AgaMatrix Privacy Policy & End User License Agreement
AgaMatrix Privacy Policy
General:
In this Privacy Policy any references to “we”, “us” or “our”, refer to AgaMatrix. Any references to “our website” and/or “the website” refer to www.wavesense.info.
Our Privacy Policy provides you with our procedures regarding collection, use and disclosure of the information that you may provide to us through the website.
By using the website, you agree to the terms of this Privacy Policy as stated hereto. By submitting information via the website, you give your consent to the collection, use and disclosure of that information in accordance with this Privacy Policy.
AgaMatrix is the sole owner of the information collected on this website. We will not sell, share or rent this information to third parties in ways different from what is disclosed and stated in this Privacy Policy.
Age Group:
This website is not intended for children under the age of 18. Therefore, we will not knowingly collect information from visitors under the age of 18. Nevertheless, parents may participate in this website on behalf of their children.
Type of Information We Collect:
Active Information
This website actively collects information from its visitors by asking you specific questions upon your membership registration and by allowing you to communicate directly with us. We use this information to contact you about the services on our website which you have expressed interest in.
Some of the information that you submit may be personally identifiable information (information that can be uniquely identified with you).
In some instances, the website may ask you to submit personally identifiable information in order for you to benefit from any specified features or to participate in a particular activity. It will be indicated on the website which information is mandatory and which is optional.
Aggregate Information (non-personally identifiable)
In general, you can visit the website without providing us with any identifiable information. However, certain anonymous information can be passively collected using various technologies. Our web server collects IP (Internet Protocol) addresses in order to obtain certain aggregate information concerning the use of our website and in order to diagnose problems with our server. An IP address is a number that is automatically assigned to your computer whenever you are using the web. These tags indicate how many times a page is opened and which information is being viewed. This data is used for system management to improve the service of the website and the information it contains.
This website may also collect anonymous information from your computer through cookies and internet tags or web beacons. Cookies are identifiers that a website can send to your browser to keep on your computer to facilitate your next visit to our website. You may set your browser to notify you when a cookie is sent or to refuse cookies altogether, but certain features of this site might not work without cookies.
This website may use and combine passive anonymous information to provide better service for the website's users, customize the website based on visitor’s preferences, compile and analyze statistics and trends. We do not link such information to any personally identifiable information, without having your prior consent
The Use and Disclosure of Information:
Unless otherwise indicated, AgaMatrix may use the information collected via this website to communicate information to you, to improve the content of the website, for marketing and research purposes and for any other purpose specified. We may use your personal information to contact you for a wide variety of customer relation/customer service purposes, provided that you have requested such service.
We also make use of all information collected through this website that is not personally identifiable, as described above.
We may also disclose your personally identifiable information to specified third parties, such as contractors that we use to support our business and that act on our behalf. Any such third party is required to maintain the confidentiality of the information, must treat the information in accordance with this privacy policy and is prohibited from using that information for any purpose other than as authorized by us.
Information collected through this website may be transferred to law enforcement agencies, upon their request, or where required by applicable laws, court orders and/or government regulations.
AgaMatrix’s website and forums are open to anyone who registers at www.wavesense.info. Users are allowed to read or contribute to these forums. However, we request that all users read and adhere to our guidelines.
By using our website and the website’s forum groups, you agree NOT to do any of the following actions while posting a message in the website:
· harass, threaten, embarrass or slander any person or entity.
· transmit via the website any information, data, text, files, links, software, chat, communication or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable.
· disrupt the normal flow of dialogue in the forum groups or otherwise act in a manner that negatively affects other users.
· post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation.
Whilst every effort is made to ensure that contributors stay within our published guidelines, AgaMatrix cannot be held responsible for any content posted by a contributor to the forum groups. AgaMatrix accepts no liability for the results of following advice or information given by any person who posts on this forum; the forum members or the general public. Anyone acting upon advice or information given on this forum does so entirely at their own risk. The opinions expressed by forum users are not necessarily those of AgaMatrix.
Updating Personal Information and “Opt-Out” option:
We want to ensure that the information we collect is accurate. You may notify us of any changes to your address, phone number, email address or other information by sending us an email message at anne@wavesense.info. We will make sure to take all appropriate steps to update and correct such information in our possession, or to delete your information from our contact list, if you so desire.
Links:
This privacy policy is applicable only to this website. Any other websites which may be linked through our website are subject to their own policy, which may differ from our privacy policy.
Security:
The security of your personal information is important to us. We take reasonable precautions and follow accepted industry standards to protect our users’ information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. All of our users’ information, not just the personally identifiable information mentioned above, is restricted in our offices. Only employees who require the information to perform a specific job are granted access to personally identifiable information. Our employees are regularly updated on our security and privacy practices.
Nevertheless, you should know that no method of transmission over the internet can be fully secured. Therefore, despite all our effort to protect your personal information, we cannot guarantee its absolute security at all times.
Changes to this Policy:
AgaMatrix may change this policy from time to time. Any changes will be posted on this site. Please make sure to check up on our privacy policy, especially before providing any personally identifiable information.
Contact Us:
If you have any further questions and/or suggestions regarding our privacy policy, please contact us.
End User License Agreement
1. The word "AgaMatrix" means The AgaMatrix, Inc. and its affiliates. The word "or" includes the word "and". The phrase "Claims or Losses" means any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs, judgments, settlements, and expenses of whatever nature, whether incurred by or issued against an indemnified party or a third party, including, without limitation, (1) indirect, special, punitive, consequential or incidental loss or damage, (including, but not limited to, loss of anticipated profits, loss by reason of shutdown in operation or increased expenses of operation, or other indirect loss or damage) and (2) administrative costs, investigatory costs, litigation costs, and auditors' and attorneys' and fees and disbursements (including in-house personnel). The word "Person" means any natural person, proprietorship, corporation, partnership, or other entity whatsoever. The word “Information” means any information stored on or generated by an AgaMatrix device, system, or product.
2. User is granted the right to receive the Information under the terms stated herein and solely for the purpose of assisting User in the tracking of User’s blood glucose levels. HOWEVER, THE INFORMATION SHOULD NOT BE USED AS A MEDICAL TREATMENT TOOL AND USERS SHOULD ALWAYS CONSULT THEIR PHYSICIAN FOR ADVICE ON MEDICAL TREATMENT. The Information is licensed on a non-exclusive basis and only for the User’s personal or internal business use.
3. User acknowledges that AgaMatrix, Inc., in its sole discretion, may from time to time make modifications to its devices, systems, products, or the Information. Such modifications may require corresponding changes to be made in User’s systems. Changes or the failure to make timely changes by User may sever or affect User's access to or use of the Information. AgaMatrix, Inc. shall not be responsible for such effects.
4. User acknowledges and agrees that AgaMatrix has proprietary rights in the Information that originates on or derives from AgaMatrix or AgaMatrix devices or systems.
6. User shall comply promptly with any reasonable and legally permissible request from AgaMatrix, Inc. for information regarding the User’s receipt, processing, display and redistribution of the Information.
7. AGAMATRIX, INC.'S WARRANTIES/DISCLAIMER OF WARRANTIES. AGAMATRIX, INC. SHALL ENDEAVOR TO ENSURE THE ACCURACY OF THE INFORMATION HOWEVER AGAMATRIX CANNOT GUARANTY SUCH INFORMATION.
8. EXCLUSIVE REMEDY AGAINST AGAMATRIX, INC. SHALL BE (A) A CREDIT OF ANY MONIES PAID BY USER FOR THE AGAMATRIX PRODUCT AT ISSUE. SUCH CREDIT OR REFUND SHALL, IF APPLICABLE, BE REQUESTED BY WRITTEN NOTICE TO AGAMATRIX, INC. WITH ALL PERTINENT DETAILS. BEYOND THE WARRANTIES STATED IN THIS SECTION, THERE ARE NO OTHER WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY ANY IMPLIED WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE.
9. AGAMATRIX, INC.’S LIMITATION OF LIABILITY. (A) EXCEPT AS MAY OTHERWISE BE SET FORTH HEREIN, AGAMATRIX, INC. SHALL NOT BE LIABLE TO USER, ANY OTHER PERSON FOR INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL LOSS OR DAMAGE (INCLUDING, BUT NOT LIMITED TO, LOSS BY REASON OF SHUTDOWN IN OPERATION OR INCREASED EXPENSES OF OPERATION, OR OTHER INDIRECT LOSS OR DAMAGE) OF ANY NATURE ARISING FROM ANY CAUSE WHATSOEVER, EVEN IF AGAMATRIX, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (B) IF AGAMATRIX, INC. IS FOR ANY REASON HELD LIABLE TO USER OR TO ANY OTHER PERSON, WHETHER IN TORT OR IN CONTRACT, THE LIABILITY OF AGAMATRIX, INC. WITHIN A SINGLE YEAR (FROM THE EFFECTIVE DATE OF THE AGREEMENT) OF THE AGREEMENT IS LIMITED TO AN AMOUNT OF USER’S DAMAGES THAT ARE ACTUALLY INCURRED BY USER IN REASONABLE RELIANCE, AND WHICH AMOUNT DOES NOT EXCEED THE LESSER OF: (I) THE AMOUNT SPENT BY USER ON AGAMATRIX PRODUCTS IN THE PECEEDING 12 MONTHS OR (II) $500.00. (D) THIS SECTION SHALL NOT RELIEVE AGAMATRIX, INC., USER OR ANY OTHER PERSON FROM LIABILITY FOR DAMAGES THAT RESULT FROM THEIR OWN GROSS NEGLIGENCE OR WILLFUL TORTIOUS MISCONDUCT, OR FROM PERSONAL INJURY OR WRONGFUL DEATH CLAIMS.(E) USER AND AGAMATRIX, INC. UNDERSTAND AND AGREE THAT THE TERMS OF THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK AND LIMITATION OF LIABILITY.
10. Notwithstanding any other term or condition of this Agreement, AgaMatrix, Inc., its third party information providers or User shall not be obligated to perform or observe their respective obligations undertaken in this Agreement (except for obligations to make payments hereunder and regulatory obligations) if prevented or hindered from doing so by any circumstances found to be beyond their control.
11. User will indemnify and hold harmless AgaMatrix, Inc. and its employees, officers, directors, and other agents from any and all Claims or Losses imposed on, incurred by or asserted as a result of or relating to: (a) any noncompliance by User with the terms and conditions hereof; (b) any third-party actions related to User's receipt and use of the Information, whether authorized or unauthorized under the Agreement.
12. Each party warrants and represents and will indemnify and hold harmless (and in every case, AgaMatrix, Inc. shall be permitted to solely defend and settle) another party (including AgaMatrix, Inc.) and their officers, directors, employees, and other agents, against any Claims or Losses arising from, involving, or relating to a claim of infringement or other violation of an intellectual property right by the indemnifying party, its actions or omissions, equipment, or other property related to User’s use of the Information. This right is conditioned on the indemnified party giving prompt written notice to the indemnifying party (as does not prejudice the defense) of the Claims or Losses and providing cooperation in the defense of the Claims or Losses (without waiver of attorney-client, work-product or other legal privilege, or disclosure of information legally required to be kept confidential).
13. In the event of any conflict between the terms of this Agreement and of any other agreement, the terms of this Agreement shall prevail as between AgaMatrix, Inc. and User.
14. This Agreement may be terminated by AgaMatrix, Inc. on 30 days written notice either to User. AgaMatrix, Inc. may also alter any term of this Agreement on 60 days written notice either to User, and any use after such date is deemed acceptance of the new terms. In the event of User breach, discovery of the untruth of any representation of User, or where directed by a regulatory authority, AgaMatrix, Inc. may terminate this Agreement on not less than three (3) days written notice to User provided either by AgaMatrix, Inc.
15. Individuals executing this Agreement on behalf of User which is a proprietorship, corporation, partnership or other entity, represent that such individual is duly authorized by all necessary and appropriate corporate or other action to execute the Agreement on behalf of User.
16. All notices, invoices, and other communications required to be given in writing under this Agreement shall be directed to: AgaMatrix, Inc., 10 Manor Parkway, Salem, NH, 03079, USA or to User at the last address known and shall be deemed to have been duly given upon actual receipt by the parties, or upon constructive receipt if sent by certified mail, postage pre-paid, return receipt requested, at such address or to such other address as any party hereto shall hereafter specify by written notice to the other party or parties hereto.
17. Except as otherwise provided herein, no provision of this Agreement may be amended, modified, or waived, unless by an instrument in writing executed by a duly authorized signatory of the party against whom enforcement of such amendment, modification, or waiver is sought. No failure on the part of AgaMatrix, Inc. or User to exercise, no delay in exercising, and no course of dealing with respect to any right, power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Agreement. If any of the provisions of this Agreement, or application thereof to any Person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provisions to Persons or circumstances other than those as to which they are held invalid or unenforceable, shall not be affected thereby and each such term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
18. The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely, obligations relating to intellectual property, indemnification, limitation of liability, warranties, and disclaimer of warranties.
19. This Agreement shall be deemed to have been made in the United States in the State of New Hampshire and shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the State of New Hampshire, without reference to principles of conflicts of laws thereof. User hereby consents to submit to the jurisdiction of the courts of or for the State of New Hampshire in connection with any action or proceeding instituted relating to this Agreement.
