Welcome to MYOMO. com (“SITE”) brought to you (“User” or “You”) by Myomo, Inc. (“MYOMO®”). Please feel free to browse and learn about the services MYOMO provides through this SITE, subject to the following Terms and Conditions of Use (“TERMS AND CONDITIONS”) which may be updated from time to time without notice.
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING the SITE (“MYOPRO™”).
SERVICE
This Site is intended solely for Users who live within the United States and Canada. Residents of other countries may provide their information but may be transferred to another site or staff outside of the US for follow up service. Any registration by, use of, or access to the SITE by anyone is unauthorized, unlicensed, and in violation of these TERMS AND CONDITIONS.
In order to use the SITE, User must obtain access to the Internet, either directly through devices that access web-based content and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet.
COPYRIGHT NOTICE
This SITE is owned by MYOMO, INC. and any use or tampering with this SITE or its contents will be subject to US Copyright laws. The SITE is protected by Federal and common law copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. MYOMO reserves all other rights.
TRADEMARK NOTICE
MYOMO, Inc. is the owner of several trademarks displayed herein registered in the US and elsewhere. You may not remove, alter or deface any trademarks on the SITE or on the Products.
USE OF SITE/LICENSE
User is granted a non-exclusive license to use the SITE. User has no rights to download or modify, revise or redistribute the content. If a User is provided with a log in and password, only that User may access the SITE and is prohibited from sharing access. To do so will terminate the User’s access to the SITE.
USE OF INFORMATION PROVIDED
SEE our PRIVACY POLICY.
CONDUCT
User is solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the SITE. You agree that you will not: (i) upload, post, e-mail, or otherwise transmit any User Content that you do not have a right to transmit; (iii) upload, post, e-mail, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; (iv) alter, damage, or delete any content or other communications that are not your own or to otherwise interfere with the ability of others to access or use the Services; (v) disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges; (vi) claim a relationship with or to speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship; (vii) upload, post, e-mail, or otherwise transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other users including, without limitation, “junk mail,” “spam,” “chain letters,” or “pyramid schemes”; (viii) interfere with or disrupt the SITE or servers or networks connected to the SITE, or disobey any requirements, procedures, policies, or regulations of networks connected to the SITE; (ix) collect or store personal data about other users; (x) reproduce, duplicate, copy, use, distribute, sell, resell, or otherwise exploit for any commercial purposes, any portion of or the SITE; (xi) stalk or otherwise harass another; or (xii) collect or store personal information about other users without their permission. Any content posted to the SITE is the property of MYOMO, INC.
You acknowledge that MYOMO does, under Federal Regulations pre-screens its Content, and that MYOMO shall have the right (but not the obligation) in its sole discretion to refuse or move any User Content that is available through its SITE. Without limiting the foregoing, MYOMO has the right to remove any Content that violates the TERMS AND CONDITIONS or is otherwise objectionable. You agree and acknowledge that MYOMO may preserve Content and may disclose a User unless required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process, enforce the TERMS AND CONDITIONS, respond claims that any Content violates the rights of third parties or protect the rights, property or personal safety of MYOMO, its Users and the public. MYOMO does not warrant its content.
SURVIVAL
In the event that the LICENSE is terminated, the remaining provisions of the TERMS AND CONDITIONS shall survive.
EXCLUSION OF WARRANTY ON SOFTWARE
User expressly acknowledges and agrees that use of the SOFTWARE to run the SITE is at your sole risk. The SOFTWARE is provided “AS IS” and without warranty of any kind and MYOMO, MYOMO’s affiliates and their licensors (in this section, MYOMO, its affiliates and their licensors shall be collectively referred to as “MYOMO”) EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MYOMO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR FREE. MYOMO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MYOMO OR A MYOMO AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE YOU (AND NOT MYOMO OR A MYOMO AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Without limiting the foregoing, you expressly understand that any other computer hardware, software, or data could be damaged by installing or using the SOFTWARE on your computer and that MYOMO is not responsible for any such damage. You are responsible for installation of the SOFTWARE and use of the SOFTWARE with your DEVICE.
LIMITATION OF LIABILITY
MYOMO, (IN THIS SECTION, MYOMO, AND THEIR RESPECTIVE LICENSORS SHALL BE COLLECTIVELY REFERRED TO AS “MYOMO”) SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY RELATED TO THE SOFTWARE OR THE PRODUCT. SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE OF THE SOFTWARE, PRODUCT OR ANY ASSOCIATED HARDWARE, DOWN TIME AND USER’S TIME, EVEN IF MYOMO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, MYOMO’S ENTIRE LIABILITY UNDER ANY PROVISION OF THESE TERMS AND CONDITIONS SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID ALLOCABLE TO THE ASSOCIATED PRODUCT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
SOFTWARE DATA COLLECTION AND MONITORING
The SITE contains features which may allow MYOMO and/or third parties to collect data from, control and/or monitor computers and devices running or interacting with the SOFTWARE. By accepting the TERMS AND CONDITIONS of this SITE you hereby consent to such activities.
AUTOMATIC UPDATE FEATURE
From time to time, MYOMO or third parties may automatically update or otherwise modify the SITE, including, but not limited to, for purposes of enhancement of security functions, error correction and improvement of functions, at such time as you interact with MYOMO’s or third parties’ servers, or otherwise. Such updates or modifications may delete or change the nature of features or other aspects of the SITE including functions you may rely upon. You hereby agree that such activities may occur at MYOMO’s sole discretion and that MYOMO may condition continued use of the SITE upon your complete installation or acceptance of such update or modifications. Any updates/modifications shall be deemed to be, and shall constitute part of, the SOFTWARE for purposes of this LICENSE. By acceptance of these TERMS AND CONDITIONS, you consent to such updates/modifications.
MODIFICATION
MYOMO reserves the right to amend any provision of these TERMS AND CONDITIONS, including but not limited to the LICENSE, at its sole discretion by notice to you at the email address you provided to MYOMO as part of your registration, by posting amended terms on the SITE, or any other legally recognizable form of notice. If you do not agree to the amended terms, with notice to you by MYOMO before they take effect, you must stop using the SOFTWARE within two (2) weeks of the completion of the update. Your continued use of the SOFTWARE after notice shall be deemed to be your agreement to be bound by such amendment(s).
COMPLIANCE
ACCESSIBILITY POLICY
MYOMO ensures that its SITE is accessible to all Users. It adheres to the standards set forth in WCAG 2.0 Level AA.
HIPAA
MYOMO complies with the requirements of the Health Insurance Portability and Accountability Act. (“HIPAA”) in its collection, use, storage of your protected information for which you have granted permission to collect herein.
CAN SPAM LAW
MYOMO complies with this statute to ensure that you do not receive unsolicited emails without your consent.
PROHIBITION ON EXPORT
EXCEPT FOR EXPORT TO CANADA FOR USE IN CANADA BY CITIZENS OF THE UNITED STATES OR CANADA, THE SOFTWARE FOR THIS SITE AND ANY UNDERLYING TECHNOLOGY MAY NOT BE EXPORTED OUTSIDE THE UNITED STATES OR TO ANY FOREIGN ENTITY OR “FOREIGN PERSON” AS DEFINED BY U.S. GOVERNMENT REGULATIONS, INCLUDING, WITHOUT LIMITATION, ANYONE WHO IS NOT A CITIZEN, NATIONAL, OR LAWFUL PERMANENT RESIDENT OF THE UNITED STATES. BY USING THE SOFTWARE, YOU ARE AGREEING TO THE FOREGOING AND YOU ARE WARRANTING THAT YOU ARE NOT A “FOREIGN PERSON” OR UNDER THE CONTROL OF A FOREIGN PERSON. MYOMO’S AFFILIATE, MYOMO GMBH MAY LINK TO THIS SITE. ALL LAWS PERTAINING TO THE EU AND GDPR SHALL BE COMPLIED WITH HEREIN.
SEVERABILITY
If any part of this LICENSE is held invalid or unenforceable, the other parts will remain valid.
GOVERNING LAW AND JURISDICTION
These TERMS AND CONDITIONS shall be governed by the laws of the Commonwealth of Massachusetts.
RELATIONSHIP OF THE PARTIES
These TERMS AND CONDITIONS does not create an agency, partnership, or joint venture relationship between you and MYOMO. In no way is either MYOMO, or MYOMO’s affiliates, to be construed as your agent in any respect nor do you have the right to obligate or bind MYOMO in any manner whatsoever.
THIRD PARTY BENEFICIARY
For all purposes of this LICENSE, MYOMO shall be expressly deemed an intended third party beneficiary of this LICENSE and shall have the right to enforce the terms and conditions of this LICENSE.
ENTIRE DOCUMENT
These TERMS AND CONDITIONS set forth the entire understanding and agreement between you and MYOMO as to the matters covered in these TERMS AND CONDITIONS and supersedes and replaces any prior understanding, TERMS AND CONDITIONS or statement of intent, in each case, written or oral, of any and every nature with respect to such understanding, TERMS AND CONDITIONS or statement.
Should you have any questions concerning these TERMS AND CONDITIONS or this limited warranty, you may contact MYOMO by writing to MYOMO at Myomo, Inc.
45 Blue Sky Dr, Suite 101, Burlington, MA 01803
© Myomo, Inc. 2024
Last Updated December 2024
