Last revised: June 25, 2019
IF YOU HAVE NOT READ THE AGREEMENT, DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THE AGREEMENT, OR ARE NOT ABLE TO CONSENT TO BE BOUND BY THE AGREEMENT (E.G., IF YOU ARE NOT OLD ENOUGH TO ENTER INTO A BINDING LEGAL CONTRACT), DO NOT USE OUR APPS OR WEBSITE.
1. Scope and Acceptance
Anyone who accesses or uses our Apps or Website is an “End User.” The Agreement sets forth your rights and obligations as an End User with respect to your access to and use of the Apps or Website and use of any and all information or data of any kind arising from access to, or use of, the Apps or Website, including, without limitation, any text, graphics, images, art work, sound recordings, audio, video, and software.
If you are accessing or using any part of the Apps or Website on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized (a) to accept these terms on its behalf and (b) to bind such business, organization, or entity to the Agreement.
3. Description of Apps and Website
The APPS allow users to connect the Active Protective TangoTMbelt to a WiFi network, adjust customizable settings and notifications on the belt, and designate recipients of notifications. The APPS also provide a “dashboard” display of various metrics related to belt usage and motions that are relevant to the care team of the wearer, including but not limited to compliance, daily wear, confidence, mobility, and stability.
The APPS do not provide individually-identifiable data to the care team unless the wearer or their Power of Attorney consent to data sharing, as recorded electronically via the APPS during wearer profile creation.
The WEBSITE provides general information about the Tango belt and Active Protective, including how the belt works, Active Protective information, frequently asked questions, select news articles, and contact information. The WEBSITE also allows prospective customers to inquire about ordering the belt by entering basic information, such as their contact information, company name, and facility/community size. The WEBSITE also allows users to submit general inquiries or sign up for the Active Protective newsletter by providing the user’s email address.
The specific features and functionality of the Apps or Website are dynamic and may change from time to time. We reserve complete discretion with respect to the operation of the Apps or Website. We also reserve the right to withdraw, suspend, or discontinue any functionality or feature of the Apps or Website at any time.
We make great efforts to provide accurate information on the Apps or Website. However, we disclaim—and you release us from any liability regarding—errors, inaccuracies, and omissions of the Apps or Website. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. Active Protective makes no guarantees whatsoever as to the completeness, timeliness, correctness, or accuracy of the materials or data available through the Apps or Website. If you believe any portion of the Apps or Website includes an error or inaccuracy, please notify us.
6. Permitted Use
Certain Active Protective materials provided through the Apps or Website are protected by intellectual property laws, including but not limited to U.S. copyright laws. You expressly acknowledge and agree that the content accessible through the Apps or Website that is not expressly designated as being provided by another End User is the property of Active Protective and its content providers, and Active Protective and its content providers retain all right, title, and interest in the content.
Subject to the terms of this Agreement, you are granted a limited, personal, non-exclusive, non-sublicensable, non-assignable, non-transferable, and revocable license to access and use the Apps or Website and related materials solely for your own non-commercial use. Except as expressly provided, all rights are reserved. Nothing contained in this Agreement or on the Apps or Website shall be construed as conferring by implication, estoppels or otherwise any license or right under any patent or trademark of Active Protective, or any third party.
Except as expressly permitted by the Agreement, in connection with the use of the Apps or Website, you may not:
(a) alter or modify the Apps or Website, or make any electronic reproduction, adaptation, distribution, performance, or display of the Apps or Website, or any portion thereof, except to the extent required for the limited purpose of reviewing material on the Apps or Website; or
(b) sell, rent, lease, transfer, distribute, broadcast, display, provide, or otherwise assign to any third party any rights to the Apps or Website, or related materials; or
(c) remove or modify any proprietary notice or labels on the Apps or Website, or related materials, including author attribution and copyright notices, or use any of our trademarks as meta-tags on any other Apps or Website; or
(d) use the Apps or Website for any non-authorized purpose or any illegal purpose; or
(e) copy, modify, erase, or damage any information contained on computer servers used or controlled by Active Protective or any third party; or
(f) use the Apps or Website to violate any legal right of any third party, including any publicity or privacy right, copyright, or other intellectual property right, or to take any action that is harassing, libelous, defamatory, abusive, tortious, threatening, harmful, or otherwise objectionable; or
(g) access or use any password-protected, secure, or non-public areas of the Apps or Website, or access data on the Apps or Website not intended for you, except as specifically authorized by Active Protective; or
(h) impersonate or misrepresent your affiliation with any person or entity; or
(i) use any automated means to access or use the Apps or Website, including scripts, bots, scrapers, data miners, or similar software, or display the Apps or Website, or portions thereof, in things (e.g., framing, scraping, etc.), without our express written permission; or
(j) attempt to or actually disrupt, impair, or interfere with the Apps or Website, or any information, data, or materials posted and/or displayed by Active Protective; or
(k) attempt to probe, scan, or test the vulnerability of the Apps or Website or breach any implemented security or authentication measures, regardless of your motives or intent; or
(l) attempt to interfere with or disrupt access to or use of the Apps or Website by any user, processor, host, or network, including, without limitation, by submitting a virus, worm, Trojan horse, or other malicious code.
7. Third Party Properties Referred to on the Apps or Website
Our Apps or Website may refer to physical venues, geographical sites, websites on the Internet, and/or products or services that are not under the control of or maintained by Active Protective (“Third Party Properties”). Unless expressly stated to the contrary, such references do not constitute an affiliation with or endorsement by Active Protective of any such Third Party Properties. You acknowledge that Active Protective is providing any references to such Third Party Properties to you solely as a convenience to you, and you agree that Active Protective is not responsible for any injury, harm, damages, or negative experience you may encounter by accessing, visiting, or using such Third Party Properties. Active Protective does not endorse or make any representations about any Third Party Properties. If you access, visit, or use any Third Party Properties referred to on our Apps or Website, you do so at your own risk.
8. Availability of the Apps or Website
It is not possible to operate our Apps or Website with 100% guaranteed uptime. Active Protective will make reasonable efforts to keep our Apps or Website operational. However, certain technical difficulties, routine site maintenance and upgrades, and other events may, from time to time, result in interruptions to or outages of our Apps or Website. You agree that Active Protective shall not be liable to you or to any third party for any direct or indirect consequence of any modification, suspension, discontinuance of, or interruption to our Apps or Website.
THE APPS AND WEBSITE ARE PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY PROVIDED, ACTIVE PROTECTIVEDOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, INCLUDING EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, REGARDING (A) THE APPS OR WEBSITE; AND (B) ANY PRODUCTS AND SERVICES OFFERED THROUGH THE APPS OR WEBSITE, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE.
ACTIVE PROTECTIVE MAKES NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL OR CONTENT DISPLAYED ON OR OFFERED THROUGH THE APPS OR WEBSITE IS ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. ACTIVE PROTECTIVE ALSOMAKES NO REPRESENTATIONS OR WARRANTIES THAT THE APPS OR WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO AND USE OF THE APPS OR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
10. Limitation of Liability and Release
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL ACTIVE PROTECTIVE OR ANY OF ITS AFFILIATES OR SUPPLIERS (INCLUDING ANY OF ITS OR THEIR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNEES) BE LIABLE TO YOU (INCLUDING ANY OF YOUR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNEES) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN CONTRACT, EQUITY, INTENDED CONDUCT, TORT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, AND STRICT LIABILITY IN TORT), NOR FOR ANY DAMAGES ARISING FROM DELAY, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO DATA, INTERRUPTION IN USE OR AVAILABILITY OF DATA, LOSS OF USE OF MONEY OR USE OF PRODUCTS, LOST PROFITS, REVENUE OR SAVINGS (ACTUAL OR ANTICIPATED), OR OTHER ECONOMIC LOSS ENSUING FROM OR IN CONNECTION WITH THE EXISTENCE, ACCESS TO, USE OF, OR INABILITY TO USE THE APPS OR WEBSITE OR RELATING TO ANY MATERIALS, INFORMATION, QUALIFICATION, OR RECOMMENDATIONS ON THE APPS OR WEBSITE, EVEN IF ACTIVE PROTECTIVE OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Despite the foregoing limitation of liability for damages, if a court or other tribunal of competent jurisdiction decides to award monetary damages to you for any claim or cause of action arising from the same, the amount of monetary damages for such claim or cause of action shall not exceed one hundred U.S. dollars ($100).
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ACTIVE PROTECTIVE, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ALL CLAIMS, DEMANDS, LAWSUITS, DAMAGES, LIABILITIES, LOSSES, COSTS, OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE FEES AND DISBURSEMENTS OF COUNSEL AND COURT COSTS), JUDGMENTS, SETTLEMENTS, AND PENALTIES OF EVERY KIND ARISING FROM OR RELATING TO ANY VIOLATION OF THIS AGREEMENT AND ANY ACTIVITY RELATED TO YOUR USE OF THE APPS OR WEBSITE OR THE INFORMATION CONTAINED ON THE APPS OR WEBSITE.
You agree that Active Protective may, to the extent feasible, in its sole discretion, and without prior notice, terminate your access to or use of any portion of our Apps or Website at any time and for any reason, with or without cause. You also agree that any violation by you of the Agreement will constitute an unlawful and unfair business practice that will cause irreparable harm to Active Protective for which monetary damages would be inadequate. You consent to Active Protective’ obtaining any injunctive or equitable relief that Active Protective deems necessary or appropriate in such circumstances, without the need for a bond. These remedies are in addition to any other remedies Active Protective may have at law or in equity.
13. Intellectual Property Infringement Complaints
If you believe a work protected by a U.S. copyright you own has been posted on the Apps or Website without authorization, you may notify our copyright agent, and provide the following information:
(a) a physical or electronic signature of the person authorized to act on behalf of the copyright owner;
(b) identification of the copyrighted work or works claimed to have been infringed;
(c) a detailed description of the material you claim is infringing, together with information sufficient to enable us to locate it, including the URL or other description of where the infringing material appears;
(d) your name, mailing address, telephone number, and e-mail address;
(e) a statement by you that you believe in good faith that the copyrighted material identified is being used in a manner that is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you that the above information is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright allegedly infringed.
To notify Active Protective of a claimed copyright infringement, please contact:
Active Protective Technologies, Inc.
580 Virginia Drive, Suite 230
Fort Washington, PA 19034
At any time and in Active Protective’s sole discretion, we may add, delete, or modify the Agreement. We will use commercially reasonable efforts to publish any revised portion of the Agreement, for example, by publishing the latest version of these terms and conditions at https://www.tangobelt.com/termsofuse. Should you deem any such addition, deletion, or modification to the Agreement unacceptable, you shall stop accessing and using the Apps or Website. All changes to the Agreement shall be effective immediately.
14.2 Access and Use Where Prohibited
Access to and use of our Apps or Website are unauthorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation this provision.
14.1 Operation of the Apps or Website from the United States of America
By accessing and using the Apps or Website, you acknowledge and agree that Active Protective controls and operates all parts of the Apps or Website from its offices in the United States of America and that the Apps or Website, and the information contained on the Apps or Website, is intended for use by End Users located in the United States of America. Other countries may have laws, regulatory requirements and medical practices that differ from those in the United State of America. Unless expressly stated to the contrary, Active Protective makes no representation that the Apps or Website, or the information contained on the Apps or Website, is appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all material and content found on or accessible through the Apps or Website is solely directed to individuals, companies, or other entities located in the United States of America. Active Protective reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on or through the Apps or Website is void where prohibited. If you access or use the Apps or Website from outside the United States of America, you are entirely responsible for compliance with applicable local laws and other applicable laws. You may not use any portion of the Apps or Website in violation of applicable export laws and regulations.
14.2 Applicable Law and Venue
Any action related to the Agreement will be governed by the laws of the Commonwealth of Pennsylvania, without regard to the choice or conflicts of law provisions of any jurisdiction. You and Active Protective agree and consent that jurisdiction, proper venue, and the most convenient forums for all claims, actions, and proceedings of any kind relating to our Apps or Website or the Agreement will be exclusively in the federal or state courts of the Commonwealth of Pennsylvania.
14.3 Dispute Resolution
Active Protectiveintends to resolve any and all disputes that may arise between it and its End Users in a cost-effective and non-disruptive manner, preferably without the time and expense of litigation. Toward this end, you agree to the following dispute resolution procedure. If you are unable to resolve any dispute in the ordinary course of business, you shall send a written notice to Active Protective in which you outline the issues in dispute, enclose any relevant documents, and state the requested relief. Active Protective shall respond within ten (10) business days with identical information from its perspective. You and a representative of Active Protective shall meet or communicate electronically within ten (10) business days of the delivery of the response, and as often as you and Active Protective mutually deem necessary or desirable thereafter, in an attempt to resolve the matter. If, within sixty (60) days of the first communication, you and Active Protective fail to resolve the matter, you and Active Protective shall seek to mediate the dispute with a neutral third party. Neither party shall seek further legal action unless such mediation fails to achieve a resolution acceptable to both parties. You agree that you will not bring or be a party to any class-action lawsuit against Active Protective.
14.4 Unsolicited Materials and End User’s Grant of Limited Licensed
In operating our Apps or Website, Active Protective does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Apps or Website, our mail and e-mail addresses, or in any other way. Any information or material submitted or sent to Active Protective (including, but not limited to, comments, questions, feedback, data, suggestions, ideas and the like) will be deemed to be not confidential or secret. By submitting or sending information or other material to Active Protective, you represent and warrant that the information is original to you and that no other party has any rights to the material.
By communicating with Active Protective, including submitting or sending content to us, you grant Active Protective the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating the content, in whole or in part, into a Active Protective feature. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any content or part thereof, or other communication to Active Protective. You also warrant that any "moral rights" in such content is waived.
If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
No failure or delay in enforcing any provision, exercising any option, or requiring performance, shall be construed to be a waiver of that or any other right in connection with the Agreement.
No action arising out of this Agreement or your access to or use of our Apps or Website, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) and you hereby waive any longer statute of limitations that may be permitted by law.
If Active Protective does take any legal action against you as a result of your violation of the Agreement, Active Protective will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Active Protective. You agree that Active Protective will not be liable to you or to any third party for termination of your access to, or use of, any of our Apps or Website as a result of any violation of the Agreement or for any reason at all.
You may not assign, by operation of law or otherwise, any rights or delegate any duties under the Agreement to any third party without prior written consent by Active Protective. Any purported assignment lacking such consent will be void at its inception. Active Protective may assign all or part of its rights and/or delegate all or part of its duties under the Agreement to any party, at any time, and in its sole discretion, upon notice of assignment by posting such notice on our Apps or Website.