IMPORTANT – READ CAREFULLY BEFORE USING APPLICATION
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE TELA APPLICATION. BY CLICKING THE INSTALL BUTTON, AND INSTALLING THE APPLICATION, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE APPLICATION.
By continuing to use the Application, You agree as follows:
If You do not agree with and accept the Terms in this Agreement, please discontinue all further use of the Application. Do not continue the installation process and immediately delete all installed files, if any, of the accompanying Application from Your device.
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND TREATMENT TRACKER WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU CAN OPT OUT OF THE AGREEMENT TO ARBITRATE BY CONTACTING HELP@TELA.APP WITHIN 30 DAYS OF ACCEPTING THESE TERMS.
Effective: August 16, 2018
MEDICAL ADVICE DISCLAIMER
The Application is intended to provide a convenient platform whereby You can track Your treatments and symptoms in order to better enable You to communicate information with Your healthcare providers and be an active participant with those providers in monitoring Your care, tailoring interventions, and assessing treatment outcomes. It is not intended for use by healthcare providers and patients in connection with active patient monitoring so as to allow immediate clinical action or continuous monitoring by a health care provider or the patient. If at any time You are concerned about Your care or the treatment, or You believe or someone else advises You that You have or suspect that You have a serious or life-threatening condition, call 9-1-1 in areas where that service is available, or go to the nearest emergency room.
THE APPLICATION CANNOT AND IS NOT DESIGNED, INTENDED, OR APPROPRIATE TO REPLACE THE RELATIONSHIP YOU HAVE WITH YOUR HEALTH CARE PROFESSIONALS OR TO ADDRESS SERIOUS, EMERGENT, OR LIFE THREATENING MEDICAL CONDITIONS AND SHOULD NOT BE USED IN THOSE CIRCUMSTANCES.
Any medical advice provided by a provider and/or clinician using information from the Application is based on the personal health data You provide. If You do not provide complete and accurate personal health information, the medical advice You receive may not be correct. Questions and information collected through the Application are designed for informational and/or research purposes and to identify potential patterns in symptomologies and treatments; the Application and/or any data derived from the Application are in no way intended to replace or supplant the independent clinical judgment of a qualified healthcare professional.
FURTHER, A PROVIDER’S OR RESEARCHER’S USE OF OUR APPLICATION IS NOT AN ENDORSEMENT OR RECOMMENDATION OF SUCH PROVIDER OR RESEARCHER BY TELA. THE MEDICAL ADVICE PROVIDED TO YOU BY YOUR HEALTHCARE PROVIDER OR ANY OTHER PROFESSIONAL IS NOT UNDER THE CONTROL OF TELA, NOR IS IT PROVIDED TO OR USED BY TELA.
By accessing and using the App, You accept responsibility for Yourself in Your use of the Application. You acknowledge that Your relationship for healthcare services is with Your provider(s) and Your obtaining services from any such providers/clinicians is solely at Your own risk. By using the Application, You agree to not hold Tela liable in any way for any malpractice or substandard treatment any such provider(s)/clinician(s) may provide.
Tela does not confirm the credentials of any healthcare professional using the Application. Tela does not validate that any such persons are in good standing with their respective licensure board(s) or that they are using the Application in accordance with laws applicable to the practice of medicine. It is YOUR responsibility to separately confirm that a healthcare provider is in good standing with his or her respective licensing board(s) and to exercise whatever other due diligence You feel appropriate in selecting and maintaining Your choice of healthcare professionals.
General information available through the Application about medical conditions, symptomology, available drugs, or treatment options is provided for general educational purposes only. Never disregard, avoid, or delay in obtaining medical advice from a physician or other qualified healthcare professional because of something contained in the App. If You have or suspect that You have an urgent medical problem or condition, please contact a qualified healthcare professional immediately. THE CONTENT IN THE APP IS NOT AND SHOULD NOT BE CONSIDERED MEDICAL ADVICE OR A SUBSTITUTE FOR INDIVIDUAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU SHOULD ALWAYS TALK TO YOUR HEALTHCARE PROVIDERS FOR DIAGNOSIS AND TREATMENT, INCLUDING INFORMATION REGARDING WHICH DRUGS, THERAPY, OR OTHER TREATMENT MAY BE APPROPRIATE FOR YOU.
Tela reserves the right, at its sole discretion, to modify, discontinue, or terminate the Application or to modify these Terms, at any time and without prior notice. If We modify these Terms, We will post a link to the modified Terms in the Application and create an update in the App Store. By continuing to access or use the Application after We have posted a link to the modified Terms in the Application and as an update in the App Store, You agree to be bound by the modified Terms. If the modified Terms are not acceptable to You, You agree to immediately stop using the Application.
Access to and use of the Application is limited to individuals who are at least 18 years of age and residents of the United States. You must register to create an account (“User Account”) and become a “Registered User” to use the Application. To register, You must provide Your name, Your email address, and other information specified in the registration form (“Registration Data”). By registering, and in consideration of the use of the Application, You represent and warrant: (A) the Registration Data that You provide about Yourself is true, accurate, current, and complete; (B) You are at least 18 years of age; and (C) You will maintain and promptly update the Registration Data to keep it at all times true, accurate, current, and complete. You may change or correct information from Your account by logging into Your User Account directly and making the desired changes. You agree not to register for a User Account on behalf of an individual other than Yourself unless You are authorized to bind such person to these Terms. By registering another person, You hereby represent that You are authorized to do so.
Use of the Application is void where prohibited by law or otherwise. By using the Application, You represent and warrant that You have the right, authority, and capacity to agree to and abide by these Terms and that You are not prohibited from using the Application. You understand that Your use of the Application may involve or require the transmission of significant amounts of data. You are solely responsible for all data charges that may be assessed by Your wireless carrier or Internet service provider or that may otherwise arise from Your use of the Application.
Currently, Tela makes the Application available to You free of charge. You acknowledge and agree that Tela reserves the right, in its sole discretion, to charge You for and collect fees from You for the use of the Application. Tela will provide notice of any fee collection via the Application, prior to implementing such a fee, and You will have a choice at that time to continue to use the Application or not. If You choose not to pay, Tela reserves the right to immediately terminate Your access to the Application.
The Application is designed to require users to provide a valid, working e-mail address and password to access and use the Application and Materials. Upon registering, You will create a password. Your e-mail address and the password are, collectively, Your “User Credentials.” You are solely responsible for (A) maintaining the strict confidentiality of Your User Credentials, (B) not allowing another person to use Your User Credentials to access the Application, (C) any and all damages or losses that may be incurred or suffered as a result of any activities that occur under Your User Credentials. You agree to immediately notify Tela in writing by email of any unauthorized use of Your User Credentials or any other compromise of the security of Your User Account. Tela is not and shall not be liable for any harm arising from or relating to the theft of Your User Credentials and/or any resulting access to Your Personal Information, Your disclosure of Your User Credentials, or the use of Your User Credentials by another person or entity. Any attempt to obtain unauthorized access or to exceed authorized access to the Application or Materials shall be considered a trespass and computer fraud and abuse, punishable under provincial, state, and federal laws. Tela hereby notifies You that any or all communications with this App can and will be monitored, captured, recorded, and transmitted to the authorities as deemed necessary by Tela in its sole discretion and without further notice. Notwithstanding the foregoing, as a Registered User, You remain responsible for Your individual compliance with any additional applicable notification requirements related to the unauthorized use of User Credentials or Registered User Personal Information.
LINKS TO THIRD PARTY SITES
OWNERSHIP & DE-IDENTIFIED INFORMATION
RIGHTS AND RESTRICTIONS
Subject to Your compliance with the terms and conditions of these Terms, Tela grants You a limited, personal, non-exclusive, non-transferable license to view, use, and display any Materials solely for Your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Application or Materials, except as expressly permitted in these Terms. No licenses or rights are granted to You by implication or otherwise under any intellectual property rights owned or controlled by Tela or its licensors, except for the licenses and rights expressly granted in these Terms.
You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds, and other content or material that You submit, upload, post, or otherwise make available on or through the Application (each a “Submission”). You may not upload, post, or otherwise make available through the Application any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark, or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on You. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights, or any other harm resulting from any Submission that You make. You have full responsibility for each Submission You make, including its legality, reliability, and appropriateness.
You agree to pay for all royalties, fees, damages, and any other monies owing any person by reason of any Submissions posted by You to or through this App.
When You provide Submissions You agree that those Submissions shall not be in violation of the “Unauthorized Activities” paragraph below and further described in the Acceptable Use Policy. Those prohibitions do not require Tela to monitor, police, or remove any Submissions or other information submitted by You or any other user.
Tela respects copyright law and expects its users to do the same. It is Tela’s policy to terminate, in appropriate circumstances, Registered Users or other account holders who are believed to have infringed the rights of copyright holders.
(a) DMCA Notifications for intellectual property infringement.
If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears in our App, please provide Tela’s designated agent the following information:
Tela’s agent for notice of claims of copyright or trademark infringement on this App can be reached at firstname.lastname@example.org.
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
(b) Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to Tela designated agent that includes all of the following information:
(c) Termination of Repeat Infringers
Tela reserves the right, in its sole discretion, to terminate the account or access of any user of our Application who is the subject of repeated DMCA or other infringement notifications.
TERMINATION AND ACCOUNT CANCELLATION
If You breach any of these Terms, Tela will have the right to suspend or disable Your User Account or terminate these Terms, at its sole discretion and without prior notice to You. Tela reserves the right to revoke Your access to and use of the Application and Materials at any time, with or without cause.
THE APPLICATION AND MATERIALS ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TELA EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. TELA MAKES NO WARRANTY THAT THE APPLICATION OR MATERIALS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. TELA MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, APPLICATION, OR MATERIALS ACCESSED OR PURCHASED THROUGH THE APPLICATION OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TREATMENT TRACKER OR THROUGH THE APPLICATION OR MATERIALS, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH APPLICATION AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE APPLICATION, INCLUDING, WITHOUT LIMITATION, PROVIDERS, CLINICIAN/CAREGIVERS, OR AUTHORIZED THIRD PARTIES. YOU UNDERSTAND THAT TELA DOES NOT TAKE RESPONSIBILITY FOR SCREENING OR INQUIRY INTO THE BACKGROUND OF ANY USERS OF THE APPLICATION, INCLUDING, WITHOUT LIMITATION, PROVIDERS AND/OR CLINICIANS/CAREGIVERS, NOR DOES TELA VERIFY OR TAKE RESPONSIBILITY FOR THE STATEMENTS OF ANY SUCH USERS OF THE APPLICATION. TELA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE APPLICATION, INCLUDING, WITHOUT LIMITATION, PROVIDERS AND/OR CLINICIANS/CAREGIVERS.
TELA CANNOT ALWAYS FORESEE OR ANTICIPATE TECHNICAL OR OTHER DIFFICULTIES THAT MAY RESULT IN FAILURE TO OBTAIN DATA OR LOSS OF DATA, PERSONALIZATION SETTINGS, OR OTHER SERVICE INTERRUPTIONS. TELA CANNOT ASSUME RESPONSIBILITY FOR THE TIMELINESS, ACCURACY, DELETION, NON-DELIVERY OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS, OR PERSONALIZATION SETTINGS.
You agree to defend, indemnify, and hold Tela, their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, proceedings, or demands including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with Your access to or use of the Application or Materials, Your violation of these Terms, or any negligent or wrongful conduct by You or related to Your User Account by You or any other person accessing this Application or information through Your User Account.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE APPLICATION AND MATERIALS REMAINS WITH YOU. NEITHER TELA NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE APPLICATION OR MATERIALS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR APPLICATIONS, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APPLICATION OR MATERIALS, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE APPLICATION OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TELA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED IN MEETING ITS ESSENTIAL PURPOSE.
IF YOU ARE DISSATISFIED WITH THE APPLICATION, THE MATERIALS, OR THESE TERMS, YOUR REMEDY IS TO DISCONTINUE USING THEM. YOU ACKNOWLEDGE THAT IF YOU USE THE APPLICATION DURING OR IN RELATION TO AN EMERGENT, SERIOUS, OR LIFE THREATENING CONDITION, SUCH USE IS AT YOUR SOLE RISK. TELA IS NOT LIABLE TO YOU OR ANY PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON THE GENERAL EDUCATIONAL INFORMATION INCLUDED IN THE APPLICATION. TELA IS NOT LIABLE TO ANY USER OR PERSON FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF ANY PROVIDERS OR CLINICIANS/CAREGIVERS, WHETHER OR NOT RELYING UPON INFORMATION COLLECTED, GENERATED, OR STORED VIA THE APPLICATION. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, TELA’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00. ANY CLAIM ARISING FROM THE USAGE OF THE APPLICATION OR MATERIALS MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE EVENT FROM WHICH THE CLAIM AROSE.
PROPRIETARY RIGHTS NOTICES
All trademarks, service marks, logos, trade names, and any other proprietary designations of Tela used herein are trademarks or registered trademarks of Tela. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage You to provide feedback, comments, and suggestions for improvements to the Application or Materials (“Feedback”). You may submit Feedback by e-mailing Us at email@example.com. You acknowledge and agree that if You submit any Feedback to Us, You hereby grant to Us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable license under any and all intellectual property rights that You own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.
DISPUTE RESOLUTION, GOVERNING LAW, & VENUE
These Terms shall be governed, construed, and performed in accordance with the laws of the State of California, without regard to conflict of law principles.
You agree that any dispute between You and Tela arising out of or relating to these Terms, including the Acceptable Use Policy will be governed by the dispute resolution procedure outlined below. We want to address Your concerns without needing a formal legal case, so We have included a tiered dispute resolution process.
Before filing a claim against Tela, You agree to try to resolve the Dispute informally by contacting firstname.lastname@example.org. We will try to resolve the dispute informally by contacting You through email. If a dispute is not resolved within 15 days after submission, You may bring a formal proceeding, as outlined below.
In the event of any controversy or claim arising out of or relating to these Terms or a breach thereof, You shall attempt to settle the dispute with non-binding mediation through the American Health Lawyers Association.
You shall, in writing, join Tela in a joint demand for mediation and afterward jointly select a suitable mediator from the AHLA roster. If You and Tela cannot agree upon a mediator, the AHLA shall designate one. The mediation will be conducted according to the AHLA’s Agreement to Mediate. The findings, conclusions, and recommendations of the mediator shall be non-binding, confidential, and inadmissible in arbitration or any other subsequent proceeding. Either You or Tela shall have the right to bypass mediation and/or reject the Mediator’s findings, conclusions, and recommendations. In which event, all claims and disputes shall be exclusively, fully, and finally resolved using binding arbitration through the AHLA. You and Tela agree to employ three (3) arbitrators (the “Panel”), where one arbitrator (1) is selected by You, one (1) is selected by Tela, and the third (3rd) is selected by mutual consent of You and Tela. If You and Tela cannot agree upon the third arbitrator, the first two (2) arbitrators chosen shall select the third arbitrator. The selection decision shall be binding.
The arbitration shall be conducted by telephone, online, and/or be solely based on written submissions—the specific manner to be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Any judgment on the award rendered by the Panel may be entered in any court of competent jurisdiction.
You and Tela shall each pay 50% of all mediator and/or arbitrator costs, expenses, and fees incurred in connection with mediating and/or arbitrating under these Terms.
Any claim or dispute arising under these Terms must be initiated for mediation and/or arbitration within two (2) years from its accrual date. Any claim or dispute initiated two (2) years or longer from its accrual date shall be time-barred and dismissed.
Exceptions to Agreement to Arbitrate: Tela may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Application or Materials or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in the informal dispute-resolution process described above.
Notwithstanding the above, You can decline or “opt out” of the alternative dispute resolution process described above by contacting email@example.com within 30 days of first accepting these Terms and stating that You (first and last name) decline this dispute resolution process.
If You opt-out of the dispute resolution process described in this section, or if any matter is otherwise determined not to be subject to such dispute resolution process, You hereby submit to the exclusive jurisdiction of any state or federal court sitting in the State of California within twenty-five (25) miles of San Francisco, California, in any legal proceeding arising out of or relating to these Terms. You agree that any and all claims and matters arising out of these Terms, unless subject to the dispute resolution process described above, may be heard and determined in any such court, and You hereby waive any right to object to such filing on grounds of improper venue, forum non-conveniens, or other venue-related grounds, unless such objection asserts that the claim or matter in dispute is subject to determination through the dispute resolution process described above.
These Terms, including the Acceptable Use Policy and any other terms incorporated herein by reference, constitute the entire and exclusive understanding and agreement between Tela and You regarding the Application and Materials, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Tela and You regarding the Application and Materials.
You may not assign or transfer these Terms, by operation of law or otherwise, without Tela’s prior written consent. Any attempt by You to assign or transfer these Terms, without such consent, will be null and of no effect. Tela may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by Tela via email (in each case to the address that You provide); (ii) by posting to the App; and/or (iii) as an update in the App Store. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of Tela to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Tela. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If, for any reason, a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
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