IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU SHOULD NOT USE OUR SERVICES.
These Terms contain a mandatory individual arbitration and class action/jury trial waiver provisions that require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. This means that you waive any right to have those disputes decided by a judge or jury and that you waive your right to participate in class actions, class arbitrations, or representative actions.
1. Eligibility and Use
You affirm that you (i) are at least 18 years of age, (ii) are fully able and competent to enter into the terms, conditions, obligations, representations and warranties included in these Terms and to abide by and comply with your obligations under these Terms, and (iii) reside in, and will use the Services only while you are located in, the United States. The Services are not available to any Users previously removed from the Services by Emano Metrics.
OUR SERVICES ARE PROVIDED FOR PERSONAL, INFORMATIONAL PURPOSES ONLY AND ARE NOT A SUBSTITUTE FOR CLINICAL DIAGNOSIS, SCREENING OR TREATMENT BY A MEDICAL PROFESSIONAL. WE DO NOT GUARANTEE THE CLINICAL ACCURACY OR INTERPRETATION OF ANY RESULTS PROVIDED BY THE SERVICES.
2. Limited License
Subject to these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Services solely for your personal, non-commercial use as permitted by the features of the Services. Emano Metrics and its licensors own all right, title and interest in and to the Services, including all intellectual property rights therein. Emano Metrics reserves all rights not expressly granted herein in the Services and the Emano Metrics Content (as defined below). Emano Metrics may terminate this license at any time for any reason or no reason.
3. User Accounts
You need to create an account with us (your “User Account”) to use the Services. We may maintain different types of User Accounts for different types of Users. You acknowledge that you do not own your User Account.
During the registration process, you will be required to provide us certain information, such as your full name, phone number, and email address. All information you provide must be truthful, accurate and complete, and you must keep this information up to date. You may not use any aliases or other means to mask your true identity, a name or trademark that is subject to any rights of another person or entity without receiving appropriate authorization, or a name that is offensive, vulgar, or obscene. Failure to abide by these conditions constitutes a breach of these Terms, which may result in immediate termination of your User Account.
You may not use another individual’s User Account without permission. You are solely responsible for the security of your access codes, passwords, and any other similar user credentials (collectively, “User Credentials”), as well as the activity that occurs on your User Account. You must keep your User Credentials secure. If prompted to create a password, we encourage you to use “strong” passwords (e.g., passwords that use a combination of upper and lower case letters, numbers and symbols) with your User Account. You should notify us immediately of any breach of security or unauthorized use of your User Account. Emano Metrics will not be liable for any losses caused by any unauthorized use of your User Account and you may be liable for losses incurred by Emano Metrics or others due to any unauthorized use of your User Account.
It is your responsibility to ensure your mobile device meets all of the necessary technical specifications to enable you to access and use our mobile applications, which will be provided to you in machine-readable object code only. These Terms do not entitle you to any support or maintenance Services, updates, upgrades, patches, enhancements, or fixes for our mobile applications.
You may control your User Account profile and how you interact with the Services by changing the settings in your profile page. By providing us with your telephone number and/or email address, you consent to our using the telephone number and email address to send you Services-related notices, including any notices required by law, in lieu of communication by postal mail.
We may also use your telephone number and email address to send other messages, such as promotional communications such as newsletters, special offers, surveys and other news and information we think will be of interest to you, as well as marketing or advertising messages, including changes to features of our Services and special offers. If you do not want to receive such email messages, you may opt out or change your preferences using the settings in your profile page or by clicking the unsubscribe link within an email message. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
By providing us with your telephone number, you consent to receive certain notifications or information from us via text messaging and/or automated phone calls. You may incur additional charges from your wireless provider for these Services and agree that you are solely responsible for any such charges.
5. Changes to the Services; Suspension
We reserve the right, at any time and in our sole discretion, to amend, modify, suspend, discontinue or terminate the Services and any part thereof without notice to you. Any such changes may expand or limit your access to certain features. We shall have no liability to you or any other person or entity for any amendment, modification, suspension, discontinuance, termination, or loss of information.
We may also impose rules for and limits on the use of the Services or restrict your access to part, or all, of the Services without notice or penalty. In addition, we reserve the right to permanently or temporarily suspend your account or your access to the Services for any reason, including if in our sole determination you violate any provision of these Terms or any other policies associated with the Services, or for no reason. Upon suspension for any reason or no reason, you continue to be bound by these Terms.
6.1 User Content
Some areas of the Services allow Users to submit, post, display, provide or otherwise make available content such as profile information, comments, questions and other content or information. Any such materials (other than Collected Data, as defined below) are referred to in these Terms as “User Content”).
We claim no ownership rights over User Content, which remains yours. By submitting User Content on or through the Services, you hereby grant, and represent and warrant that you have all rights necessary to grant, all rights and licenses to the User Content necessary for Emano Metrics and its contractors and its service providers to operate and provide the Services, including a non-exclusive, royalty-free, worldwide license to use, host, display, store, cache, transmit, modify, re-format, re-arrange, and adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), and create derivative works with your User Content.
6.2 Collected Data
Our Services enables you to make audio recordings which we then use to estimate urinary flow rates and provide data back to you and any third parties that you have authorized to receive such data (all such recordings, estimates and other analyses with respect to such recordings, “Collected Data”). Emano Metrics retains all ownership rights with respect to Collected Data.
6.3 Emano Metrics Content
You acknowledge and agree that except for your User Content, all right, title and interest in and to the materials and content available on or provided through the Services including, without limitation, software, text, images, videos, graphics, trademarks, logos, icons, music, trademarks, Services marks, copyrights, photographs and Collected Data (collectively, “Emano Metrics Content”), are and will remain the exclusive property of Emano Metrics and its licensors.
7. Intellectual Property
All rights, title, interest in and to the Services (excluding User Content) are and will remain the exclusive property of Emano Metrics and its licensors. Emano Metrics is the exclusive owner of trademark rights in the EMANO METRICS mark and others. The Services is protected by copyright, trademark, and other laws of both the United States and foreign countries.
Nothing in these Terms gives you a right to use the Emano Metrics name or any of the Emano Metrics trademarks, logos, domain names, and other distinctive brand features, in whole or in part, except as expressly authorized in writing by us. This prohibition includes, but is not limited to, unauthorized copying or distribution of any of the Emano Metrics Content displayed or used through the Services or creating any unauthorized derivative work.
Except as explicitly provided in these Terms, nothing in these Terms shall be deemed to create a license in or under any intellectual property rights owned by Emano Metrics or its licensors, and you agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from the Services and/or any Emano Metrics Content without our written consent. Use of the Services and/or any Emano Metrics Content for any purpose not expressly permitted by these Terms is strictly prohibited.
Any feedback, comments, or suggestions you may provide regarding the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
8. Third-Party Links and Information
We use third-party trademarks on our websites and mobile apps to identify the owners of these marks. Use of any third-party trademark is intended only to identify the trademark owner and its goods and Services and is not intended to imply any association or sponsorship between the trademark owner and Emano Metrics.
You expressly relieve Emano Metrics from any and all liability arising from your use of any Third-Party Materials. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers.
9. Services Fees and Payments
You may be required to pay fees to Emano Metrics in order to use certain features and functions of the Services (“Services Fees”). You are responsible for paying any applicable Services Fees listed with respect to such features and/or functions at the time of purchase. If such Services Fees are recurring in nature, you agree that Emano Metrics may charge such Services Fees on a periodic basis to the payment method you specify at the time of your initial purchase (your “Payment Method”). By using a Payment Method to pay Services Fees, you represent and warrant that you have the legal right to use such Payment Method and expressly agree that Emano Metrics is authorized to charge to the Payment Method the Services Fees and any other fees for additional Services you may purchase, together with any applicable taxes. If you want to change or update your Payment Method at any time, you can do so at any time by editing the payment information associated with your User Account. It is your responsibility to keep your contact information and payment information associated with your Payment Method current and updated.
You acknowledge and agree that any fees for the Services may increase at any time. Additional fees may apply for new features or additions to the Services that may be made available from time to time, in which case we will provide you with notice in advance of charging any additional fees. If we charge additional fees in connection with the Services, you will have the opportunity to review and accept the additional fees prior to being charged.
We may screen orders for fraud or other types of unauthorized or illegal activity. We reserve the right not to process an order or to cancel an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order and/or we may contact you at the phone number or email address you provided to confirm your purchase. We also reserve the right to cancel any User Account due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
10.1 Access Restrictions
You may not access, search or use, or attempt to access, search or use, the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are published by Emano Metrics (and then only pursuant to these Terms), without our express prior written consent.
In addition, you may not do any of the following while accessing or using the Services:
10.2 Usage Restrictions
You agree not to take any action that could harm Emano Metrics, its suppliers or licensors or any other third party or interfere with the operation of the Services. You will use the Services only for appropriate, legal purposes, and in compliance with all applicable federal, state, and local laws and regulations.
For example, and without limitation, you may not:
You will cooperate as fully required by Emano Metrics in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim subject to your indemnification under these terms without our express prior written consent.
12. Disclaimers and Limitation of Liability
12.1 Disclaimer of Warranty
THE SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO BE, AND SHOULD NOT BE TAKEN TO BE, NOR DO THEY REPLACE (I) PROFESSIONAL MEDICAL ADVICE, SCREENING, DIAGNOSIS OR TREATMENT, (II) THE PRACTICE OF MEDICINE, OR (III) THE PROVISION OF MEDICAL CARE. THE SERVICES ARE NOT DESIGNED TO BE A SUBSTITUTE FOR CLINICAL EXAMINATION EQUIPMENT OR DIAGNOSES AND EMANO METRICS DOES NOT IN ANY WAY GUARANTEE THE ANALYTICAL RESULTS OF THE SERVICES. PLEASE DO NOT RELY ON THE RESULTS PROVIDED BY THE APP AND CONSULT WITH YOUR PHYSICIAN OR ANOTHER QUALIFIED HEALTHCARE PROFESSIONAL IN ALL MATTERS RELATING TO YOUR HEALTH.
IN THE EVENT OF AN EMERGENCY, IMMEDIATELY CALL 911 OR YOUR HEALTHCARE PROVIDER. THE SERVICES WILL NOT CONTACT EMERGENCY SERVICES ON YOUR BEHALF.
THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,’ AND “WITH ALL FAULTS” BASIS, WITHOUT WARRANTY OF ANY KIND. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, EMANO METRICS SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPLETENESS, SECURITY AND PRIVACY OF YOUR INFORMATION, COMPATIBILITY OR NONINFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, EMANO METRICS DOES NOT WARRANT THAT ANY CONTENT, INCLUDING WITHOUT LIMITATION, USER CONTENT OR EMANO METRICS CONTENT, IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON ANY INFORMATION RECEIVED THROUGH THE SERVICES.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADABLE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.
EMANO METRICS IS NOT RESPONSIBLE OR LIABLE FOR ANY DECISIONS YOU MAY MAKE IN RELIANCE ON THE SERVICES OR ANY CONTENT OR INFORMATION PROVIDED THROUGH THE SERVICES, OR FOR ANY DEFECTS OR ERRORS THAT MAY RESULT FROM YOUR PROVISION OF INCOMPLETE OR INACCURATE INFORMATION TO EMANO METRICS OR THE SERVICES.
NO INFORMATION OR ADVICE PROVIDED ON OUR WEBSITES OR MOBILE APPLICATIONS, BY EMANO METRICS, OR BY OUR EMPLOYEES OR AGENTS SHALL CREATE ANY WARRANTY.
Further, Emano Metrics does not warrant, endorse, guarantee, or assume responsibility for any product or Services advertised or offered by a third party through the Services or any hyperlinked website or Services, and Emano Metrics will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you.
12.2 Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NONE OF EMANO METRICS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS SHALL 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, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM OR ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES OR ANY CONTENT OBTAINED FROM THE SERVICES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY, EVEN IF EMANO METRICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EMANO METRICS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID EMANO METRICS, IF ANY, IN THE PAST SIX MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
13. Lawful Purpose
Emano Metrics’ technology requests users to record their urination for medical purposes. The recording system only records when the user consents by pressing a button to start, and a button to end, recordings. The user consents to being recorded and to providing the contents of those recordings to Emano Metrics. There is a chance that the user-initiated recordings may record sounds in addition to urination, such other sounds or voices. You are responsible for obtaining consent from third parties whose sounds or voices may be recorded by the application. You are responsible to inform those parties to avoid making sounds during recordings or otherwise risk being recorded by the application. Out of an abundance of caution, we recommend against recording your urinations in public bathrooms, where there is a heightened risk of recording third party sounds or voices.
14. General Terms
14.1 Controlling Law and Jurisdiction
These Terms will be governed by the laws of the State of Delaware without regard to or application of its conflict of law provisions or your state or country of residence. You and Emano Metrics irrevocably agree to submit to the personal jurisdiction of, and to bring any claim, action, or proceeding in, the federal court in the District of Oregon or in state court in the State of Oregon.
14.2 Waiver, Severability and Assignment
Our failure to enforce a provision is not a waiver of its right to do so later. If a provision is found invalid or unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Emano Metrics may assign our rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
14.3 Term and Termination
These Terms will remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. We can suspend or terminate your access to or use of the Services, in whole or in part, at any time, immediately and without notice. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: Section 7 (Intellectual Property), Section 11 (Indemnification), Section 12 (Disclaimers and Limitation of Liability), Section 13 (Legal purpose), and Section 14 (General Terms), together with any other provisions of these Terms that by their nature are intended to survive termination or expiration of these Terms.
Nothing in this section shall affect Emano Metrics’ right to change, limit, or stop the provision of the Services without prior notice, as provided elsewhere in these Terms.
The headings of the sections contained in these Terms are for convenience only and shall not be deemed to control or affect the meaning or construction of any provision of the Terms.
14.5 Modification of Terms
From time to time, and in our sole discretion, we may revise these Terms. If the revision, in our sole discretion, is material, we will notify you via an email sent to the email address associated with your User Account, or by means of a notice posted on this website. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Services.
14.6 Entire Agreement
14.7 Class Action Waiver
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT EMANO METRICS IS OFFERING THE SERVICES UNDER THE TERMS PRESENTED HEREIN. AS PARTIAL CONSIDERATION FOR YOUR USE OF THESE SERVICES, YOU AGREE THAT YOU MAY BRING A CLAIM AGAINST EMANO METRICS REGARDING YOUR USE OF THE SERVICES ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A CLASS PLAINTIFF, CLASS REPRESENTATIVE, CLASS MEMBER, OR AN ADVERSE PARTY IN ANY WAY IN A CLASS-ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR OTHER PROCEEDING WHERE AN INDIVIDUAL ACTS IN A REPRESENTATIVE CAPACITY. ADDITIONALLY, YOU ACKNOWLEDGE THAT PART OF THE PRICE YOU ARE PAYING TO USE THESE SERVICES IS YOUR ACCEPTANCE OF THESE TERMS OF SERVICES INCLUDING THIS CLASS ACTION WAIVER. IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS, YOU SHOULD NOT CONTINUE YOUR USE OF THE SERVICES . NOTHING IN THIS PARAGRAPH, HOWEVER, LIMITS YOUR RIGHTS TO BRING A LAWSUIT AS AN INDIVIDUAL PLAINTIFF, INCLUDING IN SMALL CLAIMS COURT, SUBJECT TO SECTION 13.1 ABOVE.
14.8 Agreement to Resolve Disputes by Binding Individual Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT IS AN AGREEMENT TO ARBITRATE ANY AND ALL DISPUTES (“ARBITRATION AGREEMENT”) BETWEEN YOU AND EMANO METRICS (COLLECTIVELY, “THE PARTIES”), AND LIMITS THE MANNER IN WHICH THE PARTIES CAN SEEK RELIEF. BY ENTERING INTO THIS AGREEMENT, BOTH PARTIES CHOOSE TO HAVE ALL DISPUTES BETWEEN THEM RESOLVED THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION INSTEAD OF THROUGH ANY FORM OF LITIGATION IN ANY COURT OF LAW. THIS MEANS THAT RIGHTS A PARTY WOULD OTHERWISE HAVE IN LITIGATION MAY NOT BE AVAILABLE OR MAY BE MORE LIMITED, INCLUDING THE RIGHT TO APPEAL.
In consideration for our willingness to provide you with access to products, Services, and features through our online applications, you agree as follows:
Where Your Claim May Be Resolved
You agree that any dispute, claim, or controversy (“Claim”) between you and Emano Metrics, its affiliates, agents, contractors, employees, officers or assignees, arising out of or relating in any way to the Terms and/or your use of the Services, including, without limitation, tort and contract claims, claims based on any federal, state or local statute, law, or regulation, must be resolved exclusively by final and binding arbitration, rather than in court, with the exception of claims related to the validity, scope, or enforceability of this Arbitration Agreement. However, you may bring any individual case in any small claims court or your state’s equivalent of a small claims court, so long as it remains an individual case in that court, and is not transferred to any other form of court.
YOU UNDERSTAND AND AGREE THAT NO CLAIM, DISPUTE, OR CONTROVERSY MAY BE CONSOLIDATED WITH A DISPUTE OF ANY OTHER PERSON IN ARBITRATION, OR RESOLVED ON A CLASS-WIDE BASIS BY A CLASS ACTION OR OTHER PROCEEDING, AND YOU HEREBY WAIVE YOUR RIGHT TO COMMENCE OR PARTICIPATE IN ANY SUCH COLLECTIVE OR REPRESENTATIVE PROCEEDING. Unless a different procedure is required by applicable law, the arbitration will be conducted before a single arbitrator in accordance with the Consumer Arbitration Rules of the American Arbitration Association (“AAA”), including the AAA’s Supplementary Procedures for Consumer-Related Disputes (the “Rules”).
When You May Ask for Arbitration
You understand and agree that before you bring any dispute to arbitration under this Arbitration Agreement, you must first contact Emano Metrics and give us an opportunity to resolve the dispute in good faith. Similarly, before we take any dispute to arbitration, we must first attempt to resolve it by contacting you in good faith. If the dispute cannot be satisfactorily resolved within sixty days from the date you or Emano Metrics is notified of a dispute, either party may then contact the AAA in writing and request arbitration of the dispute. Information about the arbitration process and the AAA’s arbitration rules and fees are available from the AAA on the Internet at at http://www.adr.org.
Costs of Arbitration
The cost of any arbitration proceeding shall be divided as follows: