BY CLICKING THE “AGREE” BUTTON WHEN ACTIVATING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER AND RESIDE IN THE UNITED STATES; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “AGREE” AND DO NOT ACCESS OR USE THE PLATFORM.
1. Accessing the Platform and Account Security
You are responsible for making all arrangements necessary for you to have access to the Platform.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.
We reserve the right to withdraw or amend this Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform.
2. Intellectual Property Rights
The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by MHWI, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the content from the Platform. You must not rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Platform, or any features or functionality of the Platform, to any third party for any reason. You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform. You must not remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Platform, including any copy thereof.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of this Agreement, your right to use the Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by MHWI. Any use of the Platform not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws.
Application Users: Subject to the terms of this Agreement, MHWI grants you a limited, non-exclusive, and nontransferable license to activate and use the Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with this Agreement. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement.
3. Prohibited Uses
You may use the Platform only for lawful purposes and in accordance with this Agreement. You agree not to use the Platform:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- To impersonate or attempt to impersonate MHWI, one of its employees, another user, or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm MHWI or users of the Platform, or expose them to liability.
Additionally, you agree not to:
- Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.
- Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
- Use any manual process to monitor or copy any of the material on the Platform, or for any other purpose not expressly authorized in this Agreement, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Platform.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
- Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Platform.
4. Application Updates
From time to time, MHWI, in its sole discretion, may develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that MHWI has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
- The Application will automatically download and install available Updates
- you, your employer, or your school will receive notice of or be prompted to download and install available Updates.
You acknowledge and agree that the Application or portions thereof may not properly operate should you, your employer, or your school fail to download and install available updates. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
5. Reliance on Information
The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other Platform user or by anyone who may be informed of any of its contents.
The Platform may display, include, or make available content provided by third parties or provide links to third-party websites or services (“Third-Party Materials”). Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. All statements and/or opinions expressed in any Third-Party Materials are solely the opinions and the responsibility of the person or entity providing such content and do not necessarily reflect the opinion of MHWI. We are not responsible, or liable to you or any third party, for the accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of any Third-Party Materials.
6. No Medical Advice
The Platform does not provide or constitute medical advice. Always ask a doctor or other qualified health provider if you have any question about a medical condition. Do not put off seeing a doctor or ignore a doctor’s advice because of any interaction you have with the Platform. We will not be liable to you or anyone else for any action you or a caregiver take or fail to take based on your use of the Platform. If you think you have a medical emergency, call 911 or your doctor right away.
7. Geographic Restrictions
MHWI is based in the United States and the Platform is provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Platform outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, we do not guarantee its functionality, and you are responsible for compliance with local laws.
8. Warranty Disclaimer
THE PLATFORM IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, MHWI, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PLATFORM, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, MHWI PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL MHWI, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM OR ANY THIRD-PARTY MATERIALS LINKED TO IT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, MOBILE DEVICE, DATA, OR OTHER MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY THIRD-PARTY MATERIALS LINKED TO IT.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to indemnify, defend, and hold harmless MHWI and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Platform or your breach of this Agreement.
MHWI respects your privacy and is committed to protecting it through our compliance with this policy. This policy describes:
- The types of information we may collect or that you may provide when you access or use the Platform.
- Our practices for collecting, using, maintaining, protecting, and disclosing that information.
- Information we collect offline.
- Information you provide to or that is collected by any third party.
- Your employer or school’s use of information collected through the Application.
Your employer, school, and other third parties may have their own privacy policies, which we encourage you to read before providing information to them.
1. Information We Collect and How We Collect It
We collect information about users of our Platform:
- From your employer or school.
- Directly from you when you provide it to us.
- Automatically when you access our Platform.
2. Information Provided by You, Your Employer, or Your School
- You can submit questions and your contact information through our Website to learn more about our Platform or notify us of support needs.
- Your employer or school will provide us with your name and email address so that we can establish your user credentials for the Application. Your employer also may provide us with information about the office location(s) where you work.
- When you initially register the MHWI account obtained by your employer or school, you will need to provide your name and the temporary password sent to you by email so that we can establish your Application credentials.
- MyHealthyWork Employee Users and MyHealthySkool Faculty and Staff Users: During the course of using the Application, you will be asked to provide us with information about your temperature; how you are feeling, including symptoms; other employees or staff with whom you’ve interacted; and QR codes to identify locations you’ve visited within your office(s) or school. You can also provide us with the estimated time you spent in those locations, and the individuals you interacted with in those locations. The QR code functionality will require access to your Mobile Device’s camera. Unless your employer requires otherwise, you do not have to provide information through the Application, but not doing so may decrease the Application’s utility to you, your employer, and other employees.
- MyHealthySkool Student Parent or Student Guardian Users: During the course of using the Application, you will be asked to provide us with information about your child’s temperature, health status, and how they are feeling.
3. Automatic Information Collection
When you access or use the Platform it may use technology to automatically collect:
- Usage Details. When you access and use the Platform, we may automatically collect certain details about your access to and use, including logs, and the resources that you access and use on or through the Platform.
- Device Information. We may collect information about your device and internet connection, including your Mobile Device’s unique device identifier, IP address, operating system, and browser type.
4. Third-Party Information Collection
When you access our Website, certain third parties may use automatic information collection technologies to collect information about you or your device. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps, and other online services. They may use this information to provide you with interest-based advertising or other targeted content.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
5. How We Use Your Information
In addition to the uses set forth above, we also use information that we collect about you or that you provide to us to:
- Provide you with our Platform and its contents, and any other information, products or services that you request from us.
- Communicate with you, including through push notifications (if you have enabled them on your Mobile Device) and through email.
- Notify you when Application updates are available, and of changes to any services or functionalities we offer or provide though it.
- Fulfill any other purpose for which you provide it.
- Carry out our obligations and enforce our rights arising from any contracts entered into between you and us.
The usage information we collect helps us to improve our Platform and to deliver a better and more personalized experience by enabling us to:
- Estimate our audience size and usage patterns.
- Recognize you when you use the Platform.
- Troubleshoot and improve Platform functionality
6. Disclosure of Your Information
We may disclose aggregated information that does not identify specific users without restriction.
In addition, we may disclose personal information that we collect or you provide:
- To your employer or school.
- To our subsidiaries and affiliates.
- To contractors, service providers, and other third parties we use to support our Platform and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of MHWI’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by MHWI about our Platform users is among the assets transferred.
- To fulfill the purpose(s) for which you provide it.
- For any other purpose disclosed by us when you provide the information.
- With your consent.
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
- To enforce our rights arising from any contracts entered into between you and us, between us and your employer, or between us and your school.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of MHWI, our customers, or others.
7. Your Choices About Our Collection, Use, and Disclosure of Your Information
We strive to provide you with choices regarding the personal information you provide to us. With respect to the information you submit through the Application, you should follow the guidelines of your employer or school. You can choose whether to allow the Application to send you push notifications by changing the settings within your Mobile Device.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website: http://www.networkadvertising.org/choices.
8. Data Security
We have implemented commercially reasonable measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to our Application, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.
Children may not use the Platform. Parents or guardians of children may choose to provide information about their child(ren) through the MyHealthySkool Application. We do not knowingly collect personal information from or about children without parental or guardian consent. If we learn we have collected or received personal information from or about a child without parental or guardian consent, we will delete that information. If you believe we might have any information from or about a child whose parent or guardian has not provided consent, please contact us so that we can delete their information.
This policy may change from time to time Your continued use of our Platform after we revise this policy means you accept those changes, so please check the policy periodically for updates. If we make material changes to how we treat our users’ personal information, we will inform you in accordance with applicable law.
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
2. Governing Law
This Agreement is governed by and construed in accordance with the laws of the State of Alabama without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Alabama in each case located in the county of Jefferson. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
3. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
4. Entire Agreement
This Agreement constitutes the entire agreement between you and MHWI with respect to the Platform and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Platform.
5. Conflict and Waiver
In the event of a conflict between this Agreement and any other terms, the terms of this Agreement shall govern.
No waiver by MHWI of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of MHWI to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
6. Contact Us
If you have questions or comments about the Platform, please contact us by emailing:
Last Updated: July 23, 2020