End-User License Agreement
Please read the following text carefully.
By using the Motion Capture Tool Wellness Application Dr. MOOVES A&D application ("Application"), the user ("you") is agreeing to be bound by the following end-user license agreement ("EULA"). This Application is provided free of charge by Playing Forward INC which is herein collectively referred to as the Author. If you do not agree to the terms therein, you must follow the steps listed in the Termination section of this agreement.
Not a Diagnostic
The Application is not designed to be used as a diagnostic tool for any disease or medical condition; you may only use it as a pre-screening tool to assist in determining whether or not a diagnostic should be sought from a qualified physician. You agree to hold the Authors harmless for any misprediction or incorrect advice dispensed by the Application. While Dr. MOOVES A&D does not warrant or represent that use of the application is reimbursable by third-party payers (the product was created by the Chief Medical Advisor - a licensed psychiatrist and Medicare provider) the following billing codes for Remote Monitoring, Data Analysis and Treatment Modification apply: 99454, 99457, 99458.
Legal Disclaimer Agreement
The Motion Capture Tool Wellness Application (Dr. MOOVES A&D app) for biometric body movement positions during a gaming session. The Dr. MOOVES A&D Application has not been evaluated by the FDA to diagnose, treat, cure or prevent any disease or medical condition. Users of the Application are encouraged to discuss the benefits of the Dr. MOOVES A&D Application with their medical professional as well as whether the cost of the Dr. MOOVES A&D Application is reimbursable through third party payors.
Data Use Agreement
By accepting this agreement, You agree to give us permission to collect data concerning profile questions. Data collected by this Application will not be transmitted to any third party. No personal/sensitive info will be identifiable and will be stored according to HIPAA guidelines. This Application provides hyperlinks to additional resources which you may use to learn more about the methodology used by this Application. It also provides functionality allow you to share the Application with third parties. During these events, data necessary to fulfill their completion are transmitted in an unspecified manner.
The Authors grant you a revocable, non-exclusive, non-transferable, limited right to install the Application on one or more mobile devices owned and controlled by You via Apple Inc.'s App Store and to use the Application on devices that You own strictly in accordance with the terms and conditions of this License.
You agree not to, and You will not permit others to:
- license, sell, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application.
- modify, disassemble, or reverse-engineer the Application.
- use the Application as a basis for the diagnosis of any particular medical condition.
This agreement shall remain in effect until terminated by You or the Authors. The authors may, in their sole and absolute discretion, terminate or suspend this agreement for any reason and without prior notification.
This agreement will terminate immediately, without prior notice from the Authors, in the event that you fail to comply with any provision of this EULA.
You may also terminate this agreement by deleting the Application and all copies of it from devices under your control.
If you decline to accept this EULA or upto the termination thereof, you must discontinue using the Application and remove it from devices under your control.
Modifications to Application
The Authors reserve the right to modify, suspend or discontinue (temporarily or permanently) the Application or any service under their control to which it connects, with or without notice and without liability to you.
If any provision of this Agreement is held to be unenforceable or invalid, such provision shall be changed and interpreted to accomplish the objectives of such provision to the greatest extant possible under applicable law and the remaining provisions will continue in full effect.
Governing Law and Jurisdiction
You agree that all matters relating to your access to or use of the Application, including all disputes, will be governed by the laws of the State of California and the laws of the United States without regard to its conflicts of law provisions. You agree to the personal jurisdiction and venue in the state and federal courts of Los Angeles, California and waive any jurisdiction. any claim under this EULA must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or recieved for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between the Authors and you arising out of or in connection with your use of the Application, the parties shall attempt, promptly and in good faith, to resolve any dispute.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AUTHORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE TWITTER ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
We are committed to protecting your privacy and providing a safe online experience. This Privacy Statement applies to our Practice's website and governs our data collection and usage practices. By using this website, you consent to the data practices described in this Privacy Statement.
Collection of your Personal Information
This Practice collects personally identifiable information provided by you, such as your e-mail address, name, home or work address or telephone number. This Practice also collects anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites. There is also information about your computer hardware and software that is automatically collected by this website. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of this website. Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through public message boards, this information may be collected and used by others. This Practice encourages you to review the privacy statements of websites you choose to link to from the website so that you can understand how those websites collect, use and share your information. This Practice is not responsible for the privacy statements or other content on any other websites.
Use of your Personal Information
This Practice collects and uses your personal information to operate the website and deliver the services you have requested. This Practice also uses your personally identifiable information to inform you of other products or services available from this Practice and its affiliates. This Practice may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered. This Practice does not sell, rent or lease its customer lists to third parties. This Practice may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services and they are required to maintain the confidentiality of your information. This Practice does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent. This Practice will disclose your personal information, without notice, only if required to do so by law.
The website uses "cookies" to help this Practice personalize your online experience. A cookie is a text file that is placed on your hard disk by a webpage server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
Security of your Personal Information
This Practice secures your personal information from unauthorized access, use or disclosure. This Practice secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
Changes to this Statement
This Practice will occasionally update this Privacy Statement to reflect company and customer feedback. We encourage you to periodically review this Privacy Statement to be informed of how this Practice is protecting your information.
Please contact us by phone at 424-369-7806 or by mail at 954 Lexington Ave., 247, New York, NY 10021.