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Terms of Use.

TERMS OF USE

These terms of use (“Terms”) are a binding agreement between you and AppliedVR, Inc. (“AppliedVR”, “AVR”, “we”, “us”) governing your use of the “AVR Service” (as defined below).

 

PLEASE READ THIS DOCUMENT CAREFULLY, AS IT AFFECTS YOUR RIGHTS. BY USING THE APPLIEDVR SERVICE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU MAY NOT USE THE AVR SERVICE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH AVR, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

 

  1. Applicability.

These Terms apply to your use of the AVR Service, a digital health program consisting of the AppliedVR virtual reality headset and applications, including software and content (collectively called “the Service”). These Terms are subject to change by AVR without prior written notice at any time, in our sole discretion.

 

  1. Medical Disclaimer.

(a) You are responsible for consulting with a healthcare provider and reviewing the health and safety warnings provided by AppliedVR for the virtual reality headset prior to using the Service. Virtual reality is an immersive experience that can cause anxiety, vertigo, nausea, and other forms of physiological distress. Consult with your doctor before using the Service, especially if you are pregnant, elderly, have an impaired sense of motion and balance, or suffer from a serious medical condition. APPLIEDVR HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE HARDWARE OR SOFTWARE.

 

(b) AppliedVR is not a healthcare or medical device provider, nor should our Service be considered medical advice. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Service. THE INFORMATION PROVIDED BY THE SERVICE IS NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. IF YOU EXPERIENCE A MEDICAL EMERGENCY, STOP USING THE SERVICE AND CONSULT A MEDICAL PROFESSIONAL. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911.

 

  1. End User License.

Subject to these Terms, AppliedVR grants you a limited, non-exclusive, revocable license to make personal non-commercial use of the Service.

 

The Service contains or embodies copyrighted material, proprietary material or other intellectual property of AppliedVR or its licensors. All right, title and ownership in the Service remain with AppliedVR or its licensors, as applicable. The rights to download and use the Service are licensed to you and are not being sold to you, and you have no rights in them other than to use them in accordance with these Terms.

 

You agree that you will not and you will not assist or permit any third party to:

  • Copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble the Service in any way, or create derivative works of the Service;
  • Use the Service or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever;
  • Rent, lease, loan, make available to the public, sell or distribute the Service in whole or in part;
  • Tamper with the Service or circumvent any technology used by AppliedVR or its licensors to protect any content accessible through the Service;
  • Circumvent any territorial restrictions applied to the Service; or
  • Use the Service in a way that violates these Terms.

 

You may not make the Service available to the public. The Service made available (in whole or in part) is owned by AppliedVR or its licensors and your use of the Service must be in accordance with these Terms.

 

Certain portions of the Service may utilize or include third party software that is subject to open source and third-party license terms (“Third Party Software”). You acknowledge and agree that Your right to use such Third Party Software as part of, or in connection with, the Service is subject to and governed by the terms and conditions of the open source or third party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between these Terms and the terms of such open source or third-party licenses with regard to Your use of the relevant Third Party Software, the terms of the open source or third party licenses shall control. A portion of the Service was developed in connection with or utilizes Hubs by Mozilla. The Source Code Form of such portion of the Service is subject to the terms of the Mozilla Public License, v. 2.0. If a copy of the MPL was not distributed with this file, You can obtain one at https://mozilla.org/MPL/2.0/.

 

In the course of using the Service, you may provide comments, suggestions, and recommendations to AppliedVR with respect to the Service. You agree that AppliedVR may freely use any such comments, suggestions, and recommendations without any obligation to you.

 

  1. Prohibited Use.

You agree not to upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Service. You agree not to interfere with the servers or networks underlying or connected to the Service or to violate any of the procedures, policies or regulations of networks connected to the Service. You may not access the Service in an unauthorized manner.

 

You agree not to impersonate any other person while using the Service, conduct yourself in an offensive manner while using the Service, or use the Service for any illegal, immoral or harmful purpose.

 

By breaching the provisions of this section, you may commit a criminal offense under applicable laws. We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Service will cease immediately.

 

You agree not to use the Service for any purposes related to scientific research, analysis or evaluation of the Service without the express written consent of AppliedVR.

 

  1. Privacy.

Our Privacy Policy generally describes how we collect and use personally identifiable information (PII) provided to us online and through our applications or hardware. In addition, you acknowledge that when you use the AVR Service, AVR may automatically collect information about the user, the device, and usage details, including Internet Protocol (IP) address, traffic and location data or logs, device ID, patterns of usage, frequency, and timing. The usage information may be combined with profile information we collect via our website or apps in accordance with our Privacy Policy. AVR uses this information to provide you with the AVR Service and to improve, test, analyze, troubleshoot, or market the Service, its features, and related AVR products, and for any other purpose for which you provide it. When feasible, the information will be anonymized or aggregated so that it is no longer PII. We may disclose aggregated information about our users, and information that does not identify any individual or device, without restriction.

 

  1. Limitation of Liability.

APPLIEDVR SHALL NOT HAVE ANY LIABILITY TO YOU BASED ON ANY CLAIMS, WHETHER ARISING FROM BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHER TORT, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY ARISING FROM OR RELATED TO THIS AGREEMENT, THE APPLIEDVR PRODUCT OR SERVICE, AND/OR ANY OTHER PRODUCTS OR SERVICES PROVIDED BY APPLIEDVR TO YOU. ADDITIONALLY, IN NO EVENT WILL APPLIEDVR BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT EVEN IF WE HAVE BEEN ADVISED ON THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE SERVICE.

 

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.