How We Use Your Personal Information
We may collect Personal Information from you, such as:
- E-mail address
- Date of Birth
- Next Doctor’s Appointment
You may decline to provide us with some or all of your information that personally identifies you, however, restricting information will materially reduce and diminish the value of the App to you.
We may use your Personal Information:
- To respond to your inquiries, comments and posts on different platforms such as social media or to send newsletters/push notifications/texts to you in order to inform you of our present and upcoming services.
- To send to you marketing communications that we believe may be of interest to you.
- To allow you to post or comment on the post of a friend through the App
- To personalize your experience on the App
As we deem appropriate:
- under applicable law, including laws outside your country of residence;
- to comply with legal process;
- to respond to requests from public or government authorities, including public or government authorities outside your country of residence.
Information We Collect From Other Sources
Either directly or through our authorized third-party service providers, we may also collect non-personal information about your use of the App and produce and use aggregated and anonymized information derived from your personal information. This may include de-identified search results and information collected by cookies and similar technologies as described below.
While, as noted above, we collect personal information in connection with our App and for purposes of performing our services, we do not collect any more information than reasonably needed to offer our services as described on the App.
How We Use Your Data
By using, accessing and inputting information in the App you agree that any and all data that you have entered or may enter at a future time, into the App as well as any data you may enter into related features or Services of the App which are not present at the moment within the App but which may be introduced at any time in the future, you consent to the compilation, processing, analyzing as well as anonymous disclosure and sale of the aforementioned data to a third party.
The main objective of data collection is to improve and quantify our Services. In addition to these objectives, the above mentioned compilation, processing, analysis, and anonymous disclosure of data may be conducted with the purpose of:
- Developing anonymous aggregated reports
- improving RPM Healthcare’s algorithms
- quantifying how RPM Healthcare’s services are utilized and
- to consequently develop related new products, services and features which may be used to improve the App or may be sold to you or a third party.
All and any health-related data you enter into the App shall be treated with absolute anonymity and any information that is sold to a third party in that form, including but not limited to aggregated statistical reports shall not include any personal information, including first name, last name, email, phone number, date of birth of a person who has downloaded, accessed and used the Services in connection to the App (“User”).
RPM reserves the right to use such aggregated and de-identified non-personal information collected from its users for any reason in our sole discretion, including but not limited to performing statistical analysis of the aggregated information, including analysis about the behavior of visitors to our App on an aggregated, anonymous basis, or to share such information with third parties.
Disclosing Data To A Third Party
Your data may be disclosed to a third party in the following instances:
- As we develop our business, we might sell or buy businesses or assets. In the event of a sale, merger, reorganization, dissolution or similar event relating to all or a portion of our business or assets,your personal information and data may be part of the transferred assets.
- We may also disclose your data if required to do so by law or in the good faith belief that such action is necessary to:
- comply with a legal obligation,
- protect and defend our rights or property,
- act in urgent circumstances to protect the personal safety of users of the Services or the public.
California Online Privacy Protection Act (“CalOPPA”)
California Customers may request further information about our compliance with California’s privacy law, and may request to review and request changes to their personal information collected and stored by RPM by e-mailing CustomerCare@RPMHealthcare.com or contacting us as stated below.
Special Note For EU Individuals
The information we collect through the App is controlled by RPM Healthcare, which is headquartered in the United States at 360 Central Avenue, Suite 800, St. Petersburg, FL 33701. We also act as a service provider (or data processor) on behalf of and in accordance with our customer’s instructions. When we act as a service provider, if you have questions about the processing of your information or to exercise any applicable legal rights, please contact us via the means to do so provided below.
The legal bases for using your personal information
We collect, use, and share your personal information where we are satisfied that we have an appropriate legal basis to do this. This may be because:
- You have affirmatively given us consent;
- Our use of your personal information is in our legitimate interest as a commercial organization (for example in order to make improvements to our products and services and to provide you with information you request); you have a right to object to processing as explained in the section below titled Your legal rights;
- Our use of your personal information is necessary to perform a contract or take steps to enter into a contract with you; and/or
- Our use of your personal information is necessary to comply with a relevant legal or regulatory obligation that we have (for example, where we are required to disclose personal information to a court or tax authority).
If you would like to find out more about the legal bases on which we process personal information, please contact us using the details below.
Your legal rights
Subject to certain exemptions, and in some cases dependent upon the processing activity we are undertaking, you have certain rights in relation to your personal information:
Right to access, correct, and delete your personal information: You have the right to request access to the personal information that we hold about you and:(i) the source of your personal information; (ii) the purposes, legal basis and methods of processing; (iii) the data controller’s identity; and (iv) the entities or categories of entities to whom your personal information may be transferred.
You also have the right to request that we delete your information.
We are not required to comply with your request to erase personal information if the processing of your personal information is necessary for compliance with a legal obligation or for the establishment, exercise, or defense of legal claims.
Right to restrict the processing of your personal information: You have the right to restrict the use of your personal information when (i) you contest the accuracy of the data; (ii) the use is unlawful but you do not want us to erase the data; (iii) we no longer need the personal information for the relevant purposes, but we require it for the establishment, exercise, or defense of legal claims; or (iv) you have objected to our personal information use justified on our legitimate interests verification as to whether we have a compelling interest to continue to use your data.
We can continue to use your personal information following a request for restriction, where:
- we have your consent; or
- to establish, exercise or defend legal claims; or
- to protect the rights of another natural or legal person.
Right to data portability: To the extent that we process your information (i) based on your consent or under a contract; and (ii) through automated means, you have the right to receive such personal information in a structured, commonly used, machine-readable format, or you can ask to have it transferred directly to another data controller.
Right to object to the processing of your personal information: You can object to any processing of your personal information which has our legitimate interests as its legal basis, if you believe your fundamental rights and freedoms outweigh our legitimate interests. If you raise an objection, we have an opportunity to demonstrate that we have compelling legitimate interests which override your rights and freedoms.
Right to obtain a copy of personal information safeguards used for transfers outside your jurisdiction: You can ask to obtain a copy of, or reference to, the safeguards under which your personal information is transferred outside of the United States.
File a complaint if you feel your rights are violated: We ask that you please attempt to resolve any issues with us first, although you have a right to contact supervisory authority at any time.
- You can complain if you feel we have violated your rights by contacting us at CustomerCare@RPMHealthcare.com.
- You can file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-877-696-6775, or visiting https://www.hhs.gov/ocr/privacy/hipaa/complaints/.
- We will not retaliate against you for filing a complaint.
How to Exercise Your Rights: If you would like to exercise any of the rights described above, please send us a request at CustomerCare@RPMHealthcare.com. In your message, please indicate the right you would like to exercise and the information that you would like to access, review, correct, or delete.
We may ask you for additional information to confirm your identity and for security purposes, before disclosing the personal information requested to you. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive.
We may not always be able to fully address your request, for example if it would impact the duty of confidentiality we owe to others, or if we are legally entitled to deal with the request in a different way.
Cross-border Transfer of Information
RPM Healthcare generally maintains servers and systems in the United States hosted by third party service providers. We also may subcontract the processing of your data to, or otherwise share your data with, other third parties in the United States or countries other than your country of residence. As a result, where the personal information that we collect through or in connection with our Website is transferred to and processed in the United States for the purposes described above, we will take steps to ensure that the information receives the same level of protection as if it remained within the United States, including entering into data transfer agreements, using the EU Commission approved Standard Contractual Clauses, or by relying on certification mechanisms such as the EU – US Privacy Shield. You may have a right to details of the mechanisms under which your data is transferred outside the United States.
360 Central Avenue, Suite 800
St. Petersburg, FL 33701
We offer you choices about how to manage how we communicate with you.
- Email/Direct Mail. You may opt out of receiving marketing emails from us at any time by sending an email to CustomerCare@RPMHealthcare.com or by clicking on the unsubscribe link in our emails. You will continue to receive service-related emails (e.g. order status). To opt out of direct mail, please send your request to [CustomerCare@RPMHealthcare.com and include your postal address in the body of the email.
- Targeted Advertising. If you do not want information about your activity on our App to be used for tailored advertising, please visit the page hosted by the Network Advertising Initiative and follow the instructions there.
- Updating Your Profile. You may update or correct your personal information related to your account through your dashboard of your account or by contacting Customer Support at CustomerCare@RPMHealthcare.com. If you wish to request deletion of your personal information, then please contact us at CustomerCare@RPMHealthcare.com . We will respond to requests within a reasonable timeframe.
- Request Confidential Communications. You can ask us to contact you in a specific way (for example, home or office phone) or to send mail to a different address.
We retain and use your information as necessary to comply with our legal obligations, contractual statute of limitations, resolution of disputes, and enforcement of our agreements. Please note that we may not be able to delete all of your data upon request depending on the reasons above and the nature of your interactions with the App.
If you are under thirteen, please do not submit any Personal Data and Information through the App or our website without consent from a parent or guardian. Parents who are using the App and our website for their children who are under 13 will be responsible for any data and Personal Information they enter into the App.
Migraine Monitor is, under no circumstances, meant to make a diagnosis or provide treatment for any health condition. For a proper diagnosis of your medical condition and the treatment that may stem from such a diagnosis, consult a doctor or related health care professional.
Terms of Service
Last updated: March 26, 2021
1. Eligibility and Acceptance
- Reside in the United States or any of its territories or possessions; and
- Are 18 years of age or older.
By using the Services, you represent and warrant that you are of legal age to form a binding contract with RPM, are not associated with a company providing similar services, and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
2. Updates to the Terms
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website. Your continued use of the Services following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
3. Accessing the Services; Account Registration and Security
4. Intellectual Property Rights
The Services and their 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 RPM, 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. We grant you a limited, personal, non-exclusive, and non-transferable license to access and use the Services only as expressly permitted in these Terms of Service. You must not reproduce, distribute, license, sell, modify, create derivative works of, publicly display, publicly perform, republish, broadcast, download, store, or transmit any of the material accessible using our Services, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- You may download a single copy of any mobile application to your mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials of the Services.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Service, your right to use the Services 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 Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by RPM. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws. The RPM name, marks including the RPM logos, and all related names, logos, product and service names, designs, and slogans are trademarks of RPM. You must not use such marks without the prior written permission of RPM. All other names, logos, product and service names, designs, and slogans that may appear in the Services are the trademarks of their respective owners.
5. Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Services:
- In any way that competes with our business.
- 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).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Service.
- To transmit, or procure the sending of, any mass advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate RPM, an RPM employee, another user, or any other person or entity (including, without limitation, by using email addresses or user names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm RPM or users of the Services, or expose them to liability.
Additionally, you agree not to:
- Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
- Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
- Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Services.
- 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 Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Services.
6. User Generated Content and Other User Submissions
The Services may contain interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons, or otherwise provide (hereinafter, “post”), content, materials or other data (collectively, “User Submissions”) on, to or through the Services. All User Submissions must comply with the Content Standards set out in these Terms of Service. Any User Submission you post through the Services will be considered non-confidential and non-proprietary.
In addition to the Prohibited Uses set forth in Section 5 above, and for the avoidance of doubt, the following types of User Submissions are prohibited:
- Child Endangerment: content that sexualizes minors including but not limited to, content that promotes pedophilia or inappropriate interaction targeted at a minor (e.g. groping or caressing).
- Sexual Content and Profanity: content including pornography, or any content or services intended to be sexually gratifying, such as depictions of sexual nudity, or sexually suggestive poses in which the subject is nude, blurred or minimally clothed, and/or where the clothing would not be acceptable in an appropriate public context; depictions, animations or illustrations of sex acts, sexually suggestive poses or the sexual depiction of body parts; content that depicts or are functionally sexual aids, sex guides, illegal sexual themes and fetishes; content that is lewd or profane – including but not limited to content which may contain profanity, slurs, explicit text, adult/sexual keywords in the store listing or in-app; content that depicts, describes, or encourages bestiality; content that promotes sex-related entertainment, escort services, or other services that may be interpreted as providing sexual acts in exchange for compensation; content that degrade or objectify people.
- Hate Speech: content that promotes violence, or incites hatred against individuals or groups based on race or ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, or any other characteristic that is associated with systemic discrimination or marginalization. Hate speech includes without limitation: content or speech asserting that a protected group is inhuman, inferior or worthy of being hated; content that contains hateful slurs, stereotypes, or theories about a protected group possessing negative characteristics (e.g. malicious, corrupt, evil, etc.), or explicitly or implicitly claims the group is a threat;content or speech trying to encourage others to believe that people should be hated or discriminated against because they are a member of a protected group;content which promotes hate symbols such as flags, symbols, insignias, paraphernalia or behaviors associated with hate groups.
- Violence: content that depicts or facilitates gratuitous violence or other dangerous activities, such as graphic depictions or descriptions of realistic violence or violent threats to any person or animal; content that promotes self-harm, suicide, bullying, harassment, eating disorders, choking games or other acts where serious injury or death may result.
- Terrorist Content: content related to terrorism, such as content that promotes terrorist acts, incites violence, or celebrates terrorist attacks.
- Sensitive Events: content that lacks reasonable sensitivity towards or capitalizes on a natural disaster, atrocity, conflict, death, or other tragic event, such as posts that lacking sensitivity regarding the death of a real person or group of people due to suicide, overdose, natural causes, etc.; posts denying a major tragic event; content appearing to profit from a tragic event with no discernible benefit to the victims.
- Bullying and Harassment: content that contains or facilitates threats, harassment, or bullying, including bullying victims of international or religious conflicts; content that seeks to exploit others, including extortion, blackmail, etc.;content posted in order to humiliate someone publicly; content harassing victims, or their friends and families, of a tragic event.
- Dangerous Products: content that facilitated the sale of explosives, firearms, ammunition, or certain firearms accessories, including accessories include those that enable a firearm to simulate automatic fire or convert a firearm to automatic fire (e.g. bump stocks, gatling triggers, drop-in auto sears, conversion kits), and magazines or belts carrying more than 30 rounds; content that provides instructions for the manufacture of explosives, firearms, ammunition, restricted firearm accessories, or other weapons, which includes instructions on how to convert a firearm to automatic, or simulated automatic, firing capabilities.
- Marijuana: content that facilitates the sale of marijuana or marijuana products, regardless of legality, such as assisting users in arranging delivery or pick up of marijuana; content that facilitates the sale of products containing THC (Tetrahydrocannabinol), including products such as CBD oils containing THC.
- Tobacco and Alcohol: content that facilitates the sale of tobacco (including e-cigarettes and vape pens) or encourages the illegal or inappropriate use of alcohol or tobacco, including content depicting or encouraging the use or sale of alcohol or tobacco to minors; content implying that consuming tobacco can improve social, sexual, professional, intellectual, or athletic standing; content portraying excessive drinking favorably, including the favorable portrayal of excessive, binge or competition drinking.
- Gambling and Financial Services: content that facilitates or promotes gambling or financial products and services of any kind.
- Illegal Activities: content that facilitates or promote illegal activities of any kind, including facilitating the sale or purchase of illegal drugs or prescription drugs without a prescription; depicting or encouraging the use or sale of drugs, alcohol, or tobacco by minors; providing instructions for growing or manufacturing illegal drugs;
- Unapproved Substances: content promoting or offering for sale unapproved substances; products that contain ephedra; products containing human chorionic gonadotropin (hCG) in relation to weight loss or weight control, or when promoted in conjunction with anabolic steroids; herbal and dietary supplements with active pharmaceutical or dangerous ingredients; false or misleading health claims, including claims implying that a product is as effective as prescription drugs or controlled substances; non-government approved products that are marketed in a way that implies that they’re safe or effective for use in preventing, curing, or treating a particular disease or ailment; products that have been subject to any government or regulatory action or warning; products with names that are confusingly similar to an unapproved pharmaceutical or supplement or controlled substance
- Intellectual Property: content that infringes on the intellectual property rights of others (including trademark, copyright, patent, trade secret, and other proprietary rights), or encourages others to infringe intellectual property rights.
- You own or control all rights in and to your User Submissions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
- All of your User Submissions do and will comply with these Terms of Service.
You understand and acknowledge that you are responsible for any User Submissions you submit or contribute, and you, not RPM, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Submissions posted by you or any other user of the Services.
7. Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Submissions for any or no reason in our sole discretion.
- Take any action with respect to any User Submission that we deem necessary or appropriate in our sole discretion, including if we believe that such User Submission violates the Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for RPM.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
- Terminate or suspend your access to all or part of the Services for any violation of these Terms of Service.
- Terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS RPM AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review all material before it is posted to the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
8. Content Standards
These content standards apply to any and all User Submissions and use of Interactive Services. User Submissions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Submissions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person, or otherwise contain any content, materials, data or other information that is not lawfully provided to us.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
9. Copyright Infringement
We take claims of copyright infringement seriously and we will respond to notices of alleged copyright infringement that comply with applicable law. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers. If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our copyright agent designated below. To be valid in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is: Copyright Agent RPM Healthcare, LLC firstname.lastname@example.org. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
10. Reliance on Information
The information presented on or through the Services 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 materials by you or any other user (whether registered or a guest) of the Services, or by anyone who may be informed of any of its contents. The Services include content provided by third parties, including materials provided by brands, other third party service providers, retailers, and/or other users. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by RPM, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of RPM. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
11. Updates to the Services
We may update the content on our Services from time to time, but the content is not necessarily complete or up-to-date. Any of the material on any Service may be out of date at any given time, and we are under no obligation to update such material.
12. Information About You and Your Use of the Services
13. Online Purchases and Pricing
All purchases through our site or other transactions for the sale of goods, services, or information formed through the Services, or resulting from visits made by you, are governed by the terms applicable to the corresponding marketplace. You are responsible for reviewing and agreeing to such terms. If you do not review or do not agree with the applicable terms for online purchases, do not make any purchases through the Services. You acknowledge that pricing with respect to the Services, and pricing of goods, services, or information formed through the Services, may be modified or introduced at any time.
14. Links from the Services; Third Parties
If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in any third-party product marketplaces and in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those third-party sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to in the Services, you do so entirely at your own risk and subject to the terms and conditions of use for, and privacy policies applicable to, such websites. You will comply with, and you acknowledge that you are subject to, all terms and conditions of use for, and privacy policies appliable to, all third parties whose services interoperate with, or are otherwise accessed from, the Services.
15. Geographic Restrictions
We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. You are not permitted to access the Services from outside the United States.
16. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet, the Website, or otherwise through the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. 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, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES, THE WEBSITE, OR ANY FUNCTIONS OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY POSTED MATERIAL, OR ON ANY WEBSITE LINKED TO THE SERVICES. YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY FUNCTIONS OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THE WEBSITES, THEIR CONTENT, AND ANY FUNCTIONS OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER RPM NOR ANY PERSON ASSOCIATED WITH RPM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER RPM NOR ANYONE ASSOCIATED WITH RPM REPRESENTS OR WARRANTS THAT THE SERVICES, THE WEBSITES, THEIR CONTENT, OR ANY FUNCTIONS OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITES OR ANY OTHER FUNCTIONS OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, RPM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
17. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL RPM, 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 SERVICES, THE WEBSITES, ANY WEBSITES LINKED TO THEM, ANY CONTENT OF THE SERVICES OR SUCH OTHER WEBSITES, 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. The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless RPM, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Services, including, but not limited to, your User Submissions, any use of the Services’ content, functions, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Services.
ARBITRATION AND CLASS ACTION WAIVER — IMPORTANT — PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
19.1 ARBITRATION; WAIVER OF TRIAL BY JURY
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING, WITHOUT LIMITATION, DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE JAMS, INC. (“JAMS”) RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT WE OR YOU MAY SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN ANY STATE OR FEDERAL COURT HAVING JURISDICTION TO GRANT IT IN THE EVENT OF AN ACTUAL OR THREATENED INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
19.2 Small Claims Court; Class Action Waiver
As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if such claim is within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US, INCLUDING, WITHOUT LIMITATION, ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding.
These dispute resolution provisions will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event that JAMS is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever banned.
19.4 30-Day Opt-Out Period
If you do not wish to be bound by the arbitration and class-action waiver provisions in this Disputes section, you must notify us in writing within thirty (30) days of the date that you first accept these Terms of Service (unless a longer period is required by applicable law), and then you must litigate any disputes against us in accordance with the Governing Law and Jurisdiction section below. Your written notification must be mailed to us at the address set out at the end of these Terms of Service. If you do not notify us in accordance with this paragraph, you agree to be bound by the terms of this Disputes section, including, without limitation, the arbitration and class-action waiver provisions, and further including such provisions in any revisions we make to these Terms of Service after the date of your first acceptance. Such notification must include: (i) your name; (ii) your email address and mailing address; and (iii) a statement that you do not wish to resolve disputes with us through arbitration or waive your ability to participate in a class action. If we make any changes to this Disputes section (other than a change to the address at which we will receive notices or rejections of future changes to this Disputes section), you may reject any such change by sending us written notice, within thirty (30) days of the change, to the address set out at the end of these Terms of Service. It is not necessary to send us a rejection of a future change to this Disputes section if you had properly opted out within the first thirty (30) days after you first accepted the provisions in this Disputes section. If you have not properly opted out, then by rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Disputes section, as modified by any changes you did not reject. A notification sent pursuant to this paragraph solely affects these Terms of Service; if you previously entered into other arbitration or dispute resolution agreements with us or enter into other such agreements in the future, your notification that you are opting out of the provisions in this Disputes section shall not affect the other arbitration agreements between you and us.
If any of the prohibitions against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Disputes section will be null and void. This Disputes section, including, without limitation, the arbitration agreement and class action waivers contained herein, will survive the termination of your relationship with us.
20. Governing Law and Jurisdiction
All matters relating to the Services and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
21. Waiver and Severability
No waiver by RPM of any term or condition set out in these Terms of Service 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 RPM to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. With the exception of Section 19.5, if any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
22. Entire Agreement
23. Your Comments and Concerns
The Services are operated by RPM Healthcare located at 360 Central Avenue, Suite 800, St. Petersburg, FL 33701. All notices of copyright infringement claims should be sent to the copyright agent designated in these Terms of Service in the manner and by the means set out therein. All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: CustomerCare@RPMHealthcare.com.
The contents of this app (Migraine Monitor), such as text, graphics/infographics, images, and other material contained on the app (“Content”) are for informational purposes only and do not, under any circumstances, constitute medical advice nor diagnosis; the Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Please do not submit questions seeking medical advice or diagnosis to the email address provided on this app, as we would not be in position to provide you with medical advice or diagnosis. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding any medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on any website.
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