Welcome to ImageTrend’s Aware. You are attempting to (a) download or install (or have already done so) a mobile software application (the “App” or “Aware”) provided by ImageTrend, Inc and/or its affiliates, licensors, or suppliers (“ImageTrend” or “We”). Together, the App and the Site are referred to below as the “Applications.” Participation in Aware and use of the Applications is voluntary.
When using or accessing the Applications, you agree that you must comply with any guidelines, rules, terms, and conditions applicable to such use or access that are posted by us, which are hereby incorporated by reference into these Terms, and with any applicable third-party terms of agreement.
We may modify these Terms at any time by posting the revised Terms on the App or the Site. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” legend at the bottom of these Terms. Any modifications will be effective immediately upon such posting. Your use of or access to the Applications after such modifications are posted will signify your acceptance of the modifications and your agreement to be bound by them. Notwithstanding the foregoing, any modifications to these Terms shall not apply to any dispute between us arising prior to the date on which we post the modified Terms.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify, suspend or discontinue the Applications; charge fees in connection with the use of the Applications; modify and/or waive any fees charged in connection with the Applications; and/or offer opportunities to some or all users of the Applications. You agree that neither we nor any of our affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of the Applications, in whole or in part, or of any service, content, feature or product offered through the Applications.
DISCLAIMER: NOT A SUBSTITUTE FOR PROFESSIONAL HEALTH CARE OR ADVICE
THE APPLICATIONS AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE APPLICATIONS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. YOUR USE OF THE APPLICATIONS IS VOLUNTARY AND AT YOUR SOLE RISK.
THE HEALTH-RELATED INFORMATION AVAILABLE THROUGH THE APPLICATIONS IS GENERAL IN NATURE AND IS NOT A SUBSTITUTE FOR PROFESSIONAL HEALTHCARE. IT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED, AND SHOULD NOT BE USED, TO REPLACE THE ADVICE OF HEALTHCARE PROFESSIONALS.
YOU ARE SOLELY RESPONSIBLE FOR YOUR RELIANCE ON THE APPLICATIONS AND THE HEALTH-RELATED INFORMATION AVAILABLE THROUGH THE APPLICATIONS, AND FOR ALL DECISIONS OR ACTIONS RESULTING FROM YOUR USE OF THE APPLICATIONS AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO ANY DECISION NOT TO SEEK, OR REFRAIN FROM SEEKING, ANY DIAGNOSIS OR TREATMENT. YOU ARE ALSO SOLELY RESPONSIBLE FOR YOUR DECISION TO USE THE SERVICES OF ANY PARTICULAR THIRD-PARTY PROVIDER. IF YOU HAVE SPECIFIC HEALTHCARE NEEDS, OR FOR COMPLETE HEALTH INFORMATION, PLEASE SEE A DOCTOR OR OTHER HEALTHCARE PROVIDER.
LIMITATION OF LIABILITY
If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from ImageTrend or any affiliates, resellers, distributors, Third-Party Apps and Services providers, and vendors, direct damages up to $50.00. You can’t recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy doesn’t 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. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms, the Services, or the software related to the Services.
THE APPLICATIONS AND ALL USE OF AND ACCESS THERETO ARE PROVIDED BY IMAGETREND “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. IMAGETREND DOES NOT REPRESENT OR ENDORSE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER CONTENT DISPLAYED, DOWNLOADED FROM, OR DISTRIBUTED THROUGH THE PLATFORM OR SERVICES. IMAGETREND WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY ERROR, DELAY, OR INTERRUPTION IN THE PLATFORM OR SERVICES. IMAGETREND MAKES NO GUARANTEE, REPRESENTATION, OR WARRANTY REGARDING THE TIMELINESS, RELIABILITY, ACCURACY, COMPLETENESS, CORRECTNESS OR USEFULNESS OF ANY PORTION OF THE PLATFORM OR SERVICES OR THE APPROPRIATENESS, FITNESS OR SUITABILITY OF ANY TREATMENT OR DIAGNOSIS TO WHICH THE CONTENT MAY RELATE. YOU AGREE THAT YOUR ACCESS TO THE PLATFORM AND SERVICES IS AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE YOU INCUR THROUGH ACCESS TO THE PLATFORM OR SERVICES. EXCEPT WHERE THE LAWS AND REGULATIONS OF A PARTICULAR JURISDICTION CONCERNING WARRANTIES CANNOT BE WAIVED OR EXCLUDED BY AGREEMENT, IMAGETREND EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE PLATFORM AND SERVICES, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU RECOGNIZE THAT THE CURRENT STATE OF TECHNOLOGY DOES NOT ALLOW FOR ERROR-FREE ACCESS TO THE PLATFORM OR SERVICES AND INTERRUPTIONS, CRASHES, AND DOWNTIME MAY OCCUR FROM TIME TO TIME.
The Applications are controlled and operated by ImageTrend from the State of Minnesota in the United States, and are not intended to subject ImageTrend or its affiliates to the laws or jurisdiction of any state, country or territory other than that of the State of Minnesota in the United States.
OWNERSHIP OF THE APPLICATIONS
The Applications (including any content made available through the Applications) are the property of ImageTrend (or its licensors) and are protected by applicable intellectual property laws. The Applications are licensed, not sold, to you. You may utilize the Applications only as permitted by these Terms. You may not, and will not permit any other party to: (1) modify, adapt, alter, translate or create derivative works of the Applications; (2) use or merge the Applications, or any component or element thereof, with other software, databases or services not provided by ImageTrend; (3) sublicense, distribute, sell or otherwise transfer the Applications to any third party; (4) use the Applications as a service bureau, or lease, rent or loan the Applications to any third party; (5) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or structure of the Applications; (6) interfere in any manner with the operation of the Applications; (7) circumvent, or attempt to circumvent, any electronic protection measures in place to regulate or control access to the Applications; (8) create a database by systematically downloading and storing the Applications or their content; (9) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather the Applications or reproduce or circumvent the navigational structure or presentation of the Applications without our express prior written consent; or (10) use the Applications for any commercial purposes. You agree not to develop, distribute or sell any software or other functionality capable of launching, being launched from or otherwise integrated with the Applications. You may not remove, alter or obscure any copyright notice or any other proprietary notice that appears on or in the Applications.
Any logo, trademark, servicemark, domain name, or trade name appearing on the Applications, including “ImageTrend,” (“Marks”), whether registered or not, are the property of ImageTrend or their respective owners. You may not use any Marks without the express written permission of ImageTrend.
GOVERNMENT END USERS
The Applications are a “commercial item” as that term is defined at FAR 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 and is provided to the U.S. Government only as a commercial end item. Consistent with FAR 12.212 and DFARS 227.7202, all U.S. Government End Users acquire the Platform with only those rights set forth herein.
DMCA CLAIMS OF INFRINGEMENT
If You believe in good faith that Your copyrighted work has been reproduced on the Services without authorization in a way that constitutes copyright infringement, You may notify our designated copyright agent by mail to:
Attn: Legal Department Copyright Infringement Agent
20855 Kensington Blvd
Lakeville, MN, 55044
Please provide the following information to ImageTrend:
(1) the identity of the infringed work, and of the allegedly infringing work;
(2) Your name, address, daytime phone number, and E mail address, if available;
(3) a statement that You have a good-faith belief that the use of the copyrighted work is not authorized by the owner, his or her agent, or the law;
(4) a statement of the accuracy of the notice and, under penalty of perjury, that You are authorized to act on behalf of the owner; and
(5) Your electronic or physical signature.
ImageTrend may suspend or terminate your use of or access to the Applications for any reason or no reason at ImageTrend’s sole discretion. Such suspension or termination may result in the permanent deletion of your information or other previously available content.
If any part of this Agreement is for any reason found to be unenforceable, all other parts nevertheless remain enforceable as long as a party’s rights under this Agreement are not materially affected. In lieu of the unenforceable provision, the parties will substitute or add as part of this Agreement an enforceable provision that will be as similar as possible in economic and business objectives as was intended by the unenforceable provision.
ImageTrend reserves the right, at any time and without notice, to add to, change, update, or modify this Agreement, by providing notice to You. Any such addition, change, update, or modification will be effective immediately upon such notice.
Any failure of ImageTrend to perform or delay in the performance of ImageTrend’s obligations under this Agreement due to any cause or event not reasonably within ImageTrend’s control, including but not limited to casualty, pandemics, large scale health emergencies, labor disputes, failure of equipment or carriers or utilities, compliance with governmental authority or Act of God, shall not constitute a breach of this Agreement, and ImageTrend’s performance shall be excused during such period of delay.
USE OF AWARE
Aware is intended for you to store your personal professional and well-being information. Aware accounts are not for use by healthcare providers. 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. The Aware Applications do not hold records for healthcare providers or other medical or case management purposes. For example, Aware records are not ePHI, limited data sets or designated record sets under HIPAA, nor PHRs, nor Mental Health or Alcohol Abuse records as defined under 43 CFR Part 2 or other U.S., State, or local law and regulations. If a healthcare provider nonetheless (and out of compliance these Terms) decides to include any data made available from Aware in its records, it should store a copy in its own system. If you lose your sign-in credentials, or if the account where you got your credentials closes, you will not be able to recover your stored data. ImageTrend does not endorse or control, and is not responsible for, the operation, support, or security of non-ImageTrend credentials you may use. Because Aware is an individualized set of Applications, you further agree to not share your credentials to others.
“The Data” means any information, content, data, user data, device data, or any other data input by you into the Applications; or collected by the Applications as detailed below.
We may also collect:
Data related to your usage of the Applications.
The Data you enter or submit in the Applications.
Information about your device(s) where you use the Applications. We may associate the information we collect from your different devices. We may collect attributes such as the operating system, hardware version, device settings, file and software names and types, battery and signal strength, device identifiers, connection information such as the name of your mobile operator or ISP, browser type, language and time zone, web analytics data (including Google Analytics; you hereby agree to Google’s Google Analytics terms currently located at https://www.google.com/analytics/terms/us.html), performance data, web cookie and web beacon data
Other data by updating these Terms to outline that new data in accordance with the procedures outlined in these Terms.
You hereby grant ImageTrend a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, and to create derivative works of, your data subject to these Terms, and this Data Usage Section.
Product and Service Development
We may use data, including public feedback, to conduct research and development for the further development of our Services in order to provide you and others with a better, more intuitive and personalized experience, drive membership growth and engagement on our products and services, and help improve EMS care providers’ wellbeing, credential management and career tracking.
We seek to improve the wellbeing of EMS care providers. We may use the data available to us to research social, economic and workplace trends. We may work with trusted third parties such as your employer or public health authorities to perform this research, under controls that are designed to protect your privacy. We publish or allow others to publish insights, presented as aggregated data rather than personal data. ImageTrend’s Clinical & Research Team can be reachable via email@example.com.
We may use the data (which can include your communications) needed to investigate, respond to and resolve complaints and Service issues (e.g., bugs).
We may use your information to produce aggregate insights that do not identify you. For example we may use your data to generate statistics about our users.
Security and Investigations
We may use your data (including your communications) if we think it’s necessary for security purposes or to investigate possible fraud or other violations of these Terms and/or attempts to harm our other users.
As Required by Law
We may disclose information about you when required by law, subpoena, or other legal process or if we have a good faith belief that disclosure is reasonably necessary to (1) investigate, prevent, or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (2) enforce our agreements with you, (3) investigate and defend ourselves against any third-party claims or allegations, (4) protect the security or integrity of our Applications or other services (such as by sharing with companies facing similar threats); or (5) exercise or protect the rights and safety of ImageTrend, our employees, personnel, or others.
Change In Control or Sale
We may also share your personal data as part of a sale, merger, divestiture, or change in control, or in preparation for any of these events. Any other entity which buys us or part of our business will have the right to continue to use your data, but only in the manner set out in these Terms unless you agree otherwise.
For Certain Uses After Account Closure
We may retain your personal data even after you have closed your account if reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce our User Agreement, or fulfill your request to “unsubscribe” from further messages from us. We may retain de-personalized information after your account has been closed for any purpose detailed in these Terms. You may de-activate your account sending an email to firstname.lastname@example.org.
In Connection with Your Employer’s Wellness Studies
We may use your personal data to conduct studies, prepare reports, and otherwise investigate the aggregate data as it related to a Department Code used by you and provided to you be your employer or by us. While we will use aggregate data and we will not transmit personally identifying information to your employer by design, in certain small enough population sizes (e.g. small employers) your employer may nonetheless still be able to identify you. Accordingly, you assume all risk of using Aware and specifically, all risk in using a Department Code within the application. Use of the Department Code is voluntary under these terms.
Binding Arbitration and Class Action Waiver. We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. If we can’t, you and we agree to binding individual arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of review under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties. “We,” “our,” and “us” includes ImageTrend, and ImageTrend’s affiliates, suppliers, and licensors.
Mail a Notice of Dispute First. If you have a dispute and our customer service representatives can’t resolve it, send a Notice of Dispute by U.S. Mail to ImageTrend, Inc 20855 Kensington Blvd, Lakeville, MN ATTN: Legal Department. Tell us your name, address, how to contact you, what the problem is, and what you want.
Arbitration Procedure. The AAA will conduct any arbitration under its Commercial Arbitration Rules, in a venue located within Hennepin, Ramsey or Dakota counties Minnesota.
Conflict with AAA Rules. These Terms govern to the extent they conflict with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules.
Must File Within One Year. You and we must file any claim or dispute within one year from when it first could be filed. Otherwise, it’s permanently barred.
Rejecting Future Arbitration Changes. You may reject any change we make to this Dispute Resolution section (except address changes) by sending us notice within 30 days of the change by U.S. Mail to the address in this section at (a). If you do, the most recent version of this Dispute Resolution section before the change you rejected will apply.
If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts won’t be arbitrated but will proceed in court, with the rest proceeding in arbitration. If any other provision of this section is found to be illegal or unenforceable, that provision will be severed but the rest of this Dispute Resolution section still applies.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the use of the Applications, whether between you, ImageTrend or its affiliates.