twiist Terms of Use
If you think you may have a medical emergency, call your doctor or 911 immediately. This website does not provide medical advice.
Please read these terms and conditions (“Terms”) carefully, as they govern your access to and use of the websites owned and operated by Sequel Med Tech, LLC (“Sequel,” “Provider,” “we,” or “us”), at www.sequelmedtech.com, www.twiist.com, or any successor websites (“Websites”);the twiist Portal located at mytwiistportal.com (“Portal”), including its cloud services; and any mobile applications and other services or products offered by Sequel (collectively, the “Services”). By using or accessing the Services, you accept and agree to be bound and abide by the Terms. If you do not agree to the Terms, you must not access or use the Services. You also agree that all information you provide to the Websites is governed by our Privacy Policy, which is incorporated here by reference, and you consent to all actions we take with respect to your information consistent with our Privacy Policy .
IMPORTANT NOTICE REGARDING ARBITRATION AGREEMENT: THESE TERMS CONTAIN A MANDATORY ARBITRATION AGREEMENT,REQUIRING ANY DISPUTE BETWEEN YOU AND US TO BE RESOLVED THROUGH FINAL ANDBINDING INDIVIDUAL ARBITRATION, SUBJECT TO LIMITED EXCEPTIONS, RATHER THAN INCOURT, AND REQUIRING YOU AND US TO FOREGO JURY TRIALS, CLASS, COLLECTIVE,AGGREGATE, REPRESENTATIVE, OR CONSOLIDATED ACTIONS OR PROCEEDINGS, AND ALLOTHER TYPES OF COURT PROCEEDINGS OF ANY AND EVERY KIND. YOU WILL BE BOUND BYTHIS ARBITRATION AGREEMENT, UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT BYFOLLOWING THE OPT-OUT PROCEDURES SET FORTH BELOW. BY AGREEING TO THE TERMS, YOUEXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THEARBITRATION AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THISIMPORTANT DECISION.
A. No Medical Advice
Certain content and information available through the Services relates to products and services offered by Sequel and are for general informational purposes only, and they are not a substitute for assessment, diagnosis, and/or treatment by qualified healthcare professionals, nor are they an indicator of specific results. In making the Services available to you, Sequel does not practice medicine and does not provide any medical or healthcare services, including via the Websites. Your use of the Websites does not create or imply any type of patient-physician relationship between you and Sequel. The information you read on the Websites cannot replace the relationship that you have with your healthcare professional. The information on the Websites should not be considered medical advice. You should always talk to your healthcare professional for diagnosis and treatment. Health information changes quickly and it is always best to confirm information with your healthcare professional.
B. Eligibility and Availability
In order to use or access the Services, you must be at least 18 years of age or older and agree to be legally bound by and comply with these Terms. If you do not meet all of these requirements, you must not accessor use the Services.
Sequel reserves the right to change or include new requirements for the Services as deemed appropriate in its sole discretion without providing prior notice to you. We reserve the right to discontinue the Websites or the Services, and any material we provide on the Websites or Services, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Websites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Websites or the entirety of the Websites.
Sequel provides the Websites for use only by persons located in the United States. The Websites may contain information about products and therapies approved and cleared for use in the United States. If you live outside the United States, you may see information on the Websites about products or therapies that are not approved or marketed in your country. If you access the Websites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
C. Changes to the Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services, unless otherwise provided in these Terms. Sequel may provide you with notice of material changes to these Terms. Your continued use or re-visitation of the Websites following the posting of revised Terms means that you accept and agree to the changes. The Websites are continually under development, and we reserve the right to revise or remove any part of the Terms or the Websites in our sole discretion at anytime and without prior notice to you. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
D. Dispute Resolution:Binding Individual Arbitration; Class Action & Jury Trial Waiver(“Arbitration Agreement”)
Mandatory Binding Arbitration of Disputes. You and Sequel agree that, subject to limited exceptions specified in this Arbitration Agreement, all disputes, causes of action, or claims arising out of, in connection with, or related to these Terms or this Arbitration Agreement, the Services, or any aspect of the relationship between you, on the one hand, and Sequel, on the other hand, or the breach, termination, enforcement, interpretation, or validity of these Terms or this Arbitration Agreement (collectively, “Disputes”), whether such Disputes arose before, on, or subsequent to you entering these Terms, will be resolved through final and binding, individual arbitration in accordance with the rules and procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”),instead of in a court in any jurisdiction by a judge or jury. You and Sequel agree that an arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding this Arbitration Agreement, you and Sequel each retain the right to bring an individual action in small claims court if it qualifies. Each party also retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
Class Action/Jury Trial Waiver. You and Sequel agree that each party is waiving the right to trial by a jury or to participate in any purported class, collective, aggregate, representative, or consolidated action, arbitration, or other proceeding. Unless both you and Sequel agree in writing or unless otherwise permitted by this Arbitration Agreement, each party may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, aggregate, representative, or consolidated action, arbitration, or other proceeding. If the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If the foregoing Class Action/Jury Trial Waiver is found to be unenforceable, then the entirety of this Arbitration Agreement shall be null and void, and you and Sequel shall be deemed not to have agreed to arbitrate Disputes. This Arbitration Agreement shall survive any termination of these Terms.
Opt-Out Procedures. You can choose to reject this Arbitration Agreement by sending Sequel a written opt-out notice (“Opt-Out Notice”) within 30 days following the date you first agree to these Terms by mail at 50 Commercial Street, 3rd Floor Attn: Legal Department, Manchester, NH 03101 or by email at [email protected]. If mailed, the Opt-Out Notice must be postmarked no later than 30 days following the date you first agree to these Terms. To be effective, the Opt-Out Notice must contain your name, address, and signature. If you opt-out of the Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with Sequel.
Rules & Procedures. In the event of a Dispute, you and Sequel each agree to send the other party a written notice of Dispute stating the name, address, and contact information of the party giving notice; the facts giving rise to the Dispute; and the relief requested (“Notice of Dispute”). You must send any Notice of a Dispute by mail at 50 Commercial Street, 3rd Floor Attn: Legal Department, Manchester, NH 03101 or by email at [email protected]. We will send any Notice of Dispute to you at the email address or mailing address we have for you, if any. You and Sequel agree to attempt to resolve any Dispute through informal negotiation within 30 days after the Notice of Dispute is received. After the end of that 30-day period and not before, you or Sequel may commence an arbitration proceeding as set forth in this Arbitration Agreement. Notwithstanding the foregoing, Sequel’s and your right to bring an individual action in small claims court shall not require an attempt to first resolve the relevant Dispute through informal negotiation.
If the parties cannot resolve the Dispute informally, you and Sequel each agree that all Disputes shall be resolved exclusively through confidential individual arbitration, as provided in this Arbitration Agreement. The arbitration will be administered by JAMS under its applicable rules and procedures, including any supplementary rules and fee schedules then in effect (“JAMS Rules”) then in effect, except as modified by these Terms. The JAMS Rules are available at https://www.jamsadr.com/adr-rules-procedures/ or by calling JAMS at 1-800-352-5267.
A party who wishes to start arbitration must submit a written Demand for Arbitration to JAMS and give notice to the other party as specified in the JAMS Rules. You can contact JAMS for more information on how to commence an arbitration proceeding at www.jamsadr.com or1-800-352-5267. Any arbitration hearings will take place in Delaware, in the city or county wherein you reside, or at another mutually agreed location (including by telephone or remote means).It is the intent of the parties that the JAMS Rules and the U.S. Federal Arbitration Act (“FAA”) shall preempt all state laws to the fullest extent permitted by law. If the JAMS Rules and the FAA are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of Delaware, without regard to its choice or conflict of law provisions.
Mass Arbitration. In the event that 20 or more similar arbitration demands presented by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, cooperating law firms, or organization are allowed to be submitted for arbitration, the following additional terms in this paragraph shall apply and the parties shall be deemed to have agreed to the application of JAMS Mass Arbitration Procedures and Guidelines available athttps://www.jamsadr.com/mass-arbitration-procedures, as modified by this Arbitration Agreement. JAMS shall: (i) administer the arbitration demands in 20batches, with the discretion to create additional batches if JAMS finds that they are necessary to facilitate the efficient resolution of demands; and (ii)apply a single initial filing fee and administrative fee per batch for each side as set forth in JAMS Mass Arbitration Procedures Fee Schedule. You agree to cooperate in good faith to implement this batch approach to facilitate the efficient resolution of claims. This provision shall in no way be interpreted as authorizing class arbitrations of any kind. Sequel reserves all rights and defenses as to each and any demand and claimant. If any court or arbitrator determines that this subsection is void or unenforceable for any reason or that an arbitration can proceed on a class basis, or that an arbitration can proceed on a mass arbitration basis without the application of this paragraph, then the Arbitration Agreement shall be deemed null and void in its entirety, and you and Sequel shall be deemed not to have agreed to arbitrate Disputes.
Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.
Changes to Arbitration Agreement. Notwithstanding anything to the contrary in these Terms, if Sequel changes any of the terms of this Arbitration Agreement after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Last Updated” above, or by not accessing or using the Services. The written notice must be provided either by mail at 50Commercial Street, 3rd Floor Attn: Legal Department, Manchester, NH03101 or by email at [email protected]. To be effective, your notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Sequel in accordance with the terms of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
E. twiist Portal
Your use and access of the twiist Portal are subject to these additional terms and conditions (“Portal Agreement”), which are part of the Terms and effective and begin when you create an account or otherwise begin using the twiist Portal and continue until terminated (“Portal Use Term”).
The following definitions apply to the Portal Agreement:
- Authorized User” means you to access and use the twiist Services under the rights granted under the Portal Agreement and for whom access to the twiist Services has been purchased hereunder..
- “twiist Services” means the services provided by Provider under this Portal Agreement that are detailed on the twiist Portal at https://mytwiistportal.com.
- “User Data” means, other than Aggregated Statistics, information, data, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by or on behalf of you or any other Authorized User through the twiist Services.
- “Documentation” means Provider’s end user documentation relating to the twiist Services available at https://www.twiist.com/faq.
- “Provider IP” means the twiist Services, the Documentation, and all intellectual property provided to you or any other Authorized User in connection with the foregoing. For the avoidance of doubt, Provider IP includes Aggregated Statistics and any information, data, or other content derived from Provider’s monitoring of your access to or use of the twiist Services, but does not include User Data.
Access and Use. Subject to the Terms, Provider hereby grants you are vocable, non-exclusive, non-transferable, non-sublicensable, limited right to access and use the twiist Services and the Documentation during the Portal Use Term solely for your personal use by Authorized Users in accordance with the Terms.
You are responsible for creating and keeping confidential the necessary passwords and access credentials to allow you to initially access the twiist Services. You will not sell or transfer them to any other person or entity. You will promptly notify us about any unauthorized access to your passwords or access credentials.
You shall not, and shall not permit any Authorized Users to, use the twiist Services, any software component of the twiist Services, or Documentation for any purposes beyond the scope of the access granted in this Portal Agreement. You shall not at any time, directly or indirectly, and shall not permit any Authorized Users to: (i) copy, modify, or create derivative works of the twiist Services, any software component of the twiist Services, or Documentation, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the twiist Services or Documentation except as expressly permitted under this Portal Agreement; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the twiist Services, in whole or in part; (iv) remove any proprietary notices from the twiist Services or Documentation; or (v) use the twiist Services or Documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law, regulation, or rule.
You are responsible and liable for all uses of the twiist Services and Documentation resulting from access provided by you, directly or indirectly, whether such access or use is permitted by or in violation of this Portal Agreement. Without limiting the generality of the foregoing, you are responsible for all acts and omissions of Authorized Users, and any act or omission by an Authorized User that would constitute a breach of the Portal Agreement if taken by you will be deemed a breach of this Portal Agreement by you. You shall use reasonable efforts to make all Authorized Users aware of the Portal Agreement’s provisions as applicable to such Authorized User’s use of the twiist Services and shall cause Authorized Users to comply with such provisions.
Aggregated Statistics. Notwithstanding anything to the contrary in this Portal Agreement, Provider may monitor your use of the twiist Services and collect and compile data and information related to your use of the twiist Services to be used by Provider in an aggregated and anonymized manner, including to compile statistical and performance information related to the provision and operation of the twiist Services (“Aggregated Statistics”). As between Provider and you, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Provider. You acknowledge that Provider may compile Aggregated Statistics based on User Data input into the twiist Services. You agree that Provider may make Aggregated statistics publicly available in compliance with applicable law, and use Aggregated Statistics to the extent and in the manner permitted under applicable law; provided that such Aggregated Statistics do not identify you or your Confidential Information.
User Data. You hereby grant to Provider a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display the User Data and perform all acts with respect to the User Data as maybe necessary for Provider to provide the twiist Services to you, and anon-exclusive, perpetual, irrevocable, royalty-free, worldwide license to reproduce, distribute, modify, and otherwise use and display User Data incorporated within the Aggregated Statistics. You will ensure that User Data and any Authorized User’s use of User Data will not violate any policy or terms referenced in or incorporated into this Portal Agreement or any applicable law. You are solely responsible for the development, content, operation, maintenance, and use of User Data.
Suspension. Notwithstanding anything to the contrary in this Portal Agreement, Provider may temporarily suspend your and any other Authorized User’s access to any portion or all of the twiist Services if: (i) Provider reasonably determines that (A) there is a threat or attack on any of the Provider IP; (B) your or any other Authorized User’s use of the Provider IP disrupts or poses a security risk to the Provider IP or to any other user or vendor of Provider;(C) you or any other Authorized User is using the Provider IP for fraudulent or illegal activities; (D) subject to applicable law, you have ceased to continue your business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; or(E) Provider’s provision of the twiist Services to you or any other Authorized User is prohibited by applicable law; or (ii) any vendor of Provider has suspended or terminated Provider’s access to or use of any third-party services or products required to enable you to access the twiist Services; (any such suspension described in subclause (i) or (ii), a “Service Suspension”).Provider shall use commercially reasonable efforts to provide written notice of any Service Suspension to you and to provide updates regarding resumption of access to the twiist Services following any Service Suspension. Provider shall use commercially reasonable efforts to resume providing access to the twiist Services as soon as reasonably possible after the event giving rise to the twiist Services Suspension is cured. Provider will have no liability for any damage, liabilities, losses (including any loss of or profits), or any other consequences that you or any other Authorized User may incur as a result of a Service Suspension.
Confidential Information. From time to time, Provider and you may disclose or make available to the other party information about its business affairs, products, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary or personal information, in written or electronic form or media, and whether or not marked, designated, or otherwise identified as “confidential” at the time of disclosure (collectively, “Confidential Information”). Confidential Information does not include information that, at the time of disclosure is: (a) in the public domain; (b)known to the receiving party; (c) rightfully obtained by the receiving party on a non-confidential basis from a third party; or (d) independently developed by the receiving party. The receiving party shall not disclose the disclosing party’s Confidential Information to any person or entity, except to the receiving party’s employees, agents, or subcontractors who have a need to know the Confidential Information for the receiving party to exercise its rights or perform its obligations hereunder and who are required to protect the Confidential Information in a manner no less stringent than required under this Portal Agreement. Notwithstanding the foregoing, each party may disclose Confidential Information to the limited extent required (i) to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the party making the disclosure pursuant to the order shall first have given written notice to the other party and made a reasonable effort to obtain a protective order; or (ii) to establish a party’s rights under this Portal Agreement, including to make required court filings. Each party’s obligations of non-disclosure with regard to Confidential Information are effective as of the date such Confidential Information is first disclosed to the receiving party and will expire five years thereafter ;provided, however, with respect to any Confidential Information that constitutes a trade secret (as determined under applicable law), such obligations of non-disclosure will survive the termination or expiration of this Portal Agreement for as long as such Confidential Information remains subject to trade secret protection under applicable law.
Intellectual Property Ownership; Feedback. As between you and us, (a) we own all right, title, and interest, including all intellectual property rights, in and to the twiist Services and (b) you own all right, title, and interest, including all intellectual property rights, in and to User Data. If you or any of your employees, contractors, or agents sends or transmits any communications or materials to us by mail, email, telephone, or otherwise, suggesting or recommending changes to the twiist Services, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), we are free to use such Feedback irrespective of any other obligation or limitation between you and us governing such Feedback. All Feedback is and will be treated as non-confidential. You hereby assign to us on your behalf, and shall cause your employees, contractors, and agents to assign, all right, title, and interest in, and we are free to use, without any attribution or compensation to you or any third party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although we are not required to use any Feedback.
You warrant that you own all right, title, and interest, including all intellectual property rights, in and to User Data and that both the User Data and your use of the twiist Services are in compliance with these terms.
Termination. In addition to any other express termination right set forth in the Terms, Provider may terminate this Portal Agreement for any reason upon 30 days’ advance notice. Either party may terminate this Portal Agreement, effective on written notice to the other party, if the other party materially breaches the Portal Agreement, and such breach: (A) is incapable of cure; or(B) being capable of cure, remains uncured 30 days after the non-breaching party provides the breaching party with written notice of such breach.
Either party may terminate this Portal Agreement, effective immediately upon written notice to the other party, if the other party: (A)becomes insolvent or is generally unable to pay, or fails to pay, its debts as they become due; (B) files, or has filed against it, a petition for voluntary or involuntary bankruptcy or otherwise becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law; (C) makes or seeks to make a general assignment for the benefit of its creditors; or (D) applies for or has appointed a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business.
Upon termination of the Portal Agreement, you shall immediately discontinue use of the Provider IP. No expiration or termination of the Portal Agreement will affect your obligation to pay all fees that may have become due before such expiration or termination, or entitle you to any refund.
Export Regulation. The twiist Services utilize software and technology that may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the twiist Services or the software or technology included in the twiist Services to, or make the twiist Services or the software or technology included in the twiist Services accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, regulation, or rule. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prio rto exporting, re-exporting, releasing, or otherwise making the twiist Services or the software or technology included in the twiist Services available outside the US.
F. Intellectual Property Rights
The Services and the entirety of the contents, features and functionality in the Websites (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned, controlled or licensed by us, our licensors, suppliers or affiliates, or by other third parties who have licensed their materials to us and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. No right, title or interest in or to the Services or any content on the Websites is transferred to you, and we reserve all rights not expressly granted herein. Any use of the Services not expressly permitted by these Terms is a breach of the Terms and may violate copyright, trademark and other laws.
The Sequel names and logos and all product and service names, brand colors, design marks and slogans are the trademarks or service marks of Sequel. No trademark or service mark license is granted in connection with the materials contained on the Website and available through the Services. Access to the Services does not authorize anyone to use any name, logo, or mark in any manner.
Any feedback or information that you submit through to us or through the Services will be considered non-personal, non-confidential, and non-proprietary (other than personal information, as that term is defined in our Privacy Policy).If you transmit any ideas, information, concepts, know-how or techniques or materials to us through the Services, you hereby grant Sequel an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that Sequel is free to use them for any purpose.
G. Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms. You will comply with all applicable laws, rules, and regulations, including any and all laws in your relevant states and localities, pertaining to your use of the Services.
You agree not to use the Services:
- In any way that violates any applicable federal, state, local or international law or regulation.
- To impersonate or attempt to impersonate us, our employees, another Services user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or other users of the Services or expose them to liability.
- For unlawful, fraudulent, offensive, or obscene activity.
Additionally, you agree not to:
- Use the Services to provide us with any medical or health information about yourself or others, including without limitation any protected health information as defined under applicable law or any other confidential, personal or proprietary information.
- Use the Services to collect, or attempt to collect, personal information about other users of the Services.
- Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other user’s use of the Services, including his or her ability to engage in real time activities through the Services.
- Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material available through the Services.
- Use any manual process to monitor or copy any of the material from the Services or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Services.
- Introduce any viruses, Trojan horses, worms, logic bombs, keystroke logging, or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Websites, the server(s) on which the Websites is stored, or any server, computer or database connected to the Websites.
- Attack the Websites via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Services.
H. Reliance on Third-Party Information Posted
The Services may include content or may permit access to products provided by third parties, including links to other sites and resources provided by third parties, which are provided for your convenience only. This includes links contained in advertisements. All statements and/or opinions expressed in these materials, and responses to questions and other content, other than the content we provide, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. The availability of any third-party site or resource through the Websites does not imply our endorsement of or our affiliation with any provider of such third-party site or resource. We are not responsible, or liable to you or any third party, for the availability, content or accuracy of any materials provided by any third parties. If you decide to access any third-party site or resource linked to the Websites, you do so at your own risk and subject to the terms and conditions of use for such site or resource.
Products offered by third parties may be subject to their own terms and conditions presented to you for acceptance within the Services by website link or otherwise. If you do not agree to abide by the applicable terms for any such third-party products, then you should not install, access, or use them.
I. Access, Correction, and Data Integrity
Although we attempt to maintain the integrity and accuracy of the information in the Services, we make no guarantees as to its correctness, completeness, or accuracy. The Websites may contain typographical errors, inaccuracies, or other errors or omissions. If you believe that information found on the Websites is inaccurate or unauthorized, please inform us by contacting us at the contact details provided below.
J. Electronic Communications
By providing your e-mail address, you are agreeing to be contacted by or on behalf of Sequel to receive marketing-related information and other operational services. These communications may not be secure. Unsecured communications pose a risk to the confidentiality and privacy of information being sent because they might be intercepted by a third party. You can opt out of receiving one of our e-mails by following the instructions for unsubscribing contained in the e-mails. Please allow us 30 days from when the request was received to complete the removal. Please note that even if you unsubscribe from commercial e-mail messages, we may still e-mail you non-commercial (transactional) e-mails.
K. Mobile Communications
For Sequel Med Tech twiist AID Alerts: Sign up to receive twiist AID product updates and announcements through your mobile device. You may opt-in to the short code program via keyword TWIIST. After signing up, you will receive a text message from 894478 on your mobile number. Message frequency may vary.
You can cancel this service at any time. To discontinue receiving SMS messages from twiist AID Alerts, text STOP to 894478. After you send the message STOP, you will receive a reply message to confirm that you have unsubscribed. After this, you will no longer receive messages from us.
If at any time you forget what keywords are supported, just text HELP to 894478. After you send the message HELP, you will receive a response with instructions on how to use our service, including how to unsubscribe. For additional help, contact (877) 489-4478 [email protected].
Compatible carriers may include: AT&T, Verizon Wireless, T-Mobile/Sprint/Metro PCS, CellCom USA, C Spire Wireless, U.S. Cellular, Carolina West Wireless (CWW), Google Voice, ACS/Alaska, Advantage Cellular (DTC Wireless), Appalachian Wireless, Bluegrass Cellular, Cellular Network Partnership (PIONEER), Cellular One of East Central Illinois, Chat Mobility USA, CoralWireless (Mobi PCS), Element Mobile (FlatWireless), Epic Touch(ElkhartTelephone), GCI Communications Corp, Golden State Cellular, Illinois Valley Cellular(IV Cellular), i Wireless (IOWA Wireless), Nex-Tech Wireless, MTACommunications, MTPCS (Cellular One Nation), Cross Telephone Company(MBOWireless), Duet IP (Maximum Communications New Core Wireless), Inland Cellular, Telephone Company, Immix (Keystone Wireless), Mosaic (Consolidated or CTCTelecom), Northwest Missouri Cellular Limited, Peoples Wireless, Panhandle Telecommunications, Systems(PTCI), RINA, Revol Wireless USA, SI Wireless/Mobile Nation, SRTWireless, Texas, RSA 3 Ltd(Plateau Wireless), Thumb Cellular, United Wireless, Union Telephone, Company (Union Wireless), Viaero Wireless, West CentralWireless (5 Star Wireless), Sagebrush Cellular (Nemont), Pine Cellular, Aio Wireless/Cricket, SouthernLinc, Bandwidth, Copper Valley, Leaco, CableVision, Buffalo Wireless, Chariton Valley Cellular, Pine Belt Wireless, Atlantic Tele-Network International (ATN).
As always, message and data rates may apply. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
For support, please email us at [email protected] or call us at (877) 489-4478.
L. Disclaimer of Warranties
You acknowledge and agree that neither Sequel nor the Services offers medical advice. Use of the Services is solely at your own risk and Sequel is not responsible or liable for any loss or damage of any kind that may result from your use of the Services or reliance on any content made available to you through the Services.
The Services are provided on an “as is” and “as available” basis, used and accessed at your own risk, and without any warranties of any kind, either express or implied. Neither we nor any of our partners or affiliates, make any warranty or representation with respect to the completeness, security, reliability, quality, currency, accuracy, availability or operation of the Services, the information or content included thereon or any communications between you and Sequel initiated via the Services. Without limiting the foregoing, neither we nor anyone associated with us represent or warrant that the Services, including the content or any services offered through the Websites, will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our Websites, our (and our service providers’) servers, the content, or communications sent from or on behalf of us are free of script viruses, trojan horses, worms, malware, time bombs or other harmful components or that the Websites or any items obtained through the Services will otherwise meet your needs, expectations, or requirements or achieve any intended results. No advice or information, whether oral or written, obtained by you from us or through the Services will create any warranty not expressly made herein.
To the maximum extent permitted under applicable law, we, on our own behalf and on behalf of our affiliates and our respective licensors and service providers, hereby disclaim all warranties of any kind, whether express or implied, statutory or otherwise, with respect to the Services, including, but not limited to, all warranties of merchantability, fitness for particular purpose, title, non-infringement, operability, condition, quiet enjoyment, value, accuracy of data and system integration, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the limitations on the applicable statutory rights of a consumer, so some of these exclusions and limitations may not apply to you.
M. Indemnification
You agree to indemnify and hold harmless Sequel, its affiliates, its licensors, and its services providers from and against any and all claims and expenses, including attorneys’ fees, whether made by you, or on your behalf, or by any third party arising out of your use of or access to the Services, including but not limited to claims arising out of (i) your violation of these Terms; (ii) your violation of any third-party right including any copyright, trademark, trade secret, or privacy right; (iii) any misrepresentation made by you; (iv) use of your information provided to Sequel, including User Data; and(v) your or any Authorized User’s negligence or willful misconduct or use of the Services not authorized by these Terms. You agree to promptly notify Sequel and cooperate fully with Sequel in the defense of any claim. Sequel reserves the right to assume the exclusive defense and control of any claim indemnified under this section by you.
N. Limitation on Liability
IN NO EVENT WILL WE, OUR AFFILIATES OR OUR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS 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 SERVICES, THE WEBSITES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON SUCH OTHER WEBSITES OR ANY OTHER ITEMS OBTAINED THROUGH THE WEBSITES OR SUCH OTHER WEBSITES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, PROPERTY DAMAGE, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, BUSINESS INTERRUPTION, LOSS OF USE, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR COMPUTER FAILURE OR MALFUNCTION. THESE LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY OR CAUSE OF ACTION OR CATEGORY OF DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF SEQUEL OR OUR AFFILIATES OR ANY OF OUR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $ 100.00. IN NO EVENT WILL HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE FOR ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH, OR FROM THE SERVICES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, INCLUDING NEW JERSEY, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. Any provisions concerning the exclusion or limitation of certain damages in these Terms are not applicable in New Jersey with respect to punitive damages, loss of data, and loss of or damage to property.
O. Termination
We may terminate your use of the Services for any or no reason at any time. You agree that we will not be liable to you or any other party for any termination of your access to the Services. Any right, obligation, or required performance of the parties in these Terms, which, by its express terms or nature and context is intended to survive termination of the Terms, will survive any such termination.
P. Additional Terms
Governing Law and Jurisdiction. The Services and these Terms, including all Disputes (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Delaware regardless of where you access the Websites, and notwithstanding any conflicts of law principles. For any Dispute not subject to Section D above, you agree that jurisdiction over and venue in any legal proceeding shall be in the state or federal courts located in New Castle County, Delaware.
Entire Agreement; No Waiver; and No Assignment. These Terms and our Privacy Policy constitute the entire agreement and understanding between you and us with respect to the Services and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, with respect thereto. In the event of a conflict between these Terms and Conditions and any other terms, the terms of these Terms and Conditions shall govern.
No failure to exercise, and no delay in exercising, on the part of you or us, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.
Your agreement to these Terms is personal to you, and your rights may not be assigned or transferred for any reason whatsoever without our prior written consent, and any action or conduct in violation of the foregoing will render them void and without effect. We expressly reserve the right to assign the Terms and to delegate any of its obligations hereunder.
Sequel reserves all rights not expressly granted to you in the Terms. Except for the limited rights and licenses expressly granted under the Terms, nothing in the Terms grants, by implication, waiver, estoppel, or otherwise, to you or any third party, any intellectual property rights or other right, title, or interest in or to the Services or Provider IP.
Severability. Except as otherwise provided in these Terms, if any provision of the Terms, or a portion thereof, is found to be illegal or unenforceable under applicable law for any reason, such provision or portion thereof shall be severed, or construed, limited, or altered as necessary, to eliminate the illegality or unenforceability, and the remainder of the Terms shall remain in full force and effect.
The headings of sections and paragraphs in these Terms are for convenience only and shall not affect its interpretation.
Notices. Any notices to us must be sent to our corporate headquarters located at 50 Commercial Street, 3rdFloor, Att: Legal Dept, Manchester, NH 03101 and, unless otherwise provided under these Terms, must be delivered either in person, by certified or registered mail, return receipt requested and postage prepaid, or by recognized overnight courier service, and are deemed given upon receipt by us. Notwithstanding the foregoing, you hereby consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information, and other information concerning or related to the Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Your Comments and Concerns
The Website is operated by Sequel. All feedback, comments,requests for technical support and other communications relating to the Websiteshould be directed to [email protected].
Thank you for using our Website.