This is a legal agreement between you and Reemo Health, Inc. (Reemo). These Terms of Use (“Terms”) govern your use of Reemo’s website. If you use a Reemo provided wearable device, Reemo’s personal emergency response service, or create an account to use Reemo’s dashboard, you will also be subject to Reemo’s End User License Agreement (EULA) and the Subscription Agreement between Reemo and either you or someone who subscribed to the services on your behalf.

DISCLAIMER: Our software and mobile apps have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease.

1. These Terms May Change
We may change these Terms over time. If we make minor changes, we will post the modified Terms on our website. If we make material changes, we will post the changes on the website and notify you about those changes. We will notify you by email or by presenting you with a new Terms of Service on the website. When you use the Reemo Website after a modification is posted, you are consenting to the modified terms.

2. Read Our Privacy Policy
Any information that Reemo collects through your use of the Reemo Website is subject to the Reemo Privacy Policy, available at https://reemohealth.com/privacy.

3. Creating an Account
If you need access to Reemo’s dashboard, you must create an account by providing Reemo with a valid email address and creating a password. You must protect the confidentiality of your password. You are responsible for all activity that occurs in association with your account. Reemo is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. If you create an account you will be subject to Reemo’s EULA.

4. Limitations on Your Use of the Website.
You agree that in your use of the website: (a) You may not intentionally post, create, upload or transmit any software or other material which contains a virus or other harmful code or device; (b) You will not impersonate any other person or use a false identity (the name of some other person or entity); (c) You are responsible for all postings or other activity performed using your username and password; (d) You will not access or attempt to access the account of any other person, or any other area or section of this website that is restricted and to which you have not explicitly been granted access; (e) You will not take any action designed to interfere with the operation of this website.

5. Intellectual Property Rights
“Reemo Content” includes any text, logos, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Reemo Website to you. The Reemo Content and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in the Reemo Content.

6. DMCA/Copyright Policy
Reemo respects copyright law and expects its users to do the same. It is Reemo’s policy to terminate, in appropriate circumstances, account holders who repeatedly infringe the rights of copyright holders. If you believe in good faith that any content appearing on this website infringes your copyright or other intellectual property rights, please notify us using the contact information below about the potential infringement.

The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work (or other intellectual property right) claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If US law requires any additional or different procedure, then the terms of such law shall control.

7. Feedback and Submissions Policy
If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by Reemo, or obtained from sources other than you.

8. We Are Not Responsible for Third-Party Links
The Reemo Website contains links to third-party websites, apps, services and resources (collectively “Third-Party Services”) that are not under Reemo’s control and are subject to their own Terms of Service and privacy policies. We provide these links only as a convenience and are not responsible for the content, products or services that are available from Third-Party Services. You acknowledge sole responsibility and assume all risk arising from your use of and Third-Party Services.

9. Not Medical Advice
THIS WEBSITE IS DESIGNED TO OFFER YOU GENERAL HEALTH INFORMATION FOR EDUCATIONAL PURPOSES ONLY. THE HEALTH INFORMATION FURNISHED ON THIS WEBSITE AND THE INTERACTIVE RESPONSES ARE NOT INTENDED TO BE PROFESSIONAL ADVICE AND ARE NOT INTENDED TO REPLACE PERSONAL CONSULTATION WITH A QUALIFIED PHYSICIAN, PHARMACIST OR OTHER HEALTH CARE PROFESSIONAL. YOU MUST ALWAYS SEEK THE ADVICE OF A PROFESSIONAL FOR QUESTIONS RELATED TO YOUR DISEASE, DISEASE SYMPTOMS, AND APPROPRIATE TREATMENTS. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, PLEASE CONTACT A QUALIFIED HEALTH CARE PROVIDER IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS WEBSITE.

10. Disclaimers
THE REEMO CONTENT IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY SERVICES PROVIDED BY A THIRD PARTY. We make no warranty that the Reemo Website will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Reemo Content. You acknowledge and agree that if you rely on any Reemo Content, you do so solely at your own risk.

11. Limitation of Liability
REEMO, ITS BUSINESS PARTNERS, SUPPLIERS OR LICENSORS, AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE REEMO WEBSITE WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE REEMO CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT REEMO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL REEMO’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE REEMO CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO REEMO FOR USE OF THE REEMO CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO REEMO, AS APPLICABLE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN REEMO AND YOU.

12. Indemnification
You agree to indemnify, defend, and hold harmless Reemo, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the website using your account.

13. Governing Law
The Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of Minnesota without regard to its conflict of laws principles.

14. Dispute Resolution
You and Reemo agree to resolve any disputes through final and binding arbitration. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. All arbitration will be held in the United States.

15. General Terms
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Reemo and you regarding the Reemo Website, and these Terms supersede and replace all prior oral or written understandings or agreements between Reemo and you regarding the Reemo Website. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Any notices or other communications provided by Reemo under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Reemo Website. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.

Reemo’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Reemo. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

16. Additional Terms May Apply
Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.

17. Contact Information
Reemo Health, Inc.
1625 Hennepin Ave; Suite 200
Minneapolis, MN 55403
Email: info@ReemoHealth.com

Update: July 30, 2019