Terms and Conditions of Use for ALS Mobile Analyzer

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE ALS MOBILE ANALYZER APPLICATION. THESE TERMS AND CONDITIONS OF USE ARE A LEGALLY BINDING AGREEMENT BETWEEN PRIZE4LIFE AND YOU.

Limited License

Prize4Life hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access, view and use our amyotrophic lateral sclerosis disease (“ALS”) mobile application (the “ALS Mobile Analyzer”) and the information, materials and documents on the ALS Mobile Analyzer (collectively defined as the “Content”) that we provide on our ALS Mobile Analyzer, solely for your personal, internal, non-commercial use, on condition that you comply with all your obligations under the following terms and conditions (“Terms”) and all modifications thereto. We grant you no other rights, implied or otherwise.

By accessing and/or using our ALS Mobile Analyzer, you are agreeing to comply with and be bound by the following Terms.

If you do not agree to these Terms at any time, you should not access or use this ALS Mobile Analyzer.

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the ALS Mobile Analyzer and the Content provided therein.

The term “Prize4Life”, “us”, “we” or “our”, refers to Prize4Life, the owner of the ALS Mobile Analyzer. The term “you” and “user” refers to the viewer and user of our ALS Mobile Analyzer.

These Terms are void where prohibited by law, and the right to view and/or use the ALS Mobile Analyzer is revoked in such jurisdictions.

General

Research with the ALS Mobile Analyzer is designed to help Prize4Life and research partners to understand ALS. The ALS Mobile Analyzer is the mobile application through which you participate in the Prize4Life research (the “Research”).

Nothing about the ALS Mobile Analyzer or the Research should be used to suggest a treatment for any patient. Participation in the Research or use of this ALS Mobile Analyzer will not benefit individual patients. The ALS Mobile Analyzer is not a health care provider and is no substitute for treatment by a physician or other health care provider.

Use of the ALS Mobile Analyzer is at the sole discretion of Prize4Life. Prize4Life reserves the right to terminate the ALS Mobile Analyzer or the Research at any time, limit its use, or disallow certain individuals from using it. Prize4Life shall not be liable to anyone for any claim of loss or damage related to such decisions.

A person who uses the ALS Mobile Analyzer in any way contrary to these Terms and Conditions will have his access to personal information immediately canceled. If you become aware of any such violation, please contact the ALS Mobile Analyzer administrator at: als_analyzer@prize4life.org.

The ALS Mobile Analyzer depends on its users to input accurate information. Prize4Life does not verify the accuracy or truth of such information. You hereby agree to input accurate and truthful information when you participate in the Research.

ALS Mobile Analyzer Users

The ALS Mobile Analyzer is designed for users over 18 years of age, and is open for participation by anyone, whether or not he or she has ALS.

The ALS Mobile Analyzer collects the following information about you (“Personal Information”):

• Information collected upon registration: When you register to our ALS Mobile Analyzer, you provide us with personal Information about yourself, such as your name, username, account password,

e-mail address, and any other personal or preference information that you provide to us.

• Performance based on mobile phone sensors: The ALS Mobile Analyzer can collect data, including but not limited to voice recordings and data collected in connection with your performance of specified tasks while holding your mobile device, through sensors on your mobile device, or certain wearable activity devices that allow import into your mobile device, as well as other data that you may have provided to health-related apps separately.

• Health Surveys and functional questionnaire: The ALS Mobile Analyzer will ask you to answer questions about yourself, your medical history, and your current health. You may choose to leave any questions that you do not wish to answer blank. The ALS Mobile Analyzer will also ask you about the way you perform certain daily tasks.

• Standard Log Information: The ALS Mobile Analyzer automatically collects standard server log information, such the type of device from which the ALS Mobile Analyzer was used, its model and operating system version and details of how you used the ALS Mobile Analyzer (e.g. history of page requests such as uploading data or signing in and date/time of request).

• Other information you provide: We also receive other Personal Information you may provide, such as comments or questions you provide while using the ALS Mobile Analyzer.

• Contacting us: If you email or otherwise contact us, we may keep your message, email address and contact information to respond to your request. Providing such information by you is entirely optional.

The ALS Mobile Analyzer transmits your Personal Information to our secure database (the “Primary Database”) along with the Personal Information of other users.  We make available only non-personally-identifying fields of the Primary Database for use by our Research partners (“Research Information”).

Users are not permitted to view any identifiable information about other users or any proprietary information about the Research.

Research Information may be used by Prize4Life and its research partners, to perform ALS-related research or for any other purpose within Prize4Life’s undertaking.

In order to become a user and to access the ALS Mobile Analyzer functionalities, you will need to create an account through the ALS Mobile Analyzer. To create an account, you must provide your email address and other information about yourself to verify your eligibility and to establish if you are in the patient or control group.

By registering, user agrees to participate in the Research and to provide Prize4Life ALS Mobile Analyzer with certain personal and personal health information. The personal and personal health information provided by you is subject to our Privacy Policy, which can be found here.

Intellectual Property Rights

Prize4Life is the sole owner of the Content. The Content, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the ALS Mobile Analyzer and to the Content are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights.

You do not acquire ownership rights to the Content (or to any part thereof).

We reserve all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Prize4Life and all related items.

Your Content

  • All personal and personal health content or information inputted or shared by you (“User’s Content”) using the ALS Mobile Analyzer is the sole responsibility of the person who originated, created and/or shared such User’s Content. ALS Mobile Analyzer

  • ALS Mobile AnalyzerPrize4Life does not warrant or endorse, does not assume and will not have any liability or responsibility to you or any other person for any User’s Content.

  • You represent and warrant that you have (and will continue to have during your use of the ALS Mobile Analyzer) all necessary rights, consents, and permissions which are required to input and otherwise use the User’s Content in the manner contemplated by these Terms of Use

  • The User’s Content you input in the ALS Mobile Analyzer and the sharing of such information are done at your own risk.

  • Prize4Life does not warrant against deletion of any User’s Content, or the failure to use any User’s Content in the ALS Mobile Analyzer.

  • You retain your rights to any User’s Content you input in the ALS Mobile Analyzer. You hereby grant to us a non-exclusive, irrevocable, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use, copy, reproduce, process, adapt, modify, publish and display such User Content in the ALS Mobile Analyzer.

  • You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to us ALS Mobile Analyzer with respect to any User’s Content that was inputted by you into the ALS Mobile Analyzer.

Restrictions

Except as otherwise provided in these Terms, you may not:

  • copy, reproduce, print, download or save a copy, republish, display, perform, advertise, distribute, transmit, broadcast, adapt, modify, create derivative works from, sell, rent, lease, loan or otherwise make available or exploit in any form or by any means all or any portion of the ALS Mobile Analyzer or any Content retrieved therefrom, for any purpose; however, subject to copyright notice and the trademark use/link limitations contained in these Terms, you may print a copy of individual screens appearing as part of the ALS Mobile Analyzer solely for your personal, internal, non-commercial, or non-profit educational use or records, provided that any marks, logos, copyright notices, or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of any such screens;

  • Use the ALS Mobile Analyzer to generate and/or distribute any User’s Content which is harmful, threatening, tortuous, abusive, causes harassment, defamatory, vulgar, obscene, libelous, hateful, is otherwise unlawful, misleading, malicious, or discriminatory or which harms minors in any way;

  • Use the ALS Mobile Analyzer for posting and/or inputting third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have a formal license or permission from the rightful owner of the material or if you are otherwise legally entitled to post and/or send the material in question;

  • Use the ALS Mobile Analyzer to input any User Content which you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), and/or which it would be unlawful for us to use or possess in connection with the operation of the ALS Mobile Analyzer;

  • Use the ALS Mobile Analyzer for sending other people’s private and confidential information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission;

  • Use the ALS Mobile Analyzer for generating and/or sending any unauthorized commercial communications (such as spam) or any contest, giveaway or sweepstakes, or any other type of promotion;

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any User’s Content on the ALS Mobile Analyzer, at any time, without notice and at our sole discretion.

Disclaimer of Warranties

To the maximum extent permitted by applicable law, the Content is provided “as is” and “as available”, with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect thereto, either express, implied or statutory, including, but not limited to, any warranties of completeness, accuracy, availability, timeliness, usefulness, security, reliability or non-infringement of third party rights, and the implied warranties of merchantability, of satisfactory quality, or of fitness for a particular purpose.

We do not represent or warrant that the ALS Mobile Analyzer will be error-free, uninterrupted, free of viruses or other harmful components, or that defects will be corrected.

We disclaim any duty or obligation and make no commitment to update the ALS Mobile Analyzer or the Content.

Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.

Limitation of Liability

To the extent not prohibited by applicable law, in no event shall Prize4Life, its affiliates, directors, officers, employees and agents, be liable for (a) any direct, indirect, incidental, special, punitive, exemplary, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, loss of use, loss of goodwill, business interruption or any other loss, injury, claim, liability, or damage of any kind, resulting in any way from (i) your access to or use, inability to use or reliance on, the ALS Mobile Analyzer and/or the Content, (ii) the Content contained on the ALS Mobile Analyzer and/or any errors, omissions or other inaccuracies in the Content; regardless of the theory of liability (contract, tort or otherwise), even if Prize4Life has been advised of the possibility of such damages and even if a remedy set forth herein fails of its essential purpose, or for (b) any third party claims against you.

No advice or information, whether oral or written, obtained by you from us through the ALS Mobile Analyzer or otherwise shall create any warranty, representation or guarantee not expressly stated in these Terms.

In addition, all responsibility or liability for any damages caused by viruses or other harmful components, is hereby disclaimed.

In no event shall Prize4Life’s and its affiliates, directors, officers, employees and agents, total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty U.S. dollars (U.S. $50.00).

Any cause of action by you with respect to the ALS Mobile Analyzer and/or any Content, must be instituted within one (1) year after the cause of action arose.

Some jurisdictions do not allow the exclusion or limitation of liability for personal injury, or of incidental or consequential damages, so the limitations above may not apply to you.

Indemnity

You shall indemnify and hold us and any of our affiliated companies harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to any demand or claim brought against Prize4Life by any third parties related to your access and/or use of the ALS Mobile Analyzer and/or Content.

Third Party Web Sites and Content

The ALS Mobile Analyzer may contain links to other web sites and/or mobile applications (“External Sites and Apps”). We are not responsible for the content, accuracy or opinions express in such External Sites and Apps, and such External Sites and Apps are not controlled, investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked External Site and App in our ALS Mobile Analyzer does not imply approval or endorsement of the linked External Sites and Apps by us. We are not responsible for and assume no liability for the content availability, advertising, products, or other materials, or for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of such third party content in the ALS Mobile Analyzer or on External Sites and Apps. If you decide to leave our ALS Mobile Analyzer and access these third-party External Sites and Apps, you do so at your own risk, and you should be aware that these Terms and our Privacy Policy no longer apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any External Sites and Apps to which you navigate from our ALS Mobile Analyzer.

Unsolicited Idea Submission Policy

You agree that any remarks, ideas, feedback, comments, suggestions or any other information that you may provide to us with regard to the ALS Mobile Analyzer (collectively, a “Submission”), is entirely voluntary, and that we will be free to use any such feedback, comments or suggestions as we will see fit, without any obligation or compensation to you or any other person sending the Submission. We will not be required to treat any Submission as confidential or proprietary. You acknowledge that you are responsible for whatever material you submit, and that you will have full responsibility for the Submission, including its legality, reliability, appropriateness, originality, and copyright.

Security

We do not guarantee that your access to, or use of, the ALS Mobile Analyzer, or that any communications between you and us, will be free from unauthorized access by third parties. Any access to or use of the ALS Mobile Analyzer and/or of the Content is at your own risk.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of these Terms and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of the State of Israel, without reference to its conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms.

Without derogating from Prize4Life’s right to seek injunctive relief in any jurisdiction it may deem fit, both parties hereby irrevocably submit to the exclusive jurisdiction of the competent courts in Tel-Aviv, Israel, to resolve any dispute arising out of or pursuant to these Terms, and you hereby acknowledge your consent to the jurisdiction of and venue in such courts and waives any objection as to inconvenient forum.

Address and Notices

Prize4Life’s corporate offices are located at 8 Vardia Street, Apt. 61, Haifa 34657, Israel.

Any questions, complaints, claims or other communication to Prize4Life concerning the ALS Mobile Analyzer should be directed to: als_analyzer@Prize4Life.org]

All communications between Prize4Life and you shall be in the English language only.

Miscellaneous

  • Headings. The headings of the Sections in these Terms are for reference only and shall not be considered in the interpretation hereof.

  • Entire Agreement. These Terms, together with Prize4Life’s Privacy Notice, contains the complete agreement between the parties and supersedes any prior understandings, agreements or representations by or among the parties, which relate to the subject matter of these Terms. To the extent that anything in or associated with the ALS Mobile Analyzer is in conflict or inconsistent with these Terms, these Terms shall take precedence.

  • Changes. Prize4Life reserves the right, at any time and from time to time, without notice or liability, to change any of the provisions of these Terms. Any such changes will be effective immediately and incorporated into these Terms by this reference. By entering and/or using this ALS Mobile Analyzer following any modifications to the Terms, you agree to be bound by any such modifications to the Terms.

  • Severability. In the event that any provision of these Terms is held to be invalid or unenforceable, that provision shall be construed, limited, modified or deleted, to the extent necessary to eliminate any invalidity or unenforceability, and the remaining provisions of these Terms remain in full force and effect.

  • Waiver. No waiver on the part of Prize4Life of any right under these Terms shall be effective unless in writing and signed by Prize4Life’s duly authorized representative. No waiver on the part of Prize4Life of any past or present right arising from any breach or failure to perform shall be deemed to be a waiver of any future right arising under these Terms.

  • No Partnership. Nothing contained in these Terms shall be construed as creating a partnership, joint venture, agency or other similar relationship between Prize4Life and you, nor as granting the you the right, power, or authority (express or implied) to bind or otherwise create any duty or obligation for Prize4Life.

  • Assignment. You may not assign, subcontract or otherwise transfer any of its rights and/or obligations under these Terms without prior written approval by Prize4Life, and any purported assignment or transfer without Prize4Life’s consent shall be null and void. Prize4Life may assign and/or subcontract some or all of these Terms to any third party in connection with a merger, acquisition, sale of assets, by operation of law, or otherwise.

  • No Third Party Beneficiaries. These Terms do not create any obligation of a party to any third parties, nor shall it be deemed to create any rights or causes of action on behalf of any third parties.

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Last updated: July 25, 2015

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Add to the ALS Mobile Analyzer the following copyright notice:

Copyright Notice
© 2015 Prize4Life

All rights reserved. No part of this mobile application may be reproduced or transmitted in any form by any means, electronic, mechanical, photocopying or otherwise, without the prior written permission of Prize4Life