General Terms of Service
Updated: September 4, 2020
Aduro, LLC (“Aduro”), also known as Aduro or Aduro Life, was founded with the belief that personal technology can not only make life better, but specifically, healthier. Powered by research and behavioral science, Aduro is developing a family of health-driven products that help everyday people improve their overall wellbeing.
This is a legal agreement between you and Aduro and applies to your use of Aduro products and services (each individually a “Product” and collectively “Products”), our websites located at adurolife.com, private labeled product variants, and those sites sub-domains (individually a “Site” and collectively “Sites”), and the Aduro mobile applications for iPhone OS and Android OS (each an “App” and together the “Apps”). The Products, Sites, and Apps are collectively referred to in this policy as “Aduro Services”.
As used in these Terms of Service, the Products, Sites, Apps, and Aduro Services do not include any of Aduro’s Return to Work website(s), mobile applications, products, or services (collectively, “RTW Services”). Therefore, these Terms of Service do not apply to any of Aduro’s RTW Services.
Please read these Aduro General Terms of Service (these “Terms” or “Terms of Service”) carefully. By using this site and our products, you agree to these Terms. If you do not agree, you may not use any of the Services. Even if you only browse the Sites or any other Aduro Services and do not register, you must agree to these Terms. If you do not agree to the Terms, any use of Aduro Services by you is unauthorized, and you should stop accessing all Aduro Services immediately. There are several ways in which you may accept and agree to these Terms, each of which will be binding: (a) your continued use of any of the Aduro Services will constitute acceptance of these Terms; (b) registering as an Aduro user will confirm your acceptance; and (c) by checking the box to accept the Terms of Service and submitting your acceptance (e.g., by clicking the “Submit” or other applicable button associated with such checkbox), you will become a registered user of the Service (a “Registered User”) and, in registering, you agree to be bound by the Terms for as long as you continue to be a Registered User or otherwise access or use the Aduro Services. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR OR USE THE ADURO SERVICES.
If Aduro needs to make a material change to these Terms, we will provide notice to you by e-mail or by posting on the Aduro Service (e.g., this website), as further described below. If you do not agree to the proposed changes, you may (as your sole remedy) discontinue your use of all Aduro Services and/or delete your information from our active files.
- No Medical Advice. All the content presented in or provided through Aduro Services (“Content) is for informational purposes only. The Content is not intended to be a substitute for or to provide professional medical advice, diagnosis, or treatment. You should ask your doctor about any medical condition. Do not disregard professional medical advice or delay seeking it because of something you have read on the Aduro Services. If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on any information provided by Aduro, Aduro employees, others appearing on Aduro Services at the invitation of Aduro, or other visitors to Aduro Services is solely at your own risk. You understand and agree that (i) any decision or determination about your health must be and shall be made by you and your health care providers (not Aduro); and (ii) treatment or decisions not to treat or take precautionary measures must be determined and monitored by you and your health care providers (not Aduro).
- Data Accuracy. Data provided by Aduro Services is not intended to be relied upon in situations where precise information is needed or where erroneous, inaccurate or incomplete data may lead to death, personal injury, property or environmental damage. Neither Aduro, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of information or location data displayed by Aduro.
- Offensive Material Warning. Aduro Services may contain health or medical-related materials that are offensive to some individuals. If you find these materials offensive, you may not want to use Aduro Services.
- Minimum age to use Aduro Services. You must be 18 years or older to use Aduro Services. If you are not 18 years or older, please do not attempt to register as a Registered User or continue to access Aduro Services. Aduro Services are generally intended for use only by users 18 years or older. Aduro Services are not directed to children and we do not knowingly collect any personally identifiable information from children under 18 years of age through this site.
- Personal and Exclusive Use. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You may not share your username or password with others. No portion of Aduro Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on Aduro Services, in any manner, and you shall not exploit Aduro Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Aduro Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Aduro is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any Aduro Services.
- Online conduct. The purpose of Aduro Services is to provide wellness-related content, information and services. You agree that, while using the Aduro Services:
- You are solely responsible for the content or information you publish, display or otherwise communicate in any manner (hereinafter, “post”) while using Aduro Services, or transmit to other users of the Aduro Services.
- You will not post on Aduro Services, or transmit to other users, or otherwise communicate any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Furthermore, you will not take actions to promote the physical harm or harassment of another person, engage in or promote spamming, provide information that you know is illegal, false or misleading, or designed to exploit those under 18 or otherwise provide instructional information about illegal activities including without limitation making or buying illegal weapons, identity theft, violating another’s right to privacy or providing or creating malicious computer programs (malware).
- You will use Aduro Services in a manner consistent with any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. You are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a “Specially Designated National”, or (iii) placed on the Commerce Department’s Table of Deny Orders. Membership in, and use of, Aduro Services is void where prohibited.
- You will not provide inaccurate, misleading or false information to Aduro or to any other user of the Aduro Services (“User”). If information provided to Aduro, or another User, subsequently becomes inaccurate, misleading or false, you will promptly notify Aduro of such change.
- You will only create one unique profile with Aduro Services.
- You will not engage in advertising to, or solicitation of, other Users to buy or sell any products or services through Aduro Services. You will not transmit any chain letters or e-mails that offer or promote commercial goods, services, business opportunities or the like to other Users.
- You will not post, copy, modify, transmit, show in public or private, create any derivative works from, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
- You are solely responsible for your interactions with other Users. You agree to take normal precautions when meeting individuals through Aduro Services.
- You understand that Aduro makes no guarantees, either express or implied, regarding your well-being through Aduro Services.
- You will promptly report to Aduro any violation of these Terms by other Users of which you become aware.
- Aduro reserves the right, but has no obligation, to monitor the materials posted in the public areas of Aduro Services. Aduro has the right to remove any such material that in its sole opinion violates, or is alleged to violate, any applicable law or either the letter or spirit of this Agreement. Notwithstanding this right of Aduro, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SERVICE AND IN YOUR PRIVATE E-MAIL AND OTHER MESSAGES.
- Online third-party content. Opinions, advice, statements, offers, or other information or content made available by third parties through Aduro Services are those of their respective authors, and you rely on such content at your own risk. Those authors are solely responsible for such content. ADURO DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICE, AND (ii) ADOPT, ENDORSE NOR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN ADURO OR ITS SUBCONTRACTORS OR AGENTS. UNDER NO CIRCUMSTANCES WILL ADURO BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO OR BY ANY REGISTERED USERS.
- Unauthorized users. It is possible that other Registered Users or unauthorized Users may post or transmit offensive or obscene materials on Aduro Services and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to collect personal information about you that you make publicly available through Aduro Services, and to use such information to harass or injure you. Please carefully select the type of information that you post on the Site’s public forum (such as web chats, blogs, and community forums) or release to others. Aduro is not responsible for use by third parties of any personal information that you disclose on Aduro Services public forums.
- Proprietary rights. Aduro owns and retains proprietary rights in the Aduro Services. Aduro Services contain copyrighted material, trademarks, and other proprietary information of Aduro, its licensors and licensees. In addition, other Registered Users may post copyright protected material regardless of whether it is identified as copyrighted. Except for content that is in the public domain or for which you have been given permission to exercise specific rights, you agree not to copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
- The name “Aduro” and the Aduro logos, and other trademarks that may be used on Aduro Services, are trademarks of Aduro or its affiliates and may not be used without Aduro’s prior written permission. All other trademarks not owned by Aduro that appear on this site are the property of their respective owners.
- By posting information or content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Aduro and other Registered Users an irrevocable, perpetual, non-exclusive, fully-paid (without a right of accounting), worldwide license to use, copy, publicly perform, publicly display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
- Security Obligations; Passwords and Control. You are responsible for taking all reasonable steps to ensure that no unauthorized person has access to your passwords or accounts. It is your sole responsibility to: (1) control the dissemination and use of your login credentials (i.e., username and password); (2) authorize, monitor, and control access to and use of your activation codes and passwords; and (3) promptly inform Aduro and, if applicable, your third party service provider, of any need to deactivate a password. It is your sole responsibility to terminate your session on Aduro Services when completed to prevent unauthorized access and to secure devices on which you access Aduro Services through additional layers of password or other protection (especially in the case of mobile devices). You grant Aduro and all other persons or entities involved in the operation of Aduro Services the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. Aduro cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using Aduro tools and services.
- Disclaimer of Warranties. ADURO PROVIDES THE SERVICE ON AN “AS IS” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO ADURO SERVICES. ADURO SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Aduro does not warrant that your use of the Aduro Services will be secure, uninterrupted, always available, error-free or will meet your requirements, or that any defects in Aduro Services will be corrected. ADURO DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE ADURO SERVICES.
- Limitation of liability and exclusion of certain damages.
- IN NO EVENT SHALL ADURO BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE ADURO SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF ADURO KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL ADURO’S AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EXCEED THE PRICE PAID FOR YOUR ACCOUNT. NOTWITHSTANDING THE FOREGOING, THE POTENTIAL LIABILITY OF ADURO TO YOU FOR ANY CAUSE AND UNDER ANY LEGAL THEORY WILL BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, TO ADURO FOR YOUR USE OF THE SERVICE.
- IN NO EVENT SHALL ADURO BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF ADURO SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS INTRODUCED TO YOU BY THIS SERVICE. YOU AGREE TO ASSUME THE RISK OF YOUR INTERACTIONS WITH ANY THIRD PARTIES, INCLUDING REGISTERED USERS, THROUGH THE SERVICE.
- All of the limitations and exclusions stated in this Section 13 shall apply to the maximum extent permitted under applicable law.
- Indemnity by User. You agree to indemnify, defend and hold harmless Aduro and its officers, directors, agents and employees from and against all fines, suits, proceedings, claims, causes of action, demands, or liabilities of any kind or of any nature, including attorneys’ fees, arising out of or in connection with your use of Aduro Services, including any breach by you of the terms of this Agreement.
- To resolve a complaint regarding Aduro Services, you should first contact Aduro via email at email@example.com.
- Either you or Aduro may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. Aduro reserves the right immediately to suspend or to terminate your access to Aduro Services, without notice, if in Aduro’s sole discretion it believes you have violated any section of these Terms. Following any termination hereof, if Aduro, in its sole discretion, believes there is a legitimate reason to do so, Aduro reserves the right to send a notice that your use of the Aduro Services has been terminated to the sponsor of your wellness plan and, as applicable, other Registered Users.
- DMCA Copyright Notice and Takedown Policy. If you are a copyright owner and you believe your work has been copied and used improperly on Aduro Services, please contact us at the address below. Pursuant to 17 U.S.C. § 512(c), to be effective, the notification to us must include the following information: (1) physical or electronic signature of a person authorized to act on behalf of the copyright owner; (2) description of the work you claim has been infringed and the description and location of the alleged infringement on Aduro Services; (3) your contact information including address, telephone number and e-mail address; (4) a written statement that you have a good faith belief the accused usage is infringing; and (5) a statement by you under penalty of perjury that the information in the notice is accurate and that you are duly authorized to act on behalf of the copyright. Send your notice to: Aduro, LLC, 17425 NE Union Hill Rd., Ste. 100, Redmond, WA 98052; Attn: Copyright Compliance. Please note that under Section 512(f) of the Digital Millennium Copyright Act, any person who knowingly materially misrepresents that material is infringing may be subject to liability. If you are unsure whether material on the Site is infringing, we suggest that you contact an attorney prior to sending notice.
- International Use. If you choose to access Aduro Services from a location outside the U.S. not specified by Aduro, you do so on your own initiative and you are responsible for compliance with local laws. Accessing Aduro Services from territories where the content is illegal is prohibited.
- Links to Other Web Sites. The Site contains links to other websites that we think may be of interest to you. We do not endorse or sponsor any third-party websites or the information, products, or services contained on any third-party websites and we have no control over third-party websites or their content. Remember that when you link to another site, that other site is governed by its own user agreement and privacy statement, which you should be sure to read. Access to and use of any third-party website is solely at your own risk.
- Aduro Services Availability and Support. You may access Aduro Services if and when it is available. We do not guarantee availability of Aduro Services or of materials on Aduro Services at all times of the day. Without notice to you, Aduro Services may occasionally be down for service, upgrades, or for other reasons. To the maximum extent authorized under applicable law, we reserve the right to change, remove, delete, restrict, block access to, or stop providing any or all of Aduro Services at any time and without notice. Except as may be provided in our customer agreements, we have no obligation to provide support in relation to Aduro Services or Content.
- General provisions. You agree that Washington law (regardless of conflicts of law principles) shall govern this Agreement, and that any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the federal and state courts in the Western District of Washington, other than for actions to enforce any order or judgment entered by such courts. These Terms contain the entire agreement between you and Aduro regarding your use of the Aduro Services. Unless otherwise explicitly stated, these Terms will survive termination of your registration to the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ADURO SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
- NOTICE REGARDING WELLNESS PROGRAM. Your employer’s wellness program is a voluntary wellness program available to eligible employees. The program is administered according to federal rules permitting employer-sponsored wellness programs that seek to improve employee health or prevent disease, including the Americans with Disabilities Act of 1990, the Genetic Information Nondiscrimination Act of 2008, and the Health Insurance Portability and Accountability Act, as applicable, among others. If you choose to participate in the wellness program you may be asked to complete a voluntary health risk assessment or “HRA” that asks a series of questions about your health-related activities and behaviors and whether you have or had certain medical conditions (e.g., cancer, diabetes, or heart disease). You may also be asked to complete a biometric screening, which may include a blood test to take various measurements such as cholesterol, glucose and triglyceride levels. You are not required to complete the HRA or to participate in the blood test or other medical examinations.
- However, employees who choose to participate in the employer-sponsored wellness program may receive various incentives as described by your employer for participating in the wellness program. Further, although you are not required to complete the HRA or participate in the biometric screening, employees who do so may also receive certain incentives, such as points, level promotion or other similar rewards. Certain questions within the HRA may also be optional, in which case you may complete the HRA without responding to any such optional questions and, if applicable, still qualify to receive any such incentives.
- Additional incentives as described by your employer may be available for employees who participate in certain health-related activities, such as walking, exercising or learning about nutrition, or achieve certain health outcomes, such as maintaining a certain BMI or having blood pressure below a certain level. If you are unable to participate in any of the health-related activities or achieve any of the health outcomes required to earn an incentive, you may be entitled to a reasonable accommodation or an alternative standard. You may request a reasonable accommodation or an alternative standard by contacting your employer’s wellness program coordinator.
- The information from your HRA and the results from your biometric screening will be used to provide you with information to help you understand your current health and potential risks, and may also be used to offer you services through the wellness program, such as health coaching services or smoking cessation programs. You also are encouraged to share your results or concerns with your own doctor.
- Protections from Disclosure of Medical Information. We are required by law to maintain the privacy and security of your personally identifiable health information. Although the wellness program and your employer may use aggregate information they collect to design a program based on identified health risks in the workplace, the wellness program is not permitted to disclose any of your personal information either publicly or to your employer, except as necessary to respond to a request from you for a reasonable accommodation needed to participate in the wellness program, or as expressly permitted by law. Medical information that personally identifies you that is provided in connection with the wellness program may not be provided to your supervisors or managers and may never be used to make decisions regarding your employment.Your personally identifiable health information may not be sold, exchanged, transferred, or otherwise disclosed except to the extent permitted by law to carry out specific activities related to the wellness program, and you will not be asked or required to waive the confidentiality of such health information as a condition of participating in the wellness program or receiving an incentive. Anyone who receives such information for purposes of providing services as part of the wellness program must be required to abide by equivalent confidentiality requirements.
- In addition, all medical information obtained through the wellness program must be maintained separate from your personnel records, information stored electronically must be encrypted, and no information you provide as part of the wellness program may be used in making any employment decision. Appropriate precautions must be taken to avoid any data breach, and in the event a data breach occurs involving information you provide in connection with the wellness program, your wellness plan must notify you immediately.
- You may not be discriminated against in employment because of the medical information you provide as part of participating in the wellness program, nor may you be subjected to retaliation if you choose not to participate.
- If you have questions or concerns regarding this notice, or about protections against discrimination and retaliation, please contact your wellness plan coordinator.
We may modify these terms or any additional terms that apply to Aduro Services to, for example, reflect changes to the law or changes to Aduro Services. You should look at the terms regularly. We’ll post notice of modifications to these Terms within the Aduro Services (e.g., on this webpage). Changes will not apply retroactively and will become effective no sooner than one business day after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for the Aduro Services, you should discontinue your use of Aduro Services.
These Terms of Service include all text herein, including numbered and unnumbered paragraphs. If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict. These terms control the relationship between Aduro and you. They do not create any third-party beneficiary rights. If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are waive any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.
If you have any questions or concerns about these Terms of Service, please feel free to contact us.
Aduro, LLC | 17425 NE UNION HILL ROAD, SUITE 100 | Redmond WA 98052 | firstname.lastname@example.org