Terms of Use

 

Introduction

Welcome to the MyoPro.com web site. MyoPro.com created and maintains this web site to provide information to and communicate better with clincians, patients, investors, and others who may be interested in learning more about MyoPro. PLEASE READ AND REVIEW THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE.

 

Your Acceptance of These Terms and Conditions

Please take a few minutes to carefully review these terms and conditions. By using this web site, you agree to these terms and conditions. If you do not agree, please exit and disregard the information contained herein. BY ACCESSING AND USING THIS WEB SITE YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS, USE OR DOWNLOAD MATERIALS FROM THIS WEB SITE.

 

Disclaimer: These Terms and Conditions May Change

MyoPro reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of this web site following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions every time you use this web site. These terms and conditions were last revised on June 18, 2013.

 

Copyright And Restriction On Use Of Material (Noncommercial Use)

Everything you see and hear on this site (the "Content"), including, for example, all of the text, directories, photographs, illustrations, graphics, audio clips, video clips, and audio-video clips, is copyrighted under United States law and applicable international copyright laws and treaty provisions. The copyrights in the Content are owned by MyoPro.com or by one of its affiliates, or by third parties who have licensed their materials to MyoPro. The entire Content of this site is copyrighted as a collective work under United States law and applicable international copyright laws and treaties. MyoPro owns the copyright in the selection, coordination, arrangement and enhancement of the Content. You may download, store, print, and copy selected portions of the Content of this site, provided you:

  • Only use the Content you download for your personal, noncommercial use or to further your business dealings with MyoPro
  • Do not publish or post any part of the Content on any other Internet site without obtaining the prior written consent of MyoPro
  • Do not publish or broadcast any part of the Content in or on any other media without obtaining the prior written consent of MyoPro
  • Do not modify or alter the Content in any way or delete or modify any copyright or trademark notices or notices of confidentiality

No right, title or interest in the downloaded Content is transferred to you when you download Content from this site. MyoPro reserves all intellectual property rights in any Content you download from this site.

 

Except as expressly stated above, you may not copy, download, print, publish, display, perform, distribute, transmit, transfer, translate, modify, add to, update, compile, abridge or in any other way transform or adapt all or any part of the Content of this site without first obtaining written permission from MyoPro.

 

Trademark Notice

All of the trademarks, service marks and logos displayed on this web site (the "Trademark(s)") are registered and unregistered trademarks of MyoPro, one of its affiliates, or third parties who have licensed their Trademarks to MyoPro or one of its affiliates. Except as expressly stated in these terms and conditions, you may not reproduce, display or otherwise use any Trademark without first obtaining written permission from MyoPro.

 

Submissions (Information To MyoPro)

MyoPro welcomes your comments and feedback regarding this web site. All information and materials, including comments, ideas, questions, designs, and the like, submitted to MyoPro through this web site will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. For this reason, we ask that you not send us any information or materials that you do not wish to assign to us, including any confidential information or any original creative materials such as product ideas, computer code, or original artwork.

 

By submitting information or materials to MyoPro through this web site, you assign to MyoPro, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the information or materials you submit. MyoPro will be entitled to use any information or materials you submit through this web site for any purpose whatsoever, without restriction and without compensating you in any way.

 

Links to Other Web Sites

This site may contain hyperlinks to web sites that are not operated by MyoPro. These hyperlinks are provided for your reference and convenience only, and do not imply any endorsement of the material on these third-party web sites or any association with their operators. MyoPro does not control these web sites and is not responsible for their content. These third-party web sites (and the web sites to which they link) may contain information about uses of products that have not been approved or cleared by the Food and Drug Administration. MyoPro does not endorse any "off-label" uses. These third-party web sites (and the web sites to which they link) may contain information that is inaccurate, incomplete, or outdated. You access and use these web sites (and the web sites to which they link) solely at your own risk.

 

Not a Substitute for Medical Advice

The information provided on this site is not intended nor recommended as a substitute for professional medical advice. Do not use the information on this site as a substitute for professional medical advice. Always seek the advice of your physician or other qualified health provider regarding any medical condition or treatment. Nothing contained on this site is intended to be for medical diagnosis or treatment. We do not offer personalized medical diagnosis or patient-specific treatment advice.

 

Website Privacy Policy

Any personally identifiable information in electronic communications to this Internet site is governed by this site's Privacy Policy.

 

DISCLAIMER OF WARRANTIES

THIS WEB SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, MYOPRO AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MYOPRO DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. MYOPRO DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS SITE IS FREE OF VIRUSES, WORMS OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. USERS ARE RESPONSIBLE FOR PROTECTING THEMSELVES BY INSTALLING, UPDATING AND RUNNING ANTI-VIRUS PROGRAMS. INFORMATION PUBLISHED ON THIS WEB SITE MAY BE INCOMPLETE OR OUTDATED AND MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS.

 

MYOPRO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, CURRENCY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING THIS WEB SITE OR ANY INFORMATION PUBLISHED ON THIS WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

 

LIMITATION OF LIABILITY

YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES, SHALL MYOPRO, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS WEB SITE OR YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THIS WEB SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF MYOPRO OR ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

 

Indemnification

You agree to defend, indemnify and hold MyoPro harmless from any and all liabilities, costs, and expenses, including reasonable attorney fees, related to any violation by you of the terms and conditions of this Agreement.

 

Governing Law and Jurisdiction

This web site is controlled and operated by MyoPro from its offices within the United States. Any claim relating to and the use of this web site are governed by the laws of the State of Massachusetts, United States of America. By using this web site, you consent to personal jurisdiction in the federal and state courts of Massachusetts, for any action arising out of or relating to this web site or your use of this web site. The federal and state courts of Massachusetts shall have exclusive jurisdiction over all such actions. If any part of this Agreement, its terms or conditions, is deemed to be unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

 

Entire Agreement

This Agreement constitutes the entire agreement between you and MyoPro with respect to your access to and/or use of this web site.


Privacy Policy

 

This privacy policy sets out how MYOMO, Inc. uses and protects any information that you give MYOMO when you use its new website, MYOPRO. MYOMO is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified, then you can be assured that it will only be used in accordance with this privacy statement. By using the MYOPRO website, each user agrees to the terms of this Privacy Policy. MYOMO may change or update this policy from time to time. As we update and expand the products and features available on this website, this Privacy Policy may change, so it is important for users to check back from time to time to ensure that you are happy with any changes. .

 

What personal information we might collect if you authorize us to do so:

  • Name and title
  • Contact information including email address, mailing address, phone number or fax number
  • Demographic information such as zip code, preferences and interests
  • Clinical contacts

 

 

What we do with the personal information we gather

We collect personal information to gauge interest in MYOMO's products, to understand your needs and provide you with a better information about our products in relation to your medical condition for the following reasons: Internal record keeping being in compliance with federal laws to protect your private health information We may use the information to improve our products and our sales process.

 

We may periodically send promotional email about new products, special offers, fundraising efforts or other information which we think you may find interesting using the email address which you have provided. From time to time, we may also use your information to contact you for market research or survey purposes. We may contact you by email, phone, fax or mail with your approval.

 

To make the right contact for you with an O&P, we may share your personal information with our business partners, but we will not otherwise disclose your information to third parties without your permission.

 

Security

We are committed to securing your personal information. In order to prevent unauthorized access or disclosure we have put in place reasonable physical, electronic and managerial procedures to safeguard and secure the information we collect online. However, MYOMO does not warrant or represent that its level of security meets or exceeds any particular standard. You should keep in mind that no Internet transmission is ever 100% secure or error-free.

 

How we use cookies, web beacons and clickstream data

MYOMO may use technologies such as cookies and web beacons to enhance the information we have about your preferences and to learn about your visit. A cookie is a piece of information that is sent to your browser from a web server and stored on your computer's hard drive. A cookie allows MYOMO to determine that a visit has occurred within our site, as well as which pages were viewed. Cookies are not used to identify you and will not collect personal information. You can decide if and how your computer will accept cookies by configuring your preferences option within your web browser. If you choose to decline cookies, however, some of the functionality of this website may be impaired. Web beacons, also known as clear gifs and web bugs, allow us to recognize a cookie on your computer when you view a web page or e-mail. These electronic images help us measure the effectiveness of our online advertising and/or e-mail campaigns by, for example, counting the number of individuals who visit our website or the number of individuals who open or act upon an e-mail message.

 

Also, MYOMO's server may automatically collect data about users' server’s Internet address when they visit us. This information, known as an Internet Protocol address, or IP Address, is a number that’s automatically assigned to a user’s computer by your Internet service provider whenever you’re on the Internet. In addition to logging a user’s IP Address and sometimes its domain name, our server may also record the referring page that linked such user to us (e.g., another Web site or a search engine); the pages visited within the MYOPRO website; how long you stay logged into the MYOPRO website, the website or service a user visits after it has left Myomo website; other information about users’ computers and their settings; any search terms users have entered into the MYOPRO website; and other web usage activity and data. We use this information for internal purposes, such as to administer the MYOPRO website. Such information may also be used to gather broad demographic information. We reserve the right to use service providers to perform any or all of these activities on our behalf.

 

Links to other websites

The MYOPRO website may contain links to enable you to visit websites of interest easily. However, once you have used these links to leave our site, we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any personal information which you provide while visiting such sites. Such sites are not governed by this privacy statement. You should exercise caution and should review the privacy statement applicable to every other website you visit.

 

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

  • whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
  • if you have voluntarily provided us with your personal information or previously agreed to us using your personal information for direct marketing purposes and/or fundraising, you may change your mind at any time by writing to or emailing us at info@myopro. com. Other than as described above, we will not sell, distribute or lease your personal information to third parties unless we have your permission or are required to by law

 

Website Privacy Policy

Any personally identifiable information in electronic communications to this Internet site is governed by this site's Privacy Policy.

 

What Happens to Your Information if there is a Change of Control or Sale of Assets

In the event of a corporate change in control resulting from, for example, a sale to, or merger with, another entity, or in the event of a sale of assets, MYOMO reserves the right to transfer your personal information to the new party in control or the party acquiring assets.

 

Questions or Concerns

If you believe that any information we are holding on you is incorrect or incomplete or if you have any other questions or concerns about our privacy policy, please write to or email us as soon as possible at info@myomo.com. We will promptly respond to your inquiry.

 

 

This policy is effective as of January 1, 2017.