Updated 10/2/2020

Welcome to the Terms of Service (these “Terms”) for the website, aiden.health (the “Website”) operated on behalf of Aiden, Inc. (“Aiden Inc,” “Company”, “we” or “us”), and together with any content, tools, features and functionality offered on or through our Website (the “Services”).

These Terms govern your access to and use of the Services. Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Services.

By using or accessing the Services, you are agreeing to these Terms. For purposes of these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf. 

Please note that Section 10 contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree (a) to resolve all disputes with us through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and (b) that you waive your right to participate in class actions, class arbitrations, or representative actions. You have the right to opt-out of arbitration as explained in Section 10.

TABLE OF CONTENTS

1.      1.  Who May Use the Services
2.      2.  User Accounts
3.      3.  Location of Our Privacy Policy and Purchase Terms and Conditions
4.      4.  Rights We Grant You
5.      5.  Ownership and Content
6.      6.  Third Party Services and Materials
7.      7.  Disclaimers
8.      8.  Limitations of Liability
9.      9.  Indemnification
10.      10.  Arbitration and Class Action Waiver
11.      11.  Additional Provisions

1. Who May Use the Services

You must be 18 years of age or older and reside in the United States or any of its territories to use our Services. Children under the age of 18 are not permitted to use the Services. By using the Services, you represent and warrant that you meet all of these requirements.

2. User Accounts

2.1) Creating and Safeguarding your Account. To use certain of the Services, you may need to create an account (“Account”). You agree to provide us with accurate, complete and updated information for your Account. You can access, edit and update your Account by logging into your account at aiden.health or contacting customer service at support@aiden.health. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your Account. You must immediately notify us at support@aiden.health if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account. 

3. Location of Our Privacy Policy AND PURCHASE TERMS AND CONDITIONS

3.1) Privacy Policy. Our Privacy Policy describes how we handle the information you provide to us when you use our Services. For an explanation of our privacy practices, please visit our Privacy Policy. 

3.2) Purchase Terms and Conditions. Our Purchase Terms and Conditions sets forth the terms and conditions that apply to your purchase of any physical products through the Services, please review our Purchase Terms and Conditions.

4. Rights We Grant You

4.1) We reserve the right, with or without notice, to limit the Services that you may access, and to cancel or reduce the quantity of any products to be provided to you that we believe, in our sole discretion, may result in the violation of these Terms or our Purchase Terms and Conditions.

4.2) Restrictions on Your Use of the Services. You may not do any of the following, unless laws prohibit these restrictions or you have our written permission to do so:

          (a) download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services;

          (b) duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same;

          (c) use, reproduce or remove any copyright, trademark, trade names, slogan, logos, images, service marks or other proprietary notations displayed on or through the Services;

          (d) use cheats, automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Services;

          (e) exploit the Services for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation; 

          (f) use the Services in any manner that could disable, overburden, damage, disrupt or impair the Service or interfere with any other party’s use of the Services or use any device, software or routine that causes the same;

          (g) attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Service;

          (h) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services;

          (i) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same; 

          (j) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;

          (j) use the Services for illegal, harassing, unethical, or disruptive purposes;

          (k) violate any applicable law or regulation in connection with your use of the Services; or

          (l) use the Services in any way not expressly permitted by these Terms.  

5. Ownership and Content 

5.1) Ownership of the Services. The Services and their content, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that Aiden and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests.  We and our licensors reserve all rights in connection with the Services and its content (other than Your Content), including, without limitation, the exclusive right to create derivative works. 

5.2) Ownership of Trademarks. The Aiden name, the terms, marks, the Aiden logo and all related names, logos, product and service names, designs and slogans are trademarks of the Aiden or its affiliates or licensors and no use, copying, reproduction or transmission of such trademarks is permitted without our express written consent.  Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.  

5.3) Ownership of Feedback. We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of Aiden and we may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Aiden any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback. 

6. Third Party Services and Materials

6.1) Use of Third Party Materials in the Services. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites. By using the Services, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.

7. Disclaimers

7.1) The Services Do Not Provide Medical Treatment or Advice. The content, information and materials on the Services are intended to be a general information resource in regard to the subject matter covered, and are not intended to diagnose, treat, cure, or prevent any disease. You are encouraged to confirm the information contained herein with other sources, and to review the information carefully with your professional healthcare provider. We are not engaged in rendering medical or similar professional services or advice via the Services, and the information provided is not intended to replace professional advice or medical advice offered by a physician or other professional healthcare provider. If you desire or need such services or advice, you should consult a professional healthcare provider. Aiden does not recommend or endorse any specific tests, physicians, products, procedures, and opinions. You should not construe our publication of any content on the Services as an endorsement by us of the views expressed herein, or any warranty or guarantee of any strategy, recommendation, treatment, action or application of medication or preparation made by the author of the content. Aiden is not responsible for any health problems that may result from information or advice you receive through using the Services or from participating in the Services. If you rely on any information you receive or learn about through the Services, you agree that you do so at your own risk and are voluntarily participating in these activities. While we will endeavour to keep the content, information and materials on the Services current and consistent, information may become outdated over time, or superseded by subsequent disclosure. The Services may include technical or other inaccuracies, inconsistencies or typographical errors. We assume no liability for accuracy, completeness or usefulness of the information contained in the Services and do not guarantee that the Services will be free of viruses or other destructive code. 

7.2) Disclaimers. Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis, without any warranty of any kind. Without limiting the foregoing, to the maximum extent permitted under applicable law, Aiden, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (the “Aiden Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The Aiden Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (c) the operation or compatibility with any other application or any particular system or device; and (d) whether the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. No advice or information, whether oral or written, obtained from the Aiden Entities or through the Services, will create any warranty or representation not expressly made herein.

8. Limitations of Liability

8.1) Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE Aiden ENTITIES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE Aiden ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. THE Aiden ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNT YOU PAID THE Aiden ENTITIES, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES (OR PRODUCTS PURCHASED ON THE SERVICES) GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 

9. Indemnification

9.1) Indemnification. By entering into these Terms and using the Services, you agree that you shall defend, indemnify and hold the Aiden Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these Terms, the Purchase Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) any unauthorized use of the Services; and (d) your negligence or wilful misconduct.

10. Arbitration and Class Action Waiver

10.1) Informal Process First.  You agree that in the event of any dispute between you and the Aiden Entities, you will first contact Aiden and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action.

10.2) Arbitration Agreement and Class Action Waiver.  After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of our services and/or products, including the Services, will be resolved by arbitration. You and Aiden agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Aiden are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, you and Aiden will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative and non-class basis.  An arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. 

10.3) Costs of Arbitration. Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. If the value of your claim does not exceed $10,000, Aiden will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose. 

10.4) Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to support@aiden.health or to the U.S. mailing address listed at the bottom of this Agreement. The notice must be sent to Aiden within thirty (30) days of your registering to use the Services or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with these Terms. If you opt-out of these arbitration provisions, Aiden also will not be bound by them.

11. Additional Provisions

11.1) SMS Messaging and Phone Calls.  Certain portions of the Services may allow us to contact you via telephone or text messages. You agree that Aiden may contact you via telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with your use of the Services, including for customer service or marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any Products. You also understand that you may opt out of receiving text messages from us at any time, either by texting the word “STOP” to 415-658-5009 using the mobile device that is receiving the messages, or by contacting support at support@aiden.health. If you do not choose to opt out, we may contact you as outlined in our Privacy Policy.

11.2) Updating These Terms. We may modify these Terms from time to time in which case we will update the “Last Revised” date at the top of these Terms.  If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the first page of the Aiden website. However, it is your sole responsibility to review the Terms from time to time to view any such changes.  The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms.  

11.3) Termination of License and Your Account. If you breach any of the terms of these Terms, Aiden may suspend, disable, or delete your Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If Aiden deletes your Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by Aiden or you. Termination will not limit any of our other rights or remedies at law or in equity. 

11.4) Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to Aiden for which monetary damages would not be an adequate remedy and Aiden shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

11.5) California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

11.6) Severability. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

11.7) Miscellaneous.  These Terms and the licenses granted hereunder may be assigned by Aiden but may not be assigned by you without the prior express written consent of Aiden. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Services are operated by us in the United States. Those who choose to access the Services from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. The Terms are governed by the laws of the State of [Delaware], without regard to conflict of laws rules.  Except as otherwise expressly provided in these Terms, all arbitration and other litigation of any dispute between you and Aiden related to these Terms shall be located in [San Francisco, California].  You and Aiden agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms. 

11.8) How to Contact Us.  You may contact us regarding the Services or these Terms at: 490 Lake Park Ave #10790, Oakland, CA 94610, by phone at 415-658-5009 or by e-mail at support@aiden.health.