Terms of Use

Acceptance

THESE TERMS OF USE, AS AMENDED FROM TIME TO TIME, (“Terms of Use”), ARE A BINDING CONTRACT BETWEEN WAYSTRIDE, INC. (“WayStride”) AND YOU, AND GOVERNS YOUR USE OF THE WAYSTRIDE MOBILE APPLICATION, WEBSITE(S) AND ANY CONTENT MADE AVAILABLE TO YOU THEREIN (collectively, the “Service”). YOU MUST READ AND AGREE TO THESE TERMS, INCLUDING THE PRIVACY POLICY, BEFORE USING THE SERVICE.  BY USING THE SERVICE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE. YOU MUST BE AT LEAST THIRTEEN (13) YEARS OLD TO USE THE SERVICE.

WayStride reserves the right to make changes to these Terms of Use at any time and at its discretion. If you do not agree with such changes you should cease using the Service. Your continued use of the Service after any such changes to the Terms of Use shall be deemed acceptance of any such new or modified terms.

Description of the Service

WayStride operates the Service through a mobile application available on certain mobile devices intended to use the location of the device to assist you in navigating the physical facilities of health care providers, including, but not limited to, hospital facilities.

Privacy

Please review our Privacy Policy. Our Privacy Policy is part of and incorporated into these terms. We reserve the right to contact you about these Terms of Use or any context or activities relating to the Service.

Use of the Service; Modifications; Restrictions on Use

Subject to these Terms of Use, you are granted a limited, revocable license to access and use the Service. To the extent you choose to access the Service, you do so at your own initiative and agree to use the Service only as permitted by these Terms of Use and any applicable law, regulation, or additional policies or guidelines that WayStride may make available.  The Service, or any feature or part thereof, may not be available in all languages or in all countries and WayStride makes no representation that the Service, or any feature or part thereof, is appropriate or available for use in any particular location.  WayStride reserves the right to modify or discontinue, and restrict or block access to, the Service without notice to you.

In accessing or using the Service, you must not:

  1. remove, obscure or alter any copyright notices, trademarks, or any other proprietary rights or legal notices, documents or hyperlinks that may appear in or be provided through the Service;
  2. access or use the Service in any manner that attempts to copy, extract, scrape or reutilize any portions of the data or content provided by the Service, including bulk downloads or feeds of location data or imagery, or the creation of any databases based upon results from the Service;
  3. reproduce, modify, translate, or create derivative works of the Service or any portion thereof;
  4. decompile, decrypt, reverse engineer, disassemble, or attempt to derive the source code of, the Service or any portion thereof;
  5. rent, lease, loan, sublicense, publish, transfer, sell, or redistribute access to or use of the Service, or any portion thereof, in any manner;
  6. exploit the Service in violation of these Terms of Use or in any unauthorized way whatsoever, including, but not limited to, using the Service to transmit any computer viruses, worms, trojan horses or other malware, or by trespass,  burdening network capacity, or otherwise interfering with other users’ enjoyment of the Service; or
  7. use the Service in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and you agree that WayStride is not in any way responsible for any such use by you.

Termination of Use of the Service

You may terminate your use of the Service at any time and for any reason.

WayStride may change, suspend, remove, or disable access to the Service, or any feature or part thereof, at any time without notice or liability, and may also impose limits on the use of or access to the Service, or any feature or part thereof, in any case and without notice or liability. WayStride may also block your access to the Service at any time and for any reason we deem appropriate, at our sole and absolute discretion.

Disclaimer of Warranties 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND SOLE RISK.  WAYSTRIDE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE OR TIMELY.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, WAYSTRIDE (AND ITS AFFILIATES, SUBSIDIARIES, OWNERS, OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS) EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN PARTICULAR, WAYSTRIDE AND ITS AFFILIATES, SUBSIDIARIES, OWNERS, OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED.

Any and all content provided by the Service is made available for informational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, or property or environmental damage.

Indemnification

You agree to hold WayStride, its affiliates, subsidiaries, officers, directors, employees, agents, attorneys, suppliers, vendors, and each of their respective successors and assigns (collectively, the “Indemnified Persons”), harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including reasonable attorney’s fees and expenses, relating to any claim arising out of or relating to your access to and/or use of the Service and/or your violation of these Terms of Use.

Limitation of Liability

To the maximum extent permitted by law, none of the Indemnified Persons are liable to you or to any other person for indirect, incidental, punitive, exemplary, special, statutory, or consequential damages, lost profits, lost revenue, loss of data, loss of privacy, loss of goodwill, or any other losses, even if advised of the possibility of such damages and even in the event of fault, tort (including negligence) or strict or product liability.

Proprietary Rights

You acknowledge and agree that the Service contains proprietary content, information and material that is owned or licensed by WayStride and/or its licensors and suppliers, and is protected by applicable intellectual property and other laws, including, but not limited to, copyright, patent, trademark, and trade secret, and that you will not use such proprietary content, information or materials in any way whatsoever that is inconsistent with these Terms of Use or that infringes any intellectual property rights of WayStride or any third party. No portion of the Service, including any content therein, may be reproduced in whole or in part and you may be held liable for any such unauthorized copying or disclosure.

WayStride’s logos, graphics, trademarks and/or service marks used in connection with the Service are trademarks or registered trademarks of WayStride in the US and/or in other countries. Other trademarks or logos used in connection with the Service may be the trademarks of their respective owners. You are not granted any right or license in any of the foregoing trademarks, and further agree that you shall not remove, obscure or alter any proprietary notices (including trademark and copyright notices) that may be contained within the Service.

Controlling Law, Venue and Severability

These Terms of Use will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, excluding its conflict of law principles. You agree to the personal jurisdiction by and venue in the state and federal courts in Washington County, Pennsylvania, and waive any objection to such jurisdiction or venue. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of these Terms of Use shall continue in full force and effect.

Further Information

We have no obligation to provide you with customer support at any time. If you have a complaint, you may contact us at WayStride, Inc., 65 LeMoyne Ave, Washington, PA 15301 U.S.A. If you are a California resident, the Complaint Assistance Unit of the Division of Consumer Services of the Dept. of Consumer Affairs may be contacted at 400 R Street, Sacramento, CA 95814 or (800) 952-5210.

Last updated: March 2, 2017

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