Terms of Service

Effective: April 18, 2017

Thanks for using PtEverywhere, a service provided by Inovaetion Inc. (“Inovaetion,” “we,” or “us”). These terms of service (“Terms”) cover your use and access to the PtEverywhere services, software, applications, and websites (“Services”). Our Privacy Policy explains how we collect and use your information. By using our Services, you’re agreeing to be bound by these Terms and our Privacy Policy. If you’re using our Services for an organization, you’re agreeing to these Terms on behalf of that organization.

Your Materials & Your Permissions

When you use our Services, you provide us with things like your files, content, messages, contacts and so on (“Your Materials”). Your Materials are yours. These Terms don’t give us any rights to Your Materials except for the limited rights that enable us to offer the Services.

We need your permission to do things like hosting Your Materials, backing it up, and sharing it when you ask us to. Our Services also provide you with features like editing, sharing and searching. These and other features may require our systems to access, store and scan Your Materials. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.

Sharing Your Materials

Our Services let you share Your Materials with others, so please think carefully about what you share.

Your Responsibilities

You’re responsible for your conduct. Content in the Services may be protected by others’ intellectual property rights. Please don’t copy, upload, download or share content unless you have the right to do so.

We may review your conduct and content for compliance with these Terms. With that said, we have no obligation to do so. We aren’t responsible for the content people post and share via the Services.

Help us keep you informed and Your Materials protected. Safeguard your password to the Services, and keep your account information current. Don’t share your account credentials or give others access to your account.

You may use our Services only as permitted by applicable law, including export control laws and regulations. Finally, our Services are not intended for and may not be used by people under the age of 13. By using our Services, you are representing to us that you’re over 13.

Beta Services

We sometimes release products and features that we are still testing and evaluating. Those Services have been marked beta, preview, early access, or evaluation (or with words or phrases with similar meanings) and may not be as reliable as our other services, so please keep that in mind.

Our Materials

The Services (including the library of exercises) are protected by copyright, trademark, and other US and foreign laws.
These Terms don’t grant you any right, title or interest in the Services (other than the right to use the Services in connection with your subscription), others’ content in the Services, Inovaetion trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.

Fees

Payment. You will pay all fees for the Services selected by you. Fees are based on Services and not actual usage, and fees paid are non-refundable. You will provide us with valid and updated credit card information, and you authorize us to charge such credit card for all Services ordered by you for the initial subscription term and any renewal subscription term(s). You can cancel your account at any time, but paid fees are non-refundable.

Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.

Termination

You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if:

(a) you’re in breach of these Terms, or

(b) you’re using the Services in a manner that would cause a real risk of harm or loss to us or other users.

We’ll provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export Your Materials from our Services. If after such notice you fail to take the steps we ask of you, we’ll terminate or suspend your access to the Services.

We won’t provide notice before termination where:

(a) you’re in material breach of these Terms,

(b) doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or

(c) we’re prohibited from doing so by law.

Discontinuation of Services

We may decide to discontinue the Services in response to unforeseen circumstances beyond our control or to comply with a legal requirement. If we do so, we’ll give you reasonable prior notice so that you can export Your Materials from our systems. If we discontinue Services in this way before the end of any fixed or minimum term you have paid us for, we’ll refund the portion of the fees you have pre-paid but haven’t received Services for.

Services “AS IS”

We strive to provide great Services, but there are certain things that we can’t guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, INOVAETION AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.“ WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some places don’t allow the disclaimers in this paragraph, so they may not apply to you.

Limitation of Liability

WE DON’T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO—THIS INCLUDES ANY LIABILITY FOR INOVAETION’S OR ITS AFFILIATES’ FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSIONS AREN’T ALLOWED, WE’RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOESN’T AFFECT CONSUMER RIGHTS THAT CAN’T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.

IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, INOVAETION, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WON’T BE LIABLE FOR:

1. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR
2. ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.
THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT INOVAETION OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS OR RE-SALE PURPOSE, INOVAETION, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. INOVAETION AND ITS AFFILIATES AREN’T RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.

OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF $20 USD OR 100% OF ANY AMOUNT YOU’VE PAID UNDER YOUR CURRENT SERVICE PLAN WITH INOVAETION.

Resolving Disputes

Let’s Try To Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against Inovaetion, you agree to try to resolve the dispute informally by contacting dispute@pteverywhere.com.
We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Inovaetion may bring a formal proceeding.

Judicial forum for disputes. You and Inovaetion agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts of Wake County, North Carolina, subject to the mandatory arbitration provisions below. Both you and Inovaetion consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, European Union member states) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those requirements.

IF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

We Both Agree To Arbitrate. You and Inovaetion agree to resolve any claims relating to these Terms or the Services through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provisions“ section, including its enforceability, revocability, or validity.

Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Raleigh, North Carolina, or any other location we agree to.

Exceptions to Agreement to Arbitrate. Either you or Inovaetion may assert claims, if they qualify, in small claims court in Wake County, North Carolina or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in Wake County, North Carolina to resolve your claim.

NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. If this specific paragraph is held unenforceable, then the entirety of this “Mandatory Arbitration Provisions“ section will be deemed void.

Controlling Law

These Terms will be governed by North Carolina law except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer’s country. This paragraph doesn’t override those laws.

Entire Agreement

These Terms constitute the entire agreement between you and Inovaetion with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

Waiver, Severability & Assignment

Inovaetion’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Inovaetion may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Modifications

We may revise these Terms from time to time to better reflect:

(a) changes to the law,

(b) new regulatory requirements, or

(c) improvements or enhancements made to our Services.

If an update affects your use of the Services or your legal rights as a user of our Services, we’ll notify you prior to the update’s effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you.

If you don’t agree to the updates we make, please cancel your account before they become effective. Where applicable, we’ll offer you a prorated refund based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.

What Information Does PtEverywhere Collect?

When you register or log into your online PtEverywhere accounts via the App, you may be required to share certain personal information with us, for example, your name and address, or other information that can be used to identify you. We may supplement the information that you submit to us online with other personal information that we legally obtain about you from public and non-public records. When you return to your PtEverywhere accounts, this personal information may be used to “authenticate” or confirm your identity in order to secure and properly restrict access to your online accounts.

Through our websites, we collect information using tiny text files called “cookies”. Cookies track the pages you visit and they make web pages load faster and improve your online experience.

When using certain functions via the App, your location information may be used if your mobile device uses global positioning system (“GPS”) technology, trackers or other location tools. If you allow your location information to be obtained, we will use this information solely to return your estimated location and to provide you with more personalized results and/or services. PtEverywhere does not monitor your GPS tracking or location information and does not save this information.

The App also permits you to upload a photograph from your mobile device. The photograph is for your use only and PtEverywhere will not have access to it. It will not be uploaded to a PtEverywhere server.

How We Use Your Personal Information

We do not sell your personal information unless you authorize us, in writing, to do so. Any personal information you provide on our websites or App will be used for the purpose stated on the page where it is collected and in accordance with applicable laws and regulations. To support our business operations and to provide services to you, we may share the information we collect about you with our Customer Service Department, employees and/or third parties that work for us.

Does PtEverywhere allow unaffiliated third parties to access data collected on PtEverywhere’s websites?

You may choose to share information about your visits to PtEverywhere’s App or public website, PtEverywhere.com, through email and social networking sites that are not affiliated with PtEverywhere. If you access these sites through PtEverywhere.com, PtEverywhere will allow third-party companies to collect certain anonymous information about your visits in order to provide advertisements about the goods or services they offer that may be of interest to you. These companies use a cookie or third party web beacon to collect this information. No individually identifiable information (such as your name or address) will be made available to these companies.

How We Keep Your Information Safe

PtEverywhere uses many safety measures to make sure your information is secure. Examples include firewalls and data encryption. We regularly review the security of our electronic systems, including our web pages. We check to make sure our security systems stay up to date and work.

Contacting Us

When you email us, please do not include information you want to keep private. This includes information that could be used to identify you. While the email is on its way to us, someone else may intercept or read it. If you see an email address or a link on a PtEverywhere website that opens an addressed email, do not use it to send private information.

We do not require you to communicate with us electronically. Feel free to call us or mail us a letter if you prefer. You can also contact us to ask that a customer service representative call you. Our main customer service phone number is listed on https://pteverywhere.com/about-us/

Contacting You

We may send you emails about general health coverage and related topics.

Links to Other Sites

To provide you with valuable information, now and then our websites and App have links to third party websites we do not own or control. A link does not mean we approve or endorse a site. We are not responsible for the quality, accuracy, security or privacy practices of sites we do not own. Be sure to read the privacy statement of each site you visit.

Does This Privacy Statement Apply if I’m Not in the U.S. When I Use or Visit PtEverywhere’s Websites or App?

When you use our websites or App from outside the United States, including when you are in the European Union (“EU”), it means you consent to have the personally identifiable information you give us processed outside of the country and, if applicable, outside of the EU.

Terms of Use

When you use our websites or App, you agree to the terms of this statement. This statement is not intended to, and does not create any contractual or other legal rights in or on behalf of any party.

Changes to Our Online and Mobile Privacy Statement

PtEverywhere may change this statement from time to time without notice. The most recent revision date will be listed below and the posted version of the statement will apply to your use of our websites and App.

Thank you.