Terms of Use – ActProactive Mobile App

TO USE THE ACTPROACTIVE APPLICATION, YOU MUST READ AND AGREE TO THESE TERMS OF USE.
The ActProactive mobile application (the “App”), including all tools, services, content, and information available on or through the App, is a service made available by TopLine Results Corporation (“Company”). The App and the services provided together are referred to as the “Services.” “We”, “us”, and “our” means the Company and all our parent, subsidiary, and related organizations, and when appropriate includes our employees, directors, trustees, and agents. “You” and “your” means the person using the App.
THE SERVICES ARE INTENDED TO PROVIDE GENERAL INFORMATION ONLY. FOR MEDICAL SERVICES, PLEASE CALL YOUR PHYSICIAN. IN CASE OF AN EMERGENCY, CALL 911.
This is a legal agreement (“Agreement” or “Terms”) between you, for yourself and your heirs and assigns (“You”) and us regarding your use of the Services. By clicking below on “Accept”, you agree to be bound by the terms of this Agreement. If you do not agree to this Agreement, you are not authorized to use the App.
This App is intended to be used by workers of companies (“Employers”) who have engaged ActProactive services. The App provides information to your Employer to assist your Employer in making business decisions about safely managing business operations for team members and clients. It is important that you answer the App questions honestly, but even with accurate information this App cannot prevent the spread of COVID-19 in Your work environment.
Information submitted through the App may not be private. Certain co-workers may be able to see certain health information, such as temperature and whether a co-worker has been exposed to individuals known to have COVID-19. While this information is not considered medical information subject to healthcare privacy laws, some information may be protected by the Americans with Disabilities Act or other laws. It is the responsibility of the user to understand and comply with applicable laws in using the Platform and companion App. TopLine also expects its users to respect the privacy of others and to use the information only for the purposes intended under this App. The Company reserves the right to terminate your access to the App if this information is misused in any way.
The App is not intended for use by children under the age of 13. Children under the age of 13 must have the consent of a parent or guardian to use the App.
Some of the content and functionality of the Services is provided by a third party. You may be asked to also agree to the third party’s terms of use when you access third party content or functionality. We are not responsible for third party terms of use.

License Grant and Intellectual Property

  • THE APP IS LICENSED, NOT SOLD. Subject to all other terms and conditions of this Agreement, Company hereby grants to You a non-exclusive, non-transferable, and non-sublicensable license to use and access the App in the United States only.
  • The Services contain proprietary information and material that is owned by Company and its licensors (individually and collectively, the “Licensors”), and is protected by law, such as copyright laws. You may not modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, or use or exploit the Services in any unauthorized way.
  • You must access and use the Services without violating the law. If You violate the law or this Agreement, Your license and right to use the Services is automatically and immediately revoked.

Third-Party Content & Third-Party Websites

The App may contain third-party content or provide links to third-party websites. You agree Company is not responsible for third-party content or third-party websites, and does not make any endorsements, representations or warranties regarding such third-party content or third-party websites. Your use of third-party content and third-party websites is at your own risk and subject to the third-party’s terms and conditions.

User Content

  • You may submit personal information, comments, ideas, suggestions, photos, reviews and other content (the “Content”) through the App. We are not responsible for any Content you provide. Upon submission, you grant us a license to use, display or otherwise exploit the Content under a perpetual, worldwide, royalty-free, fully paid-up irrevocable right and license, which includes a right to sublicense rights of exploitation. Our rights to the Content will apply to the Content in any form or medium, whether now known or hereafter known. You understand that any information submitted through the public areas of the App will not be confidential.

  • Your responses to the health questions on the App are not private. You agree that we may send the information you provide to your Employer, as indicated to us when you sign up for the App. If you change employers, you must advise us by changing the “Employer” in Settings.

  • As between You and Us, You have complete responsibility for any claim related to illegal use, delivery, display, or similar exploitation of any Content. If notified that Content does not conform to these Terms, we may investigate the allegation and determine in our sole discretion to edit, remove, request the removal of, or take other action with respect to the Content. We have no liability or responsibility to you and other users regarding the Content or our decision with respect to the Content.

  • You represent and warrant to us that (i) you have all right and authority necessary to grant us the rights that you purport to grant in these Terms; (ii) Content you provide is accurate and not misleading; and that (iii) Content you provide is not illegal, obscene, vulgar, harassing, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses or other malicious code, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”
Restrictions on Use. You may not:
  • Knowingly provide false health information;
  • Interfere with, breach or abuse the security measures implemented to protect the Services, the information available through the Services, and/or the resources used to provide the Services;
  • Disrupt or interfere with the operation of the Services;
  • Transmit to or through the App any virus, trojan horse, worm, or similarly harmful, disruptive or destructive computer program, script or object or use or seek to use the computers that are used for the Services as a botnet or otherwise divert the Services resources to your own purposes;
  • Monitor, mirror, copy, summarize, reverse engineer, reverse assemble, decompile or create any derivative work from some or all the App or any materials used to provide the Services (including the underlying software);
  • Unless authorized to do so, use another person’s account or password to access the Services or otherwise obtain unauthorized access to the Services or the data or information of another person;
  • Use the Services or the resources used to support or operate the Services in any illegal manner or for any illegal purpose, or any other manner or purpose that would expose us or our service providers to civil or criminal liability;
  • Use the App to transmit any form of unsolicited commercial e-mail or similar messages or otherwise use the Services for commercial purposes;
  • Use the Services in any manner that could reasonably be expected to damage, disable, overburden or impair access to or the functionality of the App; or
  • Attempt, or permit, encourage or authorize any other person to do any of the foregoing.

General Disclaimer

  • This App is not intended to diagnose or treat any illness, injury or disease. The information, services and features contained in the App are not intended to be a substitute for independent medical judgment or constitute case-specific medical advice or treatment in any way.
  • It is very important that you see your healthcare provider regularly. Do not rely on the App for your healthcare.

Territory

The App is intended for use in the United States. We make no representation that content and materials provided through the Services are legal or appropriate for use from outside the United States. If you access the Services from outside the United States, you do so at your own risk. You may not use the Services in violation of United States export laws and regulations.

Privacy

By using the App, you also agree to the terms of our Privacy Policy. A copy of the Privacy Policy may be found at http://www.actproactive.com/appprivacypolicy/

Your Account

You will need an email address/username and password to set up an account to access certain areas of the App. You are responsible for maintaining the confidentiality of your username and/or password and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password. You agree to provide only current, complete, accurate and truthful information. If you are accessing and using the App on someone else’s behalf, then you represent that you have the authority to bind that person to these Terms. To the extent you do not have such authority you agree to accept all liability for any harm resulting from your access or use. We reserve the right to refuse service, to suspend service, and/or terminate accounts without prior notice if we decide, in our sole discretion, to do so.

Special Features and Events

The App may offer certain special features or other offerings, which may (a) be subject to terms of use, rules and/or policies in addition to or in lieu of these Terms; and (b) be offered by us or by third parties. If so, we will notify you of this and if you choose to take advantage of these offerings, you agree that your use of those offering(s) will be subject to such additional or separate terms of use, rules and/or policies.

Disclaimer of Warranties

General. WE MAKE NO REPRESENTATION OR WARRANTY THAT (i) THE APP WILL MEET YOUR REQUIREMENTS, (ii) ACCESS TO THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE APP WILL MEET YOUR EXPECTATIONS. WE UNDERTAKE NO OBLIGATION TO UPDATE, AMEND OR CLARIFY THE APP. YOU AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK.
No Medical Advice. THE INFORMATION AND SERVICES PROVIDED THROUGH THE APP ARE PROVIDED FOR GENERAL PURPOSES ONLY AND SHOULD NOT BE INTERPRETED AS MEDICAL ADVICE OR A DIAGNOSIS. THE INFORMATION MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. MEDICAL INFORMATION CHANGES RAPIDLY. ALTHOUGH WE MAY UPDATE THE APP, SOME OF THE INFORMATION MAY BE OUT OF DATE OR CONTAIN OTHER ERRORS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION POSTED OR ANY OPINION, ADVICE OR STATEMENT DISPLAYED ON THEH APP. YOU AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK. THE INFORMATION PROVIDED BY THE APP SHOULD NOT BE RELIED UPON FOR SPECIFIC MEDICAL ADVICE FOR ANY PERSON. WE DO NOT, NOR DO OUR REPRESENTATIVES AND AGENTS ASSUME ANY RESPONSIBILITY FOR HOW YOU USE THE INFORMATION PROVIDED THROUGH THE APP. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER IF YOU FEEL ILL OR IF YOU HAVE ANY QUESTIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. YOUR USE OF THE APP AND ANY TOOLS AND FUNCTIONALITY INCLUDED AS PART OF THE APP IS AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH REGARD TO THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS, RESULTS, AND LACK OF NEGLIGENCE.

Limitation of Liability and Remedies

Exclusion. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, REPRESENTATIVES OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF OR INABILITY TO USE THE APP OR ANY ASSOCIATED PRODUCT OR SERVICE, EVEN IF WE KNOW OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APP, OR WITH ANY OF THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APP AND ITS ASSOCIATED PRODUCTS AND SERVICES. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. TO THE EXTENT THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS ARE NOT PERMITTED, THE PARTIES AGREE THAT LIABILITY AND DAMAGES OF COMPANY AND ITS AFFILIATES, REPRESENTATIVES, EMPLOYEES AND AGENTS IN THE AGGREGATE FOR ALL CAUSES WILL BE LIMITED TO $1.00 U.S.

Indemnity

You agree to defend, indemnify, and hold Company, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of or inability to use the App, or your violation of this Agreement.

Governing Law & Jurisdiction

  • This Agreement is governed by the laws of the State of Wisconsin without respect to its conflict of laws principles. Venue shall be in the courts of the State of Wisconsin. By using the App, you accept the jurisdiction of the courts of Wisconsin. All claims must be brought within six (6) months of the date of the first event giving rise to a claim.
  • You irrevocably and unconditionally waive any right You may have to a trial by jury in respect of any legal action arising out of or relating to this Agreement.

Equitable Relief

You agree that a breach by you of these Terms will cause us irreparable damage, which cannot be readily remedied by money damages. Accordingly, we can obtain an immediate injunction against a breach by you, without posting of bond or showing of damages, in addition to any other remedies available.

General

  • Company may immediately terminate this Agreement, including all licenses granted hereunder, at any time with or without cause. We may also modify this Agreement, at any time, in our sole discretion, by posting the modified Agreement on the App. YOUR CONTINUED USE OF THE APP INDICATES YOUR ACCEPTANCE OF THE NEW TERMS.
  • You understand and agree that the terms set forth in the Agreement are intended to protect and benefit your Employer, and that your Employer will have access to, and the right to use, information related to your use of the App.
  • If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, and to the extent necessary, a provision most closely effectuating the intent of Company shall be substituted for such invalid provision. No waiver of any provision of this Agreement shall be deemed a further or continuing waiver of such provision, term or condition or any other provision, term or condition.
  • You are fully responsible for all fees, charges, and taxes incurred while using the App.
  • You may not assign or otherwise transfer this Agreement or any rights or obligations hereunder without Company’s prior written consent. All contributors to the App, including third-party content, are intended third-party beneficiaries of the Agreement.
  • This Agreement and the Privacy Policy constitute the entire agreement with respect to access to and use of the App.
  • The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: User Content, Disclaimer of Warranties, Limitation of Liability and Remedies, Indemnity, Equitable Relief, Governing Law & Jurisdiction, General.

DMCA Notice and Takedown Procedures; and Copyright Agent

  • If You believe any materials made available by or incorporated into the App infringe your copyright, you may request removal of those materials (or access thereto) by contacting the copyright agent identified below and providing the following information:
    1. Identification of the copyrighted work that you believe to be infringed, including a description of the work, and the location of an authorized version of the work.
    2. Identification of the alleged infringing material and its location in sufficient detail to allow us to locate the material.
    3. Your name, address, telephone number and (if available) e-mail address.
    4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
    5. A statement that the information that you have supplied is accurate, and that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
    6. A signature or the electronic equivalent from the copyright holder or authorized representative.
  • The agent for copyright issues relating to the Services is:
  • TopLine Results Corporation
    Attn: President
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