Please read these Terms of Service carefully before using the GaitReady Service. Your use of the GaitReady Service confirms your unconditional acceptance of the following Terms of Service. If you do not accept these Terms of Service, do not use the GaitReady Service.
AARP Services, Inc. (“ASI”), along with Ducere Technologies Inc. (“Ducere”) have designed the GaitReady Service to help you achieve your general health and fitness goals. ASI is a subsidiary of AARP. AARP, however, has not and does not develop, process, or administer any aspect of the GaitReady Service.
These Terms of Service (“Terms”) apply to your access and use of the GaitReady Service. The “GaitReady Service” includes the GaitReady mobile application (“GaitReady App”) and Lechal Insoles (from Ducere), along with associated firmware, applications, software, websites, APIs, products, and services. These Terms are an agreement between you and ASI, 650 F Street, N.W., Washington, DC 20004, and Ducere Technologies Inc,, 1390 Chain Bridge Road #A195, McLean, VA 22101. When the Terms mention “we,” “us,” or “our,” they refer to the parties to your agreement that provide you with the GaitReady Service.
The Terms and the GaitReady Service are governed by the laws of the United States (see section 15 below for more information). The GaitReady Service is not to be used by any resident of the European Union.
You must accept these Terms to create a GaitReady Service account and to access or use the GaitReady Service. If you do not have an account, you accept these Terms by using any part of the GaitReady Service. If you do not accept these terms, do not create an account or use the GaitReady Service. We reserve the right to modify these Terms at any time, in which case you will be informed that the Terms have been revised via a notification through the GaitReady App. Continued use of the GaitReady Services after we post any such changes will constitute your acceptance of the Terms, as modified.
1. Creating an account
Please immediately contact firstname.lastname@example.org if you discover or suspect any security breach related to the GaitReady Service or your account.
You agree to keep the GaitReady App up-to-date; including, accepting software updates that we may provide.
2. Necessary equipment
Full use of the GaitReady Service is dependent upon your successful download of the GaitReady App and use of the Lechal Insoles. The GaitReady mobile app is compatible with Apple smartphone devices of versions iOS 8 and above, Apple iPhone 4s or newer, and Android smartphone devices of versions 4.3 and above.
The Lechal TV Dongle is an optional accessory that can be used to stream information including recommended exercises on a HDMI capable TV. To use the TV Dongle, internet access, Wi-Fi and a television with an available HDMI port is required. The maintenance and security of this equipment may influence the performance of the GaitReady Service and it is your responsibility to ensure the equipment’s functionality. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.
3. Intellectual property rights
The GaitReady Service, including underlying technology and any GaitReady Content, is our property and is protected by copyright, trademark, patent and other intellectual property laws. “GaitReady Content” includes any photos, images, graphics, video, audio, data, text, music, exercise regimens, comments, software, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through the GaitReady Service. We reserve all rights not expressly set forth in these Terms. You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the GaitReady Service. Our logos and any other GaitReady trademarks that may appear on the GaitReady Service, and the overall look and feel of the GaitReady Service, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission. Other trademarks, product, and service names and company names or logos mentioned on the GaitReady Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.
Notwithstanding the foregoing, you as user of the GaitReady Service have permission to send information regarding your use of the GaitReady Service to third parties that you designate.
If you submit comments, ideas, or feedback to us, you agree that we can use, disclose, reproduce, and distribute them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by us, or obtained from sources other than you.
4. What can you do with the gaitready service
The GaitReady Service is intended for your personal, non-commercial use.
We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (1) access and use the GaitReady Service, (2) access and view the GaitReady Content, (3) access and use the software and mobile applications provided by the GaitReady Service, and (4) use the software that is embedded in the Lechal Insoles as authorized in these Terms. With respect to items (3) and (4), this license includes any third-party software embedded in any GaitReady Service. This license is provided solely for your personal, non-commercial use and enjoyment of the GaitReady Service as permitted in these Terms.
By using the GaitReady Service or creating an account, you agree that you will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the GaitReady Content, GaitReady Service or any portion thereof (including any third-party software), except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms.
Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the GaitReady Service: (1) use, display, mirror, or frame the GaitReady Service or any individual element within the GaitReady Service, including the layout and design of any page, without our express written consent; (2) use GaitReady name, any GaitReady trademark or logo, or any of our proprietary information without our express written consent; (3) tamper with the GaitReady Service, our computer systems, or the technical delivery systems for the GaitReady Service; (4) test the vulnerability of any system associated with the GaitReady Service or breach any security or authentication measures; (5) circumvent any technological measure implemented to protect the GaitReady Service; (6) access the GaitReady Service or GaitReady Content through the use of any mechanism other than through the GaitReady App and Lechal Insoles, and associated website or online portal; or (7) modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software associated with the GaitReady Service or any other part of the GaitReady Service.
You are granted a limited, nonexclusive, and nontransferable right to create a text hyperlink to the GaitReady Service for noncommercial purposes, provided that such link does not portray us or any of our products or services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. We may revoke this limited right at any time in our sole discretion.
6. Our enforcement rights
We reserve the right (but are not required) to remove or disable access to the GaitReady Service or any GaitReady Content at any time and without notice, and at our sole discretion, if we determine that your use of the GaitReady Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the GaitReady Service, and in response may take any action we may deem appropriate.
7. Use the GaitReady service at your own risk
The GaitReady Service is suitable for persons who have low to medium fall risk. The GaitReady Service is not to be used by persons who have high fall risk as defined by the Center for Disease Control (CDC) as those individuals who have fallen more than once in the last 12 months (immediately preceding expected use of the GaitReady Service), or who have had a fall that resulted in an injury. In addition, the GaitReady Service is not to be used by persons who have physical impairments or neurological conditions, as well as other risk factors that contribute to persons being classified as high fall risk (e.g., polypharmacy, impaired visual acuity, postural hypotension, certain chronic conditions such as Parkinson’s and dementia).
The GaitReady Service is not intended to diagnose, treat, cure, or prevent any disease or condition. If you have a medical condition, consult your doctor before using the GaitReady Service. Use of the GaitReady Service, including the GaitReady Content, is at your own risk and you acknowledge that you are participating in any activities through the GaitReady Service voluntarily. We are not responsible for any physical injuries, health conditions, or other health problems that could result from your use of the GaitReady Service.
When you use the GaitReady Service and perform the assessment and exercises, you acknowledge that you have read the instructions and understand the risks involved and that you are physically able to perform the assessment and exercises included in the GaitReady Service. As with any new exercise regimen, consult with your doctor prior to starting the GaitReady assessment and exercises. If you experience pain, dizziness, chest pain, shortness of breath, or a medical emergency while performing the assessment or exercises provided through the GaitReady Service, stop using the GaitReady Service immediately and seek medical attention.
Our goal is to provide helpful and accurate information on the GaitReady Service, but we make no endorsement, representation, or warranty of any kind about any GaitReady Content, information, or services.
We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the GaitReady Service or the GaitReady Content.
Use of the GaitReady Service should not replace your good judgment and common sense. Please read and comply with all safety notices that accompany the GaitReady Service.
Please read and comply with all instructions and safety notices that accompany the Lechal Insole, including those located on our Wear and Care page at www.lechal.com/gaitready.
The GaitReady Service is not intended to be used by persons under the age of twenty-one (21) years.
As part of your use of the GaitReady Service, you may receive notifications, app generated text messages, alerts, emails, and other electronic communications. You agree to the receipt of these communications. You can control most communications from the GaitReady Service by using your account settings. We may need to provide you with certain communications, such as service announcements and administrative messages. You are responsible for any messaging or data fees you may be charged by your wireless carrier. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.
9. Third party services
10. Changes to GaitReady service
We may change or discontinue, temporarily or permanently, any feature, component, or content of the GaitReady Service at any time without notice. We are not liable to you or to any third party for any modification, suspension, or discontinuance of any feature, component, or content of the GaitReady Service. We reserve the right to determine the timing and content of software updates.
We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the GaitReady Service, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete or remove information related to your account. We do not have any obligation to return any information related to your account to you after such suspension, deactivation or termination. You may close your account at any time by contacting email@example.com. Upon any termination of these Terms or suspension, termination, or discontinuation of the GaitReady Service or your account, the following provisions of these Terms will survive: Sections 12, 13, 14, 15 and any other sections that by their nature or express terms are intended to survive shall survive expiration or termination of these Terms.
The information, products and services offered on or through the GaitReady Service are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose or noninfringement; any warranty that the GaitReady Service operates error free or without interruption; any warranty that information obtained through the GaitReady Service is accurate or reliable. The entire risk arising out of the use of the GaitReady Service remains with you.
WE DO NOT WARRANT THAT THE GAITREADY SERVICE OR ANY OF its FUNCTIONS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE GAITREADY SERVICE, OR THE SERVERS THAT MAKE THE GAITREADY SERVICE AVAILABLE, ARE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS. WE EXPRESSLY DISCLAIM LIABILITY FOR ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR MALWARE, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. EACH USER SPECIFICALLY ACKNOWLEDGES THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH EACH USER OF THE GAITREADY SERVICE.
WE ARE NOT LIABLE FOR ANY DIRECT, INDIRECT OR SPECULATIVE DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE GAITREADY SERVICE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OTHERWISE OBTAINED OR MESSAGE RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE gaitready SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OF DATA, INCLUDING WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES, REGARDLESS WHETHER WE HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES.
WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CORRECTNESS, ACCURACY, TIMELINESS, OR RELIABILITY OF THE GAITREADY SERVICE OR THIRD-PARTY SITES. USE OF ANY INFORMATION ON THE GAITREADY SERVICE OR THIRD-PARTY SITES IS AT THE USER'S OWN RISK. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY RELIANCE ON INFORMATION OBTAINED THROUGH THE GAITREADY SERVICE.
You must provide and are solely responsible for all hardware and/or software necessary to access the GaitReady Service. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.
The GaitReady Service may provide links to websites maintained by third parties. Any information, products, software, or services provided on or through third-party sites are controlled by the operators of such sites and not by us. When you access these third-party sites, you do so at your own risk.
You will indemnify and hold harmless ASI and Ducere, their respective officers, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of the GaitReady Service, (ii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iii) your violation of any law or the rights of a third-party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
14. Limitation of liability
NEITHER ASI, DUCERE, THEIR SUPPLIERS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE GAITREADY SERVICE WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE GAITREADY SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ASI OR DUCERE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL ASI’S OR DUCERE’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE GAITREADY SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO ASI OR DUCERE FOR USE OF THE GAITREADY SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO ASI OR DUCERE, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ASI, DUCERE AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
15. Dispute resolution
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Informal Dispute Resolution: Before filing an arbitration claim or a legal case, if you have opted out of the arbitration agreement, against ASI or Ducere, you agree to try to resolve the dispute informally by contacting firstname.lastname@example.org. We'll try to resolve the dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or ASI or Ducere may bring a formal proceeding.
We Agree to Arbitrate: You, ASI and Ducere agree to resolve any disputes through final and binding arbitration, unless you opt out of this agreement to arbitrate, and except as set forth under Exceptions to Agreement to Arbitrate below.
Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting email@example.com within 90 days after first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement.
Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Washington, DC, or any other location we agree to.
Arbitration Fees: The AAA rules will govern payment of all arbitration fees.
Exceptions to Agreement to Arbitrate: Either you, ASI or Ducere may assert claims, if they qualify, in small claims court in Washington, D.C. or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the GaitReady Service, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
No Class Actions: You may only resolve disputes with ASI and Ducere on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement.
Judicial Forum for Disputes: Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you, ASI and Ducere agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Washington, D.C. You, ASI and Ducere consent to venue and personal jurisdiction there. All parties agree to waive our right to a jury trial.
Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the GaitReady Service must be filed within three (3) years after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
16. General terms
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement by and among ASI, Ducere and you regarding the GaitReady Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between ASI, Ducere and you regarding the GaitReady Service.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.
ASI and/or Ducere may assign its rights and obligations under these Terms to any company under common control with ASI and/or Ducere. Additionally, ASI or Ducere may assign its rights and obligations under these Terms to a third party in connection with a merger, acquisition, sale of assets, by operation of law or otherwise.
We will notify you before we make material changes to these Terms and give you an opportunity to review the revised Terms before continuing to use the GaitReady Service. When you use the GaitReady Service after a modification becomes effective, you are telling us that you accept the modified Terms.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. We may assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given: (i) via email or (ii) by posting to the GaitReady Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our duly authorized representative. Except as expressly set forth in these Terms, the exercise by any party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.
17. Contact us
If you have any questions about these Terms, you may contact us at:
Ducere Technologies Inc
1390 Chain Bridge Road #A195
McLean, VA 22101