Ventilator Training Alliance Terms of Service
Last updated: April 17, 2020
The vta.allego.com site and the mobile applications and services available in connection with that site and the mobile application (the “App”) are made available to you by Allego, Inc., a Delaware corporation (“Allego,” “we”) as a public service, subject to these Terms of Service (the “Terms”). Please read these Terms carefully, as they contain important information about your legal rights, remedies and obligations. By accessing, using or downloading any materials from the App, you agree to follow and be bound by these Terms, which may be updated by us from time to time without notice.
These are binding legal terms. If you do not agree with the Terms, please do not use this App. BY CONTINUING TO USE THE APP, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS AND ALL REVISIONS THEREOF. In consideration of your use of the App, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of any applicable jurisdiction. The App is not intended for and is not designed to attract anyone under 18 years of age.
The App is available to you in order to make available information, videos, photographs, graphics, sound, text, messages, tags, or other materials about the use and maintenance of certain medical equipment (“Content”). You understand that all Content available in connection with the App, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated.
You agree to not use the App to: (a) interfere with or disrupt the App or servers or networks connected to the App, or disobey any requirements, procedures, policies or regulations of networks connected to the App; and/or (b) intentionally or unintentionally violate any applicable local, state, national or international law. You specifically agree not to access (or attempt to access) the App or the Content through any automated means (including the use of any script, web crawler, robot, spider, or scraper).
You understand that use of certain features of the App may require the use of third party equipment or materials (e.g. browsers, mobile devices). While we may require the equipment or materials of certain third party suppliers, we shall have no responsibility for your acquisition or use of any third party equipment or materials and do not guarantee that third party equipment or materials will function with the App or will be error-free.
You acknowledge and agree that the App, any necessary software used in connection with the App (if any) and any Content available on the App contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by us or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the App, or the software available on the App, in whole or in part. The Content is the property of third-parties, who may separately allow you to distribute and copy their Content.
We grant you a personal, non-transferable and non-exclusive right and license to access and use the App; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the App. You agree not to access the App by any means other than through the interface that is provided by us for use in accessing the App.
The Allego logo and other Allego product and service names are the exclusive trademarks of, and are owned by, Allego, Inc., and you may not use or display such trademarks in any manner without our prior written permission, except to promote the use of the App. Any third party trademarks or service marks displayed on the App are the property of their respective owners.
We reserve all rights not expressly granted hereunder.
Disclaimer of Warranties and Liability
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE ON THE APP IS PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. ALLEGO, THE CONTENT PROVIDERS, AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. ALLEGO, THE CONTENT PROVIDERS, AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICE AND CONTENT WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THE CONTENT WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE APP WILL BE CORRECTED.
YOU EXPRESSLY AGREE THAT ALLEGO IS NOT PROVIDING MEDICAL ADVICE VIA THE APP. THE CONTENT PROVIDED THROUGH THE APP, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER CONTENT, WHETHER PROVIDED BY US OR BY THIRD PARTIES, IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (b) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (c) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. SHOULD YOU HAVE ANY HEALTH RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THIS APP, AND YOU SHOULD NOT USE THE APP OR ANY CONTENT IN THE APP FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND ALLEGO.
YOU EXPRESSLY AGREE THAT THE AGGREGATE LIABILITY OF ALLEGO, THE PROVIDERS OF CONTENT, AND OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) TO YOU ARISING IN CONNECTION WITH YOUR USE OF THE APP OR THE CONTENT SHALL NOT EXCEED $100. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE APP, (b) YOUR USE OR MISUSE OF EQUIPMENT DISCUSSED IN THE CONTENT, (c) YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE APP, (d) ANY DELAY OR INABILITY TO USE THE APP EXPERIENCED BY YOU, (e) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE APP, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ALLEGO HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree that we may, under certain circumstances and without prior notice, immediately terminate your access to the App. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the App (or any portion thereof), (e) unexpected technical or security issues or problems, OR (f) extended periods of inactivity. Termination may include (y) removal of access to all offerings within the App, and (z) barring of further use of the App. Further, you agree that all terminations for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination of your access to the App.
This App is controlled by Allego from within the United States of America. We make no representation that the App is appropriate or available for use in other locations, and access to it from territories where the Content or use of the App is illegal is prohibited. Those who choose to access this App from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. Any action related to the App, the Content or the Terms shall be governed by Massachusetts law and controlling U.S. federal law, without regard to conflicts of laws thereof.
For any dispute you have with Allego, you agree to first contact us at email@example.com and attempt to resolve the dispute with us informally. In the unlikely event that Allego has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms or the breach or alleged breach thereof, or your use of the App (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Allego agree otherwise, the arbitration will be conducted in Boston, Massachusetts USA. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ALLEGO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
You agree that no joint venture, partnership, employment or agency relationship exists between you and Allego as a result of the Terms or your use of the App. The Terms constitute the entire agreement between you and Allego with respect to your use of the App. The failure of us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. We have the right, in our sole discretion, to transfer or assign all or any part of our rights under these Terms and will have the right to delegate or use third party contractors to fulfill our duties and obligations under these Terms and in connection with the App. Our notice to you via email, regular mail or notices or links on the App shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.
If you have questions about these terms, you may contact us at firstname.lastname@example.org.
Information Collection, Use, and Sharing
Information we collect
Use of the App does not require registration or that you provide any information about yourself. We only collect data required to operate and optimize the App and to measure its aggregated usage volume anonymously.
We use common information-gathering tools, such as cookies (defined below) and similar technologies to automatically collect information from your computer or mobile device as you navigate the App. This may include, but not limited to, your IP address, browser type and information regarding your use of the application such as a log of your visits to the App and activities within the App.
How we use the information we collect
We will use the information we collect for our commercial and business purposes in the following ways. As it is important for us to be responsive to you and to ensure the proper functioning of our App and proper delivery of our services, we believe it is in our legitimate interests to use information we collect about you to:
- perform the services to users of the App and support our intent to further develop and maintain our App;
- aggregate your information anonymously with other App users in order to optimize the performance of the App; and
- comply with legal requirements and enforce the terms and conditions of our agreements, including the investigation of potential violations and security breaches.
When we receive information directly from individuals who are citizens or residents of the European Union, that information may include “personal data,” as regulated by the European Union’s General Data Protection Regulation (“GDPR”). As the recipient of this information from individuals other than those who are using our cloud services as authorized users of our customers, Allego is a data “controller” under the GDPR. As mandated by the GDPR, we will respond to your requests to delete, correct, transfer, provide information about and otherwise manage the data you have submitted to the App. You may opt out of any future contacts from us at any time. We provide these rights to anyone who submits information to our App, whether or not he or she is a citizen or resident of the European Union. To request any of those services, please contact us at email@example.com.
How we share the information we collect
We will not sell or rent your Personal Data to anyone. We may share your Personal Data with the following selected third parties:
- we store your data with providers of remote software hosting services that we engage to host our software, which may store your personal data in the US, EU, UK and other countries depending on the location from which you are accessing the software; and
- if we are involved in a merger, reorganization, dissolution or other fundamental corporate change, or sale of a business unit, or if all or a portion of our business, assets or stock are acquired by third party, with such third party. In accordance with applicable laws, we will use reasonable efforts to notify you of any transfer of Personal Data to an unaffiliated third party.
Because we value your privacy, we have taken the necessary precautions to be in compliance with the California Consumer Privacy Protection Act. We therefore will not sell your personal data to outside parties without your consent. You have the right not to receive discriminatory treatment by the business for the exercise of the privacy rights conferred by California law.
Cookies may be either “persistent” cookies or “session” cookies. A persistent cookie consists of a text file sent by a web server to a web browser, which will be stored by the browser and will remain valid until its set expiry date (unless deleted by the user before the expiry date). A session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
We use the following Cookies:
- Strictly necessary Cookies. These are Cookies that are required for the operation and user experience of the App by remembering where in the App you are and what you have done as you move around the App.
- Analytical/performance Cookies. They allow us to recognize and count the number of visitors and to see how visitors move around the App when they are using it. This helps us to improve the way the App works, for example, by ensuring that users are finding what they are looking for easily.
If for any reason you wish to not take advantage of Cookies, you may disable Cookies by changing the settings on your browser or operate the App without an internet connection.
While we follow generally accepted standards to protect Personal Data, no method of storage or transmission is 100% secure.
How Long Do We Keep Your Personal Data?
We may retain your Personal Data for a period of time consistent with any legal purpose of collection that applies to your interaction with us. We determine the appropriate retention period for Personal Data on the basis of the amount, nature and sensitivity of your Personal Data processed, the potential risk of harm from unauthorized use or disclosure of your Personal Data and whether we can achieve the purposes of the processing through other means, as well as on the basis of applicable legal requirements (such as applicable statutes of limitation). After expiration of the applicable retention periods, your Personal Data will be deleted. If there is any data that we are unable, for technical reasons, to delete entirely from our systems, we will put in place appropriate measures to prevent any further use of such data.
Questions; Contacting Company; Reporting Violations
117 Kendrick Street, Suite 800
Needham, MA 02494
If you are a California resident and you want to exercise your rights, or you wish for an authorized agent to make a request on your behalf, please contact us on our toll-free telephone number at 833-920-1988 or email us at the address above.