Terms of Use Agreement

Welcome to Facial Pain Mobile, a mobile application designed to allow you to track facial pain (the “App”). This Terms of Use Agreement (“Agreement”), together with any documents they incorporate by reference, including without limitation the App’s Privacy Policy, form a binding agreement between you, a user of our App, (hereinafter referred to as “you” or “User”) and ALD Ventures LLC (hereinafter referred to as “ALD Ventures,” “we,” “us,” or “our”) that governs your access to and use of the App. By using or accessing the App, you accept and agree to be bound and abide by this Agreement.

YOUR USE OF THE APP IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. WE STRONGLY RECOMMEND THAT YOU READ THIS AGREEMENT IN FULL BEFORE YOU START USING THE APP. USE OF THE APP CONSTITUTES KNOWING ACCEPTANCE AND ACKNOWLEDGEMENT OF THIS AGREEMENT AND THE OTHER TERMS AND CONDITIONS OF USE IN EFFECT AT THE TIME OF USE. IF YOU DO NOT AGREE WITH ANY OR ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST STOP ACCESSING AND USING OUR APP.

You agree that the Agreement, combined with your act of using the App, has the same legal force and effect as a written contract with your written signature and satisfies any laws that require a writing or signature. You further agree that you shall not challenge the validity, enforceability, or admissibility of the Agreement on the grounds that it was electronically transmitted or authorized.

1. Content

The content presented on or through the App, including the text, graphics, video, images, button icons, software, reports, information and other materials provided by the App (“Content”), are made available solely for general information purposes. We may update the Content provided by the App from time to time, but we make no representation or warranty that the Content or the App are necessarily complete or up to date. Any of the Content on the App may be out of date at any given time, and we are under no obligation to update such material.

The App is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the App. If you think you may have a medical emergency, call your doctor or 911 immediately.

ALD Ventures does not recommend or endorse any specific tests, physicians, businesses, companies, products, procedures, opinions, or other information that may be mentioned on the App. Reliance on any information provided by ALD Ventures, ALD Ventures employees, others appearing in the App at the invitation of ALD Ventures, or other visitors to the App is solely at your own risk.

2. Your Account

You are required to create an account in order to use certain features of the App by providing a valid email address and password. You agree to provide and maintain true, accurate, current and complete information about yourself as prompted by our registration processes. You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information. You are responsible for the security of your passwords and for any use of your account. We are not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. We reserve the right to disable any user name, password or identifier, at any time in our sole discretion and for any reason, including if, in our opinion, you have violated any provision of this Agreement.

3. User obligation / use of the content / prohibited uses

You acknowledge and agree that you shall comply with the terms and conditions of this Agreement. As a condition of your use of this App, you represent and warrant that: (i) you are at least 18 years of age or are of legal age in your country of residence to form a binding contract with ALD Ventures; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use this App in accordance with this Agreement and with any applicable laws or regulations; (iv) you will only use this App for yourself; (v) all information supplied by you on this App is true, accurate, current and complete; and (vi) you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.

You agree not to use the App or any information relating to your use of the App:

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 U.S. or other countries);
to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation;
to impersonate or attempt to impersonate ALD Ventures, a ALD Ventures employee, another user of the App or any other person or entity; and
to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the App, or to engage in any conduct that, as determined by us, may harm ALD Ventures or users of the App, or expose them to liability.

Additionally, you agree not to:

violate any person’s rights of privacy;
use a false account or one belonging to another user, or access data not intended for the User, or log in to a server or account which the User is not authorized to access;
use the App in a manner in which the App was not designed or intended to be used;
use the App in any manner that could disable, overburden, damage, or impair the App or interfere with any third party’s use of the App;
use the App in a manner that infringes on a third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or violates the privacy or publicity or other personal rights of third parties;
remove, circumvent, disable, damage or otherwise probe, scan, interfere, or test the vulnerability of the App or any security-related features that enforce limitations on the use of the App;
use any robot, spider or other automatic device, process or means to access the App for any purpose, including monitoring or copying any of the materials on the App;
use any manual process to monitor or copy any of the material on App or for any other unauthorized purpose without our prior written consent;
duplicate, download, publish, modify, or otherwise distribute any Content for any commercial use, or for any purpose other than as described in this Agreement;
engage in any behavior that interferes with the proper working of the App; and
introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

If ALD Ventures determines, in its sole discretion, that you are misusing or attempting to misuse or circumvent the App or any component, element or portion of the App, ALD Ventures reserves the right to immediately terminate your access and use of the App without notice. Further, ALD Ventures reserves the right to initiate any appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies arising out of your misuse of the App.

4. Intellectual property rights and use

This App as a whole, and the Content contained therein, including any compilation or arrangement of the Content, is protected by copyright, trademark, patent, trade dress, trade secret, and other intellectual property rights that are subject to relevant United States and international laws. Unless otherwise noted, all worldwide right, title, and interest in and to the App and Content as well as all derivative works, are owned by ALD Ventures and/or its parents, subsidiaries and affiliates, or are otherwise licensed or used with permission. The App, the App’s logos, and all other trademarks appearing on the App are trademarks of ALD Ventures or are licensed or used with permission of the owner by ALD Ventures. You agree not to display or use such trademarks without ALD Ventures’ prior written permission. ALD Ventures disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names, and trade names other than its own.

No material from the App may be copied, republished, uploaded, posted, transmitted, or distributed, unless expressly authorized by ALD Ventures in writing. Except as expressly set forth herein, no license, right or interest in any copyrights, trademarks, patents, trade dress, trade secret or other intellectual property of ALD Ventures or any third party is granted to you under this Agreement. The App may be used for non-commercial use only. Any use of the App and/or the Content for any purpose that is not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws. Content and features of the App are subject to change or termination without notice in the sole discretion of ALD Ventures. All rights not expressly granted herein are reserved to ALD Ventures and its licensors.

5. User information and third party interaction

When using the App, the User may voluntarily submit personal or other information to ALD Ventures or third parties through the App (“User Information”). Any information submitted to ALD Ventures or third parties is governed by the App’s Privacy Policy, which is available at Privacy Policy and is incorporated herein by reference.

The App contains functionality and other interactive areas including diagnostic tools, questionnaires, trackers, reports, etc., that allow users to submit or upload User Information to the App for evaluation and review. User Information submitted through the App will not be accessible by ALD Ventures or third parties unless the User grants permission through the App for such User Information to be shared. If a User grants permission for its User Information to be shared with ALD Ventures or third parties, the App shall provide all necessary forms, agreements, waivers and the like to the User so as to facilitate the sharing of User Information in accordance with the law. Any and all User Information submitted through the App is separate and distinct from a User’s patient or medical records, which the App does not request and will not transfer to any third party through the App. User Information will be kept confidential in accordance with privacy laws and will not be released without permission except as described in these Terms of Use.

By accessing and using the App, and upon agreeing to share User Information through the App, you acknowledge and agree that the App may provide you with a list of third parties that you may contact as a result of your use of the App (e.g., doctors, health care professionals and providers), and that if you agree to share User Information through the App, such User Information may be shared with such third parties using the App. You further agree that any User Information submitted to third parties through the App is at your own risk, and ALD Ventures is not responsible and assumes no liability for: (i) communications, diagnoses, review, analysis, or advice provided to Users by third parties identified through the App; (ii) the consequences of communications, diagnoses, review, analysis, or advice provided to Users by third parties identified through the App; and (iii) your reliance on any communications, diagnoses, review, analysis, or advice provided to Users by third parties identified through the App. Further, you agree that ALD Ventures shall have no liability or responsibility to Users of the App or any other person or entity for performance or non-performance of any third party for the aforementioned activities.

You also agree that transmission of User Information and related information occurs through a medium that may be beyond the control and jurisdiction of ALD Ventures. Accordingly, ALD Ventures assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the App.

6. Termination

ALD Ventures reserves the right to revoke your access to the App at any time and for any reason at our sole discretion. If you violate any of the Terms of Use of the Agreement, your permission to use the App automatically terminates as of the date of the violation, without regard to notice provided to you by ALD Ventures. You agree that if ALD Ventures revokes and terminates your access to the App and services, you waive and forfeit all of the rights set forth in this Agreement.

You may terminate this Agreement by deleting the App and all copies thereof from all devices the App is installed on. You agree that upon the date of termination, your registration and access to the App will be terminated and you will not be able to access the App or any information posted on the App.

7. Disclaimer of warranty

HE APP IS PROVIDED “AS IS” AND WITHOUT WARRANTY OR GUARANTEE OF ANY KIND. WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE APP. YOU ACKNOWLEDGE THAT YOU ARE USING THE APP AND CONTENT PROVIDED THEREIN AT YOUR OWN RISK. ALD VENTURES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE APP, ITS CONTENT AND RELATED MATERIALS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF ACCURACY, QUALITY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR NEED OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY ALD VENTURES.

Without limiting the foregoing, ALD Ventures makes no representations or warranties about the following:

the accuracy, reliability, completeness, currentness, or timeliness of the App, Content, software, links, or communications provided on or through the use of the App;
the satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the App; or
damages to, interruption of service or viruses that may infect your computer, device or telecommunications equipment arising from your access to or use of App and its contents.

8. Limitation of liability

IN NO EVENT WILL ALD VENTURES, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, OR THIRD PARTIES MENTIONED ON THE APP 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 APP, OR ANY CONTENT ON THE APP, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, PERSONAL INJURY (INCLUDING DEATH), OR INFRINGEMENT AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE OR IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCORDINGLY, ALD VENTURES ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE APP.

AS BETWEEN YOU AND ALD VENTURES, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ALD VENTURES IS TO DISCONTINUE YOUR USE OF THE APP AND ITS RELATED SERVICES. IN THE EVENT THAT THE FOREGOING LIMITATION OF LIABILITY IS NOT VALID UNDER APPLICABLE LAW OR FOR ANY OTHER REASONS, IN NO EVENT SHALL OUR LIABILITY OR THE LIABILITY OF OUR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS EXCEED A TOTAL OF $100 US DOLLARS. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE APP OR ANY CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.

9. Release

You hereby agree to release ALD Ventures (and our parent companies, subsidiaries, members, officers, directors, affiliates, employees and agents) from any and all damages or claims (including consequential and incidental damages) of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way connected with your access and use of the App.

10. Indemnity

You agree to defend, indemnify, and hold harmless ALD Ventures, its parent companies, subsidiaries, affiliates, members, officers, employees and agents, from any and all claims or demands, including reasonable attorney’s fees, made by any third party due to or arising from your violation of this Agreement, including, but not limited to: (i) your use or misuse of, or reliance on, the App; (ii) any content or information you provide to the App; (iii) your failure to comply with the terms of this Agreement; and (iv) your violation of a third party right, including copyright, trademark, patent, intellectual property, proprietary or privacy rights.

11. Privacy

The personal information you submit using the App is also governed by the App’s Privacy Policy. To the extent there is an inconsistency between this Agreement and the Privacy Policy, this Agreement shall govern. By using the App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy, which is available at Privacy Policy.

Children’s Privacy

The App is not intended for children under the age of 13 and we do not knowingly collect any information from children under the age of 13. Please contact us at ALD@ALDVENTURES.COM if you believe we have collected personal information from anyone under the age of 13 without proper consent.

We also strongly encourage parents and guardians to supervise their children’s online activities and to consider using parental control tools available from online services and software manufacturers to help provide a child-friendly online environment. These tools also can prevent children from disclosing online their name, address, and other personally identifiable information without parental permission.

12. Survival

In the event this Agreement is terminated for any reason, the terms of Sections 3, 4, 5, 7, 8, 9, 10, 11, 17 and 18 shall survive.

13. Information on the app

We do not control any information provided by Users. By using the App, you assume all of the risks associated with the use of the App and you agree to accept such risks and agree that ALD Ventures is not responsible for the acts or omissions of any Users. Notwithstanding the foregoing, we reserve the right to edit or remove any content placed on the App, including any harmful, offensive, deceptive or unlawful materials.

14. Relationship

By using the App, you acknowledge and agree that the relationship between you and ALD Ventures is that of independent contractors and not of principal-agent, joint ventures, partners, employer-employee, and no such relationship is intended or created hereby.

15. Severability

If any of the provisions, or portions thereof, of this Agreement are found to be invalid or unenforceable under any applicable statute or rule of law, for any reason, then only the invalid portion(s) of that provision shall be severed, and the remaining terms and provisions of this Agreement shall remain in full force and effect and shall be construed as if such invalid or unenforceable provision never comprised a part of this Agreement.

16. No assignment

User agrees that this Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by User to a third party, but may be so transferred, assigned or delegated by us.

17. Waiver

No waiver by ALD Ventures to exercise any right or power under this Agreement 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 ALD Ventures to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement 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 this Agreement will continue in full force and effect.

18. Jurisdiction

This Agreement is made under and shall be governed by and construed in accordance with the laws of the State of New York, without regard to any choice of law provisions. Any legal controversy or legal claim arising out of or relating to this Agreement or your use of the App, excluding legal action taken by us to recover damages for, or obtain an injunction relating to the App, our intellectual property or proprietary rights, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

19. Changes to this agreement

ALD Ventures, in its sole discretion, reserves the right to update, revise, supplement, and to otherwise modify these Terms of Use of this Agreement, and to impose new or additional terms and conditions on your use of the App from time to time. Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions (collectively, the “Additional Terms”) will be effective immediately and incorporated into this Agreement upon notice thereof, which may be given by any reasonable means, including by posting to the App or by email notification. Your continued viewing or use of the App following such notice will be deemed to conclusively indicate your acceptance of any and all such Additional Terms.

20. Contact

If you have any questions regarding this Agreement or ALD Ventures’s terms and conditions of use, you may contact us by emailing ALD@ALDVENTURES.COM.