If you are a Prescription Device User, this list details the additional categories of Personal Data that we may collect from you, and categories of Third Parties with whom we share this Personal Data:
If you are a Health Care Provider, this chart details the categories of Personal Data that we may collect from you and categories of Third Parties with whom we share this Personal Data:
If you are visitor to our public-facing website, this chart details the categories of Personal Data that we may collect from you and categories of Third Parties with whom we share this Personal Data:
We collect Personal Data about you from the following categories of sources:
You When you provide such information directly to us.
When you use the Products and Services and such information is collected automatically.
As an Prescription Device User, we collect Personal information from the following sources:
We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated or incompatible purposes without providing you notice.
We disclose your Personal Data to the categories of service providers and other parties listed in this section. Depending on state laws that may be applicable to you, some of these disclosures may constitute a “sale” of your Personal Data. For more information, please refer to the state-specific sections below. Service Providers. These parties help us provide the Products and Services or perform business functions on our behalf. They include:
Analytics Partners. These parties provide analytics on web traffic or usage of the Products and Services. They include:
Business Partners. These parties partner with us in offering various services. They include:
Parties You Authorize, Access or Authenticate
We may share any Personal Data that we collect with third parties in conjunction with any of the activities set forth under “Meeting Legal Requirements and Enforcing Legal Terms” in the “Our Commercial or Business Purposes for Collecting Personal Data” section above.
All of your Personal Data that we collect may be transferred to a third party if we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part). Should one of these events occur, we will make reasonable efforts to notify you before your information becomes subject to different privacy and security policies and practices.
Data that is Not Personal Data
We may create aggregated, de-identified or anonymized data from the Personal Data we collect, including by removing information that makes the data personally identifiable to a particular user. We may use such aggregated, de-identified or anonymized data and share it with third parties for our lawful business purposes, including to analyze, build and improve the Products and Services, to conduct research related to the Products and Services, including to evaluate the number of patients using our Products and Services with a specific clinical diagnosis, and to promote our business, provided that we will not share such data in a manner that could identify you.
We use the following types of Cookies:
You can decide whether or not to accept Cookies through your internet browser’s settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new Cookie in a variety of ways. You can also delete all Cookies that are already on your device. If you do this, however, you may have to manually adjust some preferences every time you visit our website and some of the Services and functionalities may not work.
To explore what Cookie settings are available to you or to modify your preferences with respect to Cookies, you can access your Cookie management settings. To find out more information about Cookies generally, including information about how to manage and delete Cookies, please visit http://www.allaboutcookies.org/.
We seek to protect your Personal Data from unauthorized access, use and disclosure using appropriate physical, technical, organizational and administrative security measures based on the type of Personal Data and how we are processing that data. You should also help protect your data by appropriately selecting and protecting your password and/or other sign-on mechanism; limiting access to your computer or device and browser; and signing off after you have finished accessing your account. Although we work to protect the security of your account and other data that we hold in our records, please be aware that no method of transmitting data over the internet or storing data is completely secure.
We retain Personal Data about you for as long as necessary to provide you with our Products and Services or to perform our business or commercial purposes for collecting your Personal Data. When establishing a retention period for specific categories of data, we consider who we collected the data from, our need for the Personal Data, why we collected the Personal Data, and the sensitivity of the Personal Data. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally.
California Resident Rights
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at firstname.lastname@example.org.
Nevada Resident Rights
If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties who intend to license or sell that Personal Data. You can exercise this right by contacting us at email@example.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your Personal Data as sales are defined in Nevada Revised Statutes Chapter 603A.
Effective date: July 5, 2023
Welcome to Avation. Please read on to learn the rules and restrictions that govern your use of our website(s), services and applications, including the Vivally System mobile app (collectively, the “Services”), and any of our products, including any Prescription Device (defined below), Vivally Patient Kit, Controller, Garment, Charging Station, and other accessories available for purchase through our website (each, a “Product”). Your purchase of any Products will also be governed by any other terms made available by us to you during the sales process. If you have any questions, comments, or concerns regarding these terms, the Services, or the Products, please contact us at:
Email: firstname.lastname@example.org Phone: 1-888-972-5694 Address: 1375 Perry St, Suite 13-150 Columbus, OH 43201
Please read these Terms carefully. They cover important information about the Products and Services provided to you and any charges, taxes, and fees for the Products and Services. These Terms include information about future changes to these terms, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR PRODUCTS AND SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE PRODUCTS AND SERVICES IN ANY MANNER.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
We are constantly trying to improve our Products and Services, so these Terms may need to change along with our Products and Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at www.avation.com, send you an email, and/or notify you by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Products and Services. If you use the Products and Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
Children’s Online Privacy Protection Act
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. We do not knowingly collect or solicit personally identifiable information from children under 13 years of age; if you are a child under 13 years of age, please do not attempt to register for or otherwise use the Products or Services or send us any personal information. If we learn we have collected personal information from a child under 13 years of age, we will delete that information as quickly as possible. If you believe that a child under 13 years of age may have provided us personal information, please contact us at email@example.com.
Health Insurance Portability & Accountability Act
You may be required to sign up for an account, select a password and user name (“Avation User ID”), and provide us with certain information or data, such as your contact information or diagnostic code. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Avation User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You represent and warrant that you are an individual of legal age to form a binding contract. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization’s or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
You will only use the Products and Services you obtain for your own internal, personal, non-commercial use (as it pertains to the Prescription Device Users (defined below) only), and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Products and Services is prohibited by applicable laws, then you aren’t authorized to use the Products and Services. We can’t and won’t be responsible for your using the Products and Services in a way that breaks the law.
Certain Products require a prescription from a Health Care Provider (“Prescription Device”), and such Prescription Devices may only be used by the person for whom the prescription was issued (the “Prescription Device User”). Use of such Prescription Device (and other Products and Services offered by Avation) may require you to download an application on an iOS or Android internet-enabled mobile device (such application, the “User App”). You are responsible for obtaining, maintaining and paying for all hardware, software and telecommunications and other services necessary for the use of the Products and/or Services you purchase.
No Medical Advice; Not for Emergencies
Avation does not offer medical advice or diagnoses, or engage in the practice of medicine. Our Products and Services are not intended to be a substitute for professional medical advice, diagnosis, or other treatments recommended by a Health Care Provider and are offered for the purposes described in the Product Labeling only. The Products and Services are not intended to be, and must not be taken to be, the practice of medicine, nursing, pharmacy or other healthcare advice by Avation.
The Products and Services are not meant to diagnose, detect, prevent, holistically treat or cure any conditions – only your medical professional can determine the right course of treatment for you and determine what is safe, appropriate and effective based on your needs. Avation does not verify the accuracy of any User Data. Reliance on any information provided by Avation or in connection with the Products and Services is solely at your own risk. You are solely responsible for any decisions or actions you take based on the information and materials available through the Products and Services. You acknowledge, understand and agree that your use of the Services, Content (defined below) and Products is entirely at your own risk.
If you are a Prescription Device User, you acknowledge that although you may be prescribed the Product and/or Services by a Health Care Provider, the provision of such Products and Services by Avation does not create a medical professional/patient relationship between you and Avation or between you and any other individual or entity, and does not constitute an opinion, medical advice, or diagnosis by Avation.
Health Care Providers and patients should always obtain applicable diagnostic information from appropriate trusted sources. Health Care Providers should always exercise their independent judgment and discretion for patient diagnosis and treatment and should never withhold professional medical advice or delay in providing it because of something they have read in connection with our Products and Services.
THE PRODUCTS AND SERVICES SHOULD NEVER BE USED AS A SUBSTITUTE FOR EMERGENCY CARE. IF YOU HAVE A MEDICAL EMERGENCY, YOU SHOULD SEEK EMERGENCY TREATMENT AT THE NEAREST EMERGENCY ROOM OR DIAL 911.
As part of the Products and Services, you may receive communications through the Services, including messages that Avation sends you (for example, via email). When you sign up for the Services, you will receive a welcome message and instructions on how to stop receiving messages.
You represent, warrant, and agree that you will not provide or contribute anything, including any Content (as that term is defined below), to the Services, or otherwise use or interact with the Products and Services, in a manner that:
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Avation’s) rights.
Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that Avation owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.
Any information, User Data or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information User Data and Content at your own risk, and we aren’t liable for any errors or omissions in that information, or in the User Data or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content and User Data or what actions you may take as a result of having been exposed to such information, and you hereby release us from all liability for you having acquired or not acquired Content and User Data through the Products and Services. We can’t guarantee the identity of any users with whom you interact in using the Products and Services and are not responsible for which users gain access to the Product and Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.
The Services may contain links or connections to third-party websites or services that are not owned or controlled by Avation. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Avation is not responsible for such risks.
Your interactions with any organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Avation shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site or in connection with the Products and Services (including between any Health Care Provider and Prescription Device User), or between users and any third party, you agree that Avation is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Avation, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Products and Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
We’re always trying to improve our Products and Services, so they may change over time. We may suspend or discontinue any part of the Products and Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Products and Services. We’ll try to give you notice when we make a material change to the Products and Services that would adversely affect you, but this isn’t always practical. We reserve the right to remove any Content from the Services at any time and to discontinue the Products and Services for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
If you were prescribed a Prescription Device and signed up for an account with Avation, you may view the prices for certain Products here (Product Info), and you may choose to purchase certain Products through that page. Avation may limit or cancel quantities of Products purchased, and it reserves the right to refuse any order. In the event Avation needs to make a change to an order, it will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was made. The prices displayed are quoted in U.S. currency and are valid only in the United States. Prices are subject to change at any time. If applicable, sales tax will be determined by the shipping address of the order and will automatically be added to the order. Avation is required by law to apply sales tax to orders to certain states. Purchased Products will be shipped to the shipping address of the order. Information about our shipping rates and return policy can all be found on our website (Return policy). Any payment terms presented to you in the process of purchasing Products are deemed part of these Terms.
Avation is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. Avation has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content and User Data associated with your account, so keep that in mind before you decide to terminate your account.
If you have deleted your account by mistake, contact us immediately at firstname.lastname@example.org – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.
These Terms apply to your use of all the Services, including our iOS applications (the “Application”) available via the Apple, Inc. (“Apple”) App Store, but the following additional terms also apply to the Application:
Except as explicitly set forth in the Limited Warranty available here (Warranty policy), which is incorporated into these Terms, Avation and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Avation and all such parties together, the “Avation Parties”) make no representations or warranties concerning the Products and Services, including without limitation regarding any Content or User Data contained in or accessed through the Products and Services, and the Avation Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Products and Services. The Avation Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services including, without limitation, any Products. Except as explicitly set forth in the previous paragraph, Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS-IS” and without any warranty of any kind from the Avation Parties or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES, PRODUCTS, USER DATA AND CONTENT ARE PROVIDED BY AVATION (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND EXCEPT AS LISTED EXPLICITLY IN THE WARRANT POLICY (Warranty policy), EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, OR THAT USE OF THE PRODUCTS AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL MEET YOUR REQUIREMENTS. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. AVATION DOES NOT MAKE ANY WARRANTY WITH RESPECT TO THE RESULTS OBTAINED FROM USE OF THE PRODUCTS AND SERVICES. NO PRODUCTS OR SERVICES CAN OR SHOULD BE CONSTRUED AS MEDICAL ADVICE OF ANY KIND.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE AVATION PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED (\$100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO AVATION IN CONNECTION WITH THE PRODUCTS AND SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold the Avation Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Products and Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Avation’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of Delaware, without regard to the conflicts of laws provisions thereof.
Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Avation and limits the manner in which you can seek relief from Avation. Both you and Avation acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Avation’s officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Columbus, Ohio. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
The Rules will govern payment of all arbitration fees. Avation will pay all arbitration fees for claims less than seventy-five thousand (\$75,000) dollars. Avation will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Either you or Avation may assert claims, if they qualify, in small claims court in Columbus, Ohio or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
YOU AND AVATION WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Avation are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Avation over whether to vacate or enforce an arbitration award, YOU AND AVATION WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Avation is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.
You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 1375 Perry St, Suite 13-150 Columbus, OH 43201 postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.
If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Avation to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Avation agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Columbus, Ohio, or the federal district in which that county falls.
If the prohibition 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 Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Avation.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Products and Services, provided that the Avation may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Avation agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Avation, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Avation, and you do not have any authority of any kind to bind Avation in any respect whatsoever.
Except as expressly set forth in the sections above regarding the Apple Application and the arbitration agreement, you and Avation agree there are no third-party beneficiaries intended under these Terms.
Avation Medical offers returns for Vivally System Patient kits purchased from Avation Medical, Inc. (“Avation”) in accordance with the terms of this policy. This return policy applies only to the Vivally Patient Kit and the components included. This warranty does not apply to the purchase of any individual components sold separately or other products sold by Avation that are not included in the Vivally Patient Kit (including garments, controllers or other accessories sold separately). Avation reserves the right to change this policy at any time without notice.
For a Vivally Patient Kit to be eligible for return, the user account associated with the Vivally Patient Kit must be in good standing. An opened and/or used Vivally Patient Kit may be returned to Avation Medical for a refund of the purchase price within ninety (90) days from the date of shipment, less a 15% return service fee. An unopened and unused Vivally Patient Kit (“Unused Kit”) may be returned within sixty (60) days from the date of shipment for a full refund of the purchase price, provided that Avation must receive the Unused Kit in its original condition, with all original packaging and components and without damage and/or signs of use.
To return a Vivally Patient Kit in accordance with the foregoing, you must contact Avation Customer Care via phone ((888) 972-5694) or email (email@example.com) to receive a returned goods authorization (“RGA”) number. After receiving a RGA number, the Vivally Patient Kit must be sent to Avation at the following address, including a reference to the applicable RGA number, and postmarked within the timelines set forth above (as appropriate): Attn: Avation Returns, RGA # _____, 505 King Avenue, Columbus, OH 43201. Shipping and handling costs for all returns are the sole responsibility of the user. Upon receipt of a returned Vivally Patient Kit, Avation will validate such return for compliance with this return policy, and, if accepted as an eligible return (in Avation’s sole discretion), the appropriate refund will be credited back to the user’s original method of payment within fifteen (15) days of receipt of such returned Vivally Patient Kit by Avation.
Returns that do not meet the criteria set forth in this return policy are subject to a partial refund and/or no refund at all in Avation’s sole discretion.
The Vivally Garment, Gel Cushions and Docking Station and associated cable do not contain hazardous materials and may be disposed of in the trash.
The Vivally Controller contains a lithium-ion battery and must be disposed of according to national, state, and local regulations.
Alternatively, Vivally Controllers may be returned to Avation Medical for proper recycling and/or disposal. You may request a return label by contacting firstname.lastname@example.org. Simply attach the return label to a package with the Controller enclosed and ship it back to Avation Medical. Upon receipt, Avation Medical will process your old device for component recycling to help conserve the world’s resources and minimize adverse effects on the environment.
If you have questions about this Limited Warranty, contact Avation Medical Customer Care at email@example.com.