claims court. You may litigate in small claims court whether or not you negotiated informally first.
15.3 Binding Arbitration
If you and Willowglade do not resolve any dispute by informal negotiation or in small claims court, any other effort to resolve the dispute will be conducted exclusively by binding arbitration. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
15.4 Class Action Waiver
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor Willowglade will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
15.5 Arbitration Procedure
Any arbitration will be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules. If you are an individual and use the Services for personal or household use, or if the value of the dispute is $75,000 or less whether or not you are an individual or how you use the Services, its Supplementary Procedures for Consumer-Related Disputes will also apply. For more information, see or call 1-800-778-7879. You agree to commence arbitration only in Orange County, California. Willowglade agrees to commence arbitration only in Orange County, California. You may request a telephonic or in-person hearing by following the AAA rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim. The language of the arbitration will be English.
15.6 Fees and Costs
Each party will bear its own costs in connection with any disputes related to this contract or the Service or Software, but any compensation or expenses of the arbitrator will be borne equally. The prevailing party will be entitled to reasonable attorney’s fees, costs, and necessary disbursements in addition to any other relief to which such party may be entitled.
15.7 Conflict with AAA Rules
This contract governs to the extent it conflicts with the AAA’s Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes.
15.8 Claims or Disputes Must Be Filed Within One Year
To the extent permitted by law, any claim or dispute relating to this contract or the Service or Software must be filed within one year in small claims court (Section 15.2), an arbitration proceeding (Section 15.3), or in court if Section 15.10 permits the dispute to be filed in court instead of arbitration. The one-year period begins when the claim or Notice of Dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred.
15.9 Rejecting Future Arbitration Changes.
You may reject any change Willowglade makes to Section 15 (other than address changes) by sending us notice within 30 days of the change by U.S. mail to the address in Section 15.1. If you do, the most recent version of Section 15 before the change you rejected will apply.
If the class action waiver in Section 15.4 is found to be illegal or unenforceable as to all or some parts of a dispute, then Section 15 will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of Section 15 is found to be illegal or unenforceable, that provision will be severed with the remainder of Section 15 remaining in full force and effect.
15.11 Choice of Law
This contract will be interpreted in accordance with the laws of the State of California, U.S.A., exclusive of its conflict of laws provisions.
All contents of the Service are Copyright Willowglade Technologies Corp. and/or its suppliers. All rights reserved. We or our suppliers own the title, copyright, and other intellectual property rights in the Service and content. Willowglade, and the names, logos and icons of other Willowglade products and services may be either the trademarks or registered trademarks of Willowglade. The names of actual companies and products may be the trademarks of their respective owners. Example people, places and events depicted in the Service are fictitious. No association with any real Willowglade account holder, person, place or event is intended or should be inferred. Any rights not expressly granted in this contract are reserved. Certain content used in the Service is provided by or based in part on the work of National Cancer Institute.
17. Special Provisions for users outside the United States of America
We may provide our solutions to communities outside the United States of America. The following provisions apply to users and non-users who interact with Cancer Journey Apps outside the United States of America:
You consent to having your personal data transferred to, processed in, and stored in the United States of America.
17.2 Embargo Locations and Specially Designated Nationals
If you are located in a country embargoed by the United States of America, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities with Cancer Journey Apps or operate a Platform application or website with Cancer Journey apps incorporated. You will not use Cancer Journey Apps if you are prohibited from receiving products, services, or software originating from the United States of America.
Last Updated September, 2014
This privacy statement applies to the data collected by Willowglade Technologies Corp., a Delaware corporation (“Willowglade,” “we,” “us,” or “our”), through the “My Breast Cancer Journey” and “Cancer Journey Supporter” mobile apps (the “Software”) and the services provided through the Software (together with the Software, the “Service”). It does not apply to data collected by other online or offline Willowglade sites, products, or services.
The Service is a personal health platform that allows primary users to gather, edit, add to, store, and share health information online. Primary users can also share their health information with family and friends, and obtain general information about their condition. Primary users can also send and receive messages though the Service to and from the people with whom they have invited to share their health information.
Primary users can choose to share specific information on an opt-in basis with:
other people they know (such as friends and family);
healthcare researchers who may use the information in an aggregated, non-identifiable manner to assist in their research or studies; and
healthcare workers who may use the personally identifiable information to recruit patients for clinical trials.
19. Collection of your personal information
The first time you sign in to the Service, whether as a primary user (opening a “primary user account”) that will upload health information, or as a person who wants to view a primary user’s health information (opening a “friend account”), the Service asks you to create an account. To create an account, you must provide personal information such as name, date of birth, e-mail address, postal code and country/region.
We will use the e-mail address you provide when you create your account to send you an e-mail requesting that you validate your e-mail address to include in sharing invitations you send or receive through the Service, and to send you Service notifications, such as e-mail notifications that new information is available for viewing through your account.
A primary user account allows you to manage aspect of your health information online. You choose what information to store on the Service. Examples of the types of information you can store include:
measurements such as blood glucose and blood pressure;
lab results; and
20. Other information we collect
To help operate and improve the Service, we may collect information about how you interact with the Service, including the type of device you’re using, your IP address, location, cookies or other unique identifiers, the pages you visit and features you use. We combine this with other users’ information to get an overall view of how the Service is used.
21. Sharing your personal information
By default, you are the custodian of any information you add to a primary user account. Some of the information stored in the account you manage may be highly sensitive, so you need to consider carefully with whom you choose to share the information.
You can share some or all information in your account with another person by sending a sharing invitation e-mail through the Service. If the person accepts your sharing invitation and has or creates a friend account, you have given him or her the right to view the information that you authorize them to view. Access rights do not expire but can be revoked at any time.
22. How we use your personal information
We use personal information collected through the Service, including health information, to provide the Service, and as described in this privacy statement. We do not use or disclose your information except as described in this privacy statement.
In support of these uses, Willowglade may use personal information:
to provide you with important information about the Service, including critical updates and notifications; and
to send you the Willowglade e-mail newsletter, which newsletter will give you an option to opt-out of receipt of future newsletters.
Willowglade may hire other companies to provide limited services on our behalf, such as answering customer questions about products and services and analyzing information to develop marketing strategies. We give those companies only the personal information they need to deliver the service, such as IP address or e-mail address. Willowglade requires the companies to maintain the confidentiality of the information and prohibits them from using the information for any other purpose.
Willowglade may access and/or disclose your personal information if we believe such action is necessary to: (a) comply with the law or respond to legal process served on Willowglade; or (b) protect the rights or property of Willowglade (including the enforcement of our agreements) or our customers.
23. How we use information and statistics
Willowglade may use aggregated information from the Service to improve the quality of the Service and for marketing of the Service (for example, to tell potential advertisers how many Service users live in the United States). This aggregated information is not associated with any individual account. Willowglade does not use your individual account and health information from the Service for marketing without Willowglade first asking for and receiving your opt-in consent.
For users opening a primary user account, we may share your aggregated information with medical researchers if we receive your op-in consent. This aggregated information is not associated with any individual account.
For users opening a primary user account, with your opt-in consent, we may share your personal contact information and health information stored in your account with healthcare workers in fields related to your health condition who are seeking to recruit patients for clinical trials.
24. Service access and controls
You choose whether to create an account with the Service. The required account information consists of a small amount of information such as your name, e-mail address, region, and Service credentials. We may request other optional information, but we clearly indicate that such information is optional. You can review and update your account information. You can modify, add, or delete any optional account information by signing into the Service and editing your account profile.
25. Access and controls
When you create a primary user account, you become the custodian of the information included in the account. As the custodian, you decide what level of access to grant other users of the Service. The Service creates a fixed list of each access or change to the information in the account, which the Service keeps as a full history of the account. You can view and update information in your primary user account and can examine the history of access and changes to the information in the account.
If you “un-share” content with an invited friend or family member, they can no longer see or comment on that content. The primary user can re-instate sharing that or any other content with that individual, or any other individual at the primary user’s convenience.
26. Closing your account
You can close your account by signing in to your account and requesting that the account be closed. If other users had any level of access to your account, your account will no longer appear in their accounts. The Service removes access to all of the information that was in your account from all users.
27. E-mail controls
To keep you informed of the latest improvements, the Service may send you a newsletter. Each newsletter will include a link to allow you to unsubscribe to the newsletter at any time.
One of the primary purposes of cookies is to provide a convenience feature to save you time. For example, if you personalize a Web page, or navigate within a site, a cookie helps the site to recall your specific information on subsequent visits. Using cookies simplifies the process of delivering relevant content, eases site navigation, and so on. When you return to the Web site, you can retrieve the information you previously provided, so you can easily use the site’s features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline some or all cookies if you prefer. If you choose to decline all cookies, you may not be able to use interactive features of this or other Web sites that depend on cookies.
29. Use of Web beacons
Willowglade Web pages or emails may contain electronic images known as Web beacons sometimes called single-pixel gifs that may be used:
to assist in delivering cookies and other tracking devices on our sites;
to enable us to count users who have visited those pages; and
to deliver co-branded services.
We may include Web beacons in promotional e-mail messages or in our newsletters in order to determine whether you opened or acted upon those messages.
Willowglade may also employ Web beacons from third parties to help us compile aggregated statistics and determine the effectiveness of our promotional campaigns. We prohibit third parties from using Web beacons on our sites to collect or access your personal information. We may collect information about your accessing the Software, including the pages you view, the links you click, and other actions taken in connection with the Service. We also collect certain standard, non-personally identifiable information that your browser sends to every Web site you visit, such as your IP address, browser type and language, access times, and referring Web site addresses.
30. Changes to this privacy statement
We may occasionally update this privacy statement. When we do, we will also revise the “last updated” date at the top of the privacy statement. We encourage you to review this privacy statement periodically to stay informed about how we are helping to protect the personal information we collect. Your continued use of the Service constitutes your agreement to this privacy statement and any updates. Please be aware that this privacy statement and any choices you make on the Service do not necessarily apply to personal information you may have provided to Willowglade in the context of other, separately operated, Willowglade products or services.
31. Contact information
Willowglade welcomes your comments regarding this privacy statement. If you have questions about this statement or believe that we have not adhered to it, please contact us by e-mail at firstname.lastname@example.org.