Terms of Use
Scope of Agreement
THIS IS A BINDING AGREEMENT BETWEEN YOU AND INDOORDOCTOR LLC (“IndoorDoctor”). By accessing or using the Services, you are agreeing to these Terms. For purposes of these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of IndoorDoctor or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity's behalf. Please read these Terms carefully, as they include important information about your legal rights. If you do not agree to these Terms, you may not access or use the Services. IF YOU DO NOT AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THE AGREEMENT, YOU ARE NOT ALLOWED TO USE THE SERVICES.
This Agreement is binding to the fullest extent permitted by applicable law.
2. Parties to Agreement
We thank you for your interest in IndoorDoctor, which owns and operates the services offered on Indoordoctor.com and any associated web applications (“THE INDOORDOCTOR APP”) or products and services that IndoorDoctor may provide now or in the future (collectively, the “Services”). The Website is not directed to children under 18 years of age, and we do not otherwise knowingly solicit or collect Personal Information from, or market to, children. You must be 18 years of age or older and reside in the United States or any of its territories to use the Services. By using the Services, you represent and warrant that you meet each of these requirements.
If you are under 18 years of age, do not attempt to register for or use any service provided by the Website, and do not provide us any Personal Information about yourself.
If a parent or guardian becomes aware that his or her child has provided us with Personal Information, he or she should contact us as described in the “How to Contact Us” section below. We will take reasonable steps to delete such information from our database in accordance with applicable legal requirements.
This Agreement applies to all users of our Services. You may not sign up for or use the Services as someone you are not; IndoorDoctor may disable or terminate your account if you do so.
4889-5931-2433.1
3. Changes to the Terms of Use
These Terms of Use may be changed, modified, supplemented or updated by IndoorDoctor from time to time as we strive to continuously improve our services. This also means we may add new features, restrict access to parts, suspend or discontinue any part of the Services, at any time. As a consequence, we reserve the right to modify these Terms of Use at any time and will do our best to inform you of these changes by uploading a notice on the Services at IndoorDoctor.com and changing the “Last Updated” date on this page. Your continued use of the Services in any form following such notification will constitute your acceptance of the modified Terms of Use.
You are encouraged to review Indoordoctor.com and these Terms of Use periodically for updates and changes.
4. Privacy
Our Privacy Policy describes how we handle the information we collect from and about your interactions when you use the Services. For an explanation of our privacy practices, please visit our Privacy Policy .
5. Subscriptions
The Services offered by IndoorDoctor are air quality product sale services. When You subscribe to the Services, you agree to pay all charges associated with the Services. You may be required to provide a valid credit card to place an order; you will be billed in advance of shipment of any product or performance of any service.
Your right to use the Services or a specific product is conditional upon compliance with these Terms of Use and other agreements between You and IndoorDoctor. If payment is not received or if these Terms of Use are violated, we reserve the right to immediately either suspend or terminate your access and account, thereby terminating all IndoorDoctor obligations hereunder to the fullest extent permitted by applicable law. You are required to pay any amounts still owed to us at the time your account is suspended or terminated. IndoorDoctor agrees that it will notify any user when, and if, we decide to terminate such user’s license. You are responsible for all activity occurring using your account or any login credentials for that account.
6. Registration and Security
As a condition to using our Services, or purchasing our products, you may be required to register with IndoorDoctor by providing your name, address, and a valid email address, credit card number, and other personal information. You may not
(a) download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on the IndoorDoctor.com site, or obtained from or through, the Services;
(b) use, reproduce or remove any copyright, trademark, trade name, slogan, logo, image, service mark or other proprietary notation displayed on or through the Services;
4889-5931-2433.1
(c) use cheats, automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Services;
(d) exploit the Services for any commercial purpose;
(e) use the Services in any manner that could disable, overburden, damage, disrupt or impair the Service or interfere with any other party's use of the Services or use any device, software or routine that causes the same;
(f) attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, or the computer systems or networks connected to the Service;
(g) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services;
(h) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same;
(i) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
(j) use the Services for illegal, harassing, unethical, or disruptive purposes;
(k) violate any applicable law or regulation in connection with your access or
use of the Services; or
(l) use the Services in any way not expressly permitted by these terms.
IndoorDoctor reserves the right to refuse registration or cancel an IndoorDoctor account at its sole discretion. You will be responsible for maintaining the confidentiality of your account and password and will be responsible for all activity over, through, or using your account and/or password. You may not transfer your account to anyone without express prior written consent of IndoorDoctor. Violation of any of the foregoing may result in immediate termination of your account, revocation of your ability to use the Services, and may subject you to state and federal penalties and other legal consequences.
IndoorDoctor reserves the right, but will have no obligation, to investigate your use of the Services in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
7. Ownership
4889-5931-2433.1
Ownership of the Services. The Services and their content, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that the IndoorDoctor and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content, including, without limitation, the exclusive right to create derivative works. Ownership of Trademarks. “IndoorDoctor” and all related names, logos, product and service names, designs and slogans are trademarks of the IndoorDoctor or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners or licensors, who may or may not be affiliated with, connected to, or sponsored by us. Ownership of Feedback. We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of the IndoorDoctor, and the IndoorDoctor may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to IndoorDoctor any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.
SEE SECTION 16 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS
SECTION 7.8. Your Restrictions and Responsibilities
You warrant, represent and agree that you will not contribute any content or otherwise use (or encourage any third party to use) the Services in a manner that
- infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party;
- violates any law, statute, ordinance or regulation;
- is harmful, fraudulent, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable as reasonably determined by IndoorDoctor;
- jeopardizes the security of your account or the Services in any way, such as allowing someone else access to your account or password;
- attempts, in any manner, to obtain the password, account, or other security information from any other user;
- violates the security of any computer network, or cracks any passwords or security encryption codes;
4889-5931-2433.1
- runs mail list, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or any malware or virus, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
- “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services (through use of manual or automated means);
- copies or stores any significant portion of the User Submissions;
- decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services (or the products of IndoorDoctor third party service providers).
IndoorDoctor reserves the right to terminate access of any third party application or service to our published or unpublished APIs. You will be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, or otherwise use the Services, including, without limitation, modems, hardware, software, and Wi-Fi services. You will be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
9. Third-Party Websites
The Services may contain links to third party websites and service providers that are not owned or controlled by IndoorDoctor. When you access third party websites, you do so at your own risk. IndoorDoctor encourages you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website that you visit or utilize. IndoorDoctor has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites. In addition, IndoorDoctor will not and cannot monitor, verify, censor or edit the content of any third party site. By using the Services, you expressly relieve and hold harmless IndoorDoctor from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that IndoorDoctor will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between users on this site, or between users and any third party, you understand and agree that IndoorDoctor is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release IndoorDoctor, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you will and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” And if you are not a California resident, you waive any applicable state statutes of a similar effect.
4889-5931-2433.1
SEE SECTION 16 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS
SECTION 9.
10. Warranty Disclaimer and Limitation of Liability
DISCLAIMER OF WARRANTIES INDOORDOCTOR DOES NOT GUARANTEE THAT THE INDOORDOCTOR WEBSITES, INDOORDOCTOR APPS, SERVICES OR ANY SERVICES PROVIDED THERETHROUGH WILL BE UNINTERRUPTED OR ERROR-FREE. CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS,” AS-AVAILABLE BASIS. INDOORDOCTOR DOES NOT GUARANTEE THAT ANY FILE AVAILABLE FOR DOWNLOADING IS FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
LIMITATION OF LIABILITIES
TO THE FULLEST EXTENT PERMITTED BY LAW:
(A) INDOORDOCTOR, ITS SUBSIDIARY AND AFFILIATED ENTITIES, INCLUDING THEIR RESPECTIVE BOARD MEMBERS, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, MEMBERS, EMPLOYEES, AND ASSIGNS, SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING UNDER THESE TERMS OR ASSOCIATED WITH YOUR USE OF THE SERVICES OR WITH ANY INDOORDOCTOR CONTENT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA, LACK OR LOSS OF DATA, OR OTHER INTANGIBLE LOSSES, WHETHER THE CLAIM FOR SUCH DAMAGES IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE (EVEN IF INDOORDOCTOR OR ITS APPLICABLE THIRD-PARTY PROVIDER HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES); AND
(B) THE MAXIMUM AGGREGATE LIABILITY OF ANY KIND ARISING UNDER OR RELATING TO THESE TERMS, THE PRODUCTS, OR INDOORDOCTOR CONTENT SHALL BE ONE HUNDRED UNITED STATES DOLLARS ($100.00). THE FOREGOING LIMITATIONS SHALL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHER TORT, OR ANY OTHER LEGAL THEORY; MOREOVER, THESE LIMITATIONS WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SEE SECTION 16 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 10.
11. Indemnity
You will indemnify and hold IndoorDoctor, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
4889-5931-2433.1
SEE SECTION 16 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS
SECTION 12.
12. Termination
This Agreement will remain in full force and effect while you use the Services. You may terminate your use of the Services or your account at any time by contacting us at [email protected] . IndoorDoctor may disable or terminate your access to the Services or your account at any time, for any reason (without cause or for your violation of any term of this Agreement), and without warning or notice, which may result in the forfeiture of all information associated with your membership. Upon termination of your account, your right to use the Services, and any Content will immediately cease; however, IndoorDoctor may retain notification data or other data and information pursuant to this Agreement and as necessary for auditing purposes and as required by law. All provisions of this Agreement which, by their nature, should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
13. Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of New Hampshire, without giving effect to any principles of conflicts of law. Subject to the Arbitration provision set forth in Section 14, you hereby consent and submit to the personal jurisdiction in the state and federal courts located in and for New Hampshire.
14. DISPUTE RESOLUTION; INFORMAL RESOLUTION AND FORMAL RESOLUTION BY ARBITRATION/CLASS ACTION WAIVER
In order to expedite and control the cost of disputes, you and IndoorDoctor agree that any legal or equitable claim relating to use of IndoorDoctor.com or the purchase of any IndoorDoctor product from IndoorDoctor.com(referred to as a “Claim”) will be resolved as follows:
A. INFORMAL RESOLUTION:
You and IndoorDoctor will first attempt to resolve any Claim informally. In the event that any dispute between IndoorDoctor and you arises out of or relates to these Terms of Use, the applicability of these Terms of Use to the use of any IndoorDoctor Services, or purchase of any IndoorDoctor products from IndoorDoctor.com, or to breach or enforcement, interpretation or validity of these Terms of Use, you and we agree to try to promptly resolve any such dispute informally. Please send a written notice describing the dispute to [email protected].
B. FORMAL RESOLUTION BY ARBITRATION/CLASS ACTION WAIVER:
READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY, IT LIMITS YOUR RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION. You agree that any dispute, controversy or Claim arising out of or relating to these Terms of Use, the applicability of these Terms of Use as to the use of any IndoorDoctor Services, or the purchase of any IndoorDoctor products from IndoorDoctor.com, or to breach or enforcement, interpretation or validity of these Terms of Use, or the determination of the scope or applicability of Arbitration shall be governed solely by the Federal Arbitration Act.
4889-5931-2433.1 If you and IndoorDoctor cannot resolve a Claim informally, any Claim asserted by either party will be resolved only by binding Arbitration. By agreeing to Arbitration, both you and IndoorDoctor understand and agree that all disputes shall be decided by an arbitrator and that you are waiving your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle disputes. Instead of suing in court, both you and IndoorDoctor each agree to settle disputes (except certain small claims) only by Arbitration. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. The rules in Arbitration are different. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in these Terms of Use as a court would.
The Arbitration will be conducted under the JAMS Streamlined Arbitration Rules & Procedures (referred to as the “JAMS Rules”) and under the rules set forth in these Terms of Use. If there is a conflict between JAMS Rules and the rules set forth in these Terms of Use, the rules set forth in these Terms of Use will govern. You may, in Arbitration, seek any and all remedies otherwise available to you pursuant to the law of the governing state. If you decide to initiate Arbitration, IndoorDoctor agrees to pay the Arbitration initiation fee and any additional required deposit required by JAMS to initiate your Arbitration. You and IndoorDoctor agree to pay the costs of the Arbitration proceeding provided however that if you are a consumer you shall not be required to pay more than $250.00 of the fees or such amount as the JAMS Rules may later prescribe. All other fees, such as attorneys’ fees and expenses of travel to the Arbitration, will be paid in accordance with JAMS Rules. The Arbitration will be held at a location in your home town area if possible, unless you and IndoorDoctor both agree to another location or telephonic Arbitration.
To initiate Arbitration, you or IndoorDoctor must do the following things:
(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to: JAMS, 620 Eighth Ave., 34th Floor, New York, NY 10018.
(3) Send one copy of the Demand for Arbitration to the other party. Special Rules in the Arbitration Proceeding. (i) The arbitrator has no authority to make errors of law and any award may be challenged if the arbitrator does so. Otherwise, the arbitrator’s decision is final and binding on all parties and may be enforced in any Federal or State court that has jurisdiction. (ii) Neither you nor IndoorDoctor shall be entitled to join or consolidate claims in Arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity. THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER. Accordingly, you and IndoorDoctor agree that the JAMS Class Action Procedures do not apply to our Arbitration. A court may sever any portion of this dispute resolution provision if it finds such unenforceable. Notwithstanding the obligation to arbitrate all Claims under these Terms of Use, you may assert an individual Claim in small claims court in lieu of Arbitration.
15. LIMITED TIME TO FILE CLAIMS
4889-5931-2433.1 You agree that you will assert any Claim arising out of your use of any IndoorDoctor Services or the purchase of any IndoorDoctor product from IndoorDoctor.com within one (1) year after the Claim arises, or such Claim will be barred.
SEE SECTION 16 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF
THIS SECTION 15.
16. EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE
If you are a consumer, the limitations in these Terms of Use are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. If you are a New Jersey resident or otherwise have rights under New Jersey’s consumer protection laws, the terms of Sections 7, 9, 10, 11, and 15 do not limit or waive your rights under New Jersey law and the limitations in these Terms of Use are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, IndoorDoctor reserves all rights, defenses and permissible limitations under the laws of New Jersey and under the laws of your State of residence. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210. Notwithstanding the foregoing, nothing in this Section shall modify Subsection 15(B) (“Formal Resolution by Arbitration/Class Action Waiver”).
17. Miscellaneous
The failure of either party to exercise, in any respect, any right provided for herein will not be deemed a waiver of any further rights hereunder. IndoorDoctor will not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond IndoorDoctor’ s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with IndoorDoctor’ s prior written consent. IndoorDoctor may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. This Agreement and any subsequent versions of this Agreement uploaded to the Services will be deemed a writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind IndoorDoctor in any way whatsoever. If there is any conflict between these Terms of Use and the terms of any written contract between You and IndoorDoctor, the contract shall control.
4889-5931-2433.1
18. Contact Us
You may contact us regarding the Services or these Terms at:
INDOORDOCTOR LLC
35 Manchester Road
Unit 11-1, #213
Derry, NH 03038
Privacy Policy
Introduction
This privacy policy (the “Privacy Policy”) explains how IndoorDoctor LLC. (“IndoorDoctor,” “we,” “us,” or “our”) collects, stores, uses, shares, and/or processes your information in connection with a variety of data analysis, team collaboration, and organization tools available online, including but not limited to “the websites (IndoorDoctor.com) and their subdomains as well as any community pages. IndoorDoctor is committed to protecting the privacy and security of your information. This Privacy Policy explains how IndoorDoctor and other online or mobile platforms (collectively, “Websites”) collects, uses, processes, discloses, shares, and retains your personal information when you access or use our Websites or other services related to the purchase of the IndoorDoctor products we (collectively, our “Services”), when you provide your information to us via the Websites, or through other means covered under this Privacy Policy. This Privacy Policy also informs you about certain choices and rights you may have associated with your information and how you can personally manage the privacy of your personal information. We take our obligations regarding your privacy seriously and worked to draft this Privacy Policy in a manner that is clear and easy for you to understand. By accessing or using our website and/or services, you agree to this Privacy Policy.
Please note that this Privacy Policy does not apply to the practices of third parties that we do not own or control (such as third-party websites that you may access from our Websites), or to individuals that IndoorDoctor does not employ or manage. We have no control over or responsibility regarding the information collected from you by others, such as third-party websites that you access through links on our Websites. Instead, such information practices are governed by those entities’ privacy policies. Please review the privacy policies of any third-party websites for information on how those entities collect and use your information.
Collection of Personal Information
In order to provide our Services to you, we need to collect certain information from and about you. We use your information to provide the Services you request, and to improve the Services we offer. By using our Services, you agree to the collection and use of your information in accordance with this Privacy Policy.
Personal information means any information that identifies, relates to, describes, or could be reasonably associated or linked with a particular person or household. It also includes other information that may be associated with you, such as your usage data, location, preferences, or interests, if that information can be used to identify you, your household, or your device, or any
4890-3716-8689.1
other information as otherwise defined under applicable law. The types of personal information we collect about you depend on your interactions with us and are described in more detail below. IndoorDoctor collects the following types of information from you and other users who use our Websites or Services:
- Individual Identifiers: includes your name, contact information such as mailing address, phone number, and email address.
- Payment Information: includes your payment account information utilized for payment and invoice processing. Note that we use third party payment processors to facilitate your payments.
- Usage and Technical Information: Our Website and Services include features that gather information about how users use it. This assists us with keeping track of preferences, creating a more tailored user experience, and better serving users’ particular interests and needs. This information may include: IP addresses, Website pages viewed and the duration, browser or operating system information, mobile device type, system settings, and aggregate and/or deidentified data related to a person’s interaction with our Website.
- Communications with Us, Preferences, and Other Information you Provide to Us: includes any messages, meetings, opinions, and feedback that you provide to us, your user preferences (such as in receiving updates or marketing information), and other information that you share with us when you contact us directly (such as for customer support services or to register for an IndoorDoctor account). Please note, that we appreciate all feedback you provide regarding the Website. However, any feedback or comments sent to the Website shall be and remain the exclusive property of IndoorDoctor. We reserve the right to share your feedback with other IndoorDoctor personnel or third parties of our choosing in order to improve our Services to you. We will respond with the information you have requested in a timely manner.
How We Collect Information
We generally collect personal information and create and maintain records about individuals for our legitimate business purposes and in relation to the Services we provide to you.
1. Personal Information You Provide to Us: We collect information that you decide to share with us. At times, we may require you to provide certain information, including personal information, in order to provide you with Services you request. For example, we collect personal information directly from you when you purchase one of our Services through our Website, engage with IndoorDoctor personnel, engagement through our membership portal, engage with us on social media, sign up for an IndoorDoctor account, or otherwise interact with us or use our Services. For instance, we will require you to
4890-3716-8689.1
provide your name, email address, mailing address, and payment card information when you purchase our products and Services. We may require you to provide your name, email address, or other contact information when you contact us with a question or comment. In some circumstances, we will not be able to further our relationship with you (for example, to provide you with our Services) without certain personal information. We will inform you at the relevant time if this is the case.
We collect any other information or content you provide to us, such as when you provide feedback about our products or services or make other submissions to us or use other features of our Services that may be offered from time to time, which may require the collection of certain personal information in order to utilize the features. Examples of user content data may include information about your opinions, feedback, preferences, and any other personal information you choose to provide in your interactions with us.
2. Personal Information We Collect Automatically: We automatically collect certain personal information when you access and use our Services. The types of information we collect may include:
a. Internet Activity. We collect certain information about your internet activity when you use our Website and Services. Examples of such information includes your IP address.
b. Usage Data. IndoorDoctor collects information about your activity on our Services via cookies. Please see the “Cookies” section below for more information on cookies and your cookie choices.
3. Personal Information We Collect From Other Sources: We may collect personal information about you from other sources such as publicly available sources, but always in accordance with the authorization procedures and privacy settings you establish with such services.
Cookies
The Websites use cookies – small data files stored by your web browser on your computer's hard drive – to track which areas of our Websites are used the most and to help us make our Websites more informative and user-friendly.
IndoorDoctor has the right to receive, store and use the information you enter on our Websites or which is collected during your visit to our Websites. Such information may include the date and time of your visit, pages accessed, the web browser you use, the internet address of any website from which you linked directly to our website and related information, and will generally not personally identify you.
The Site uses the following types of cookies:
4890-3716-8689.1
- ‘Session cookies’ which are stored only temporarily during a browsing session in order to allow normal use of the system and are deleted from your device when the browser is closed;
- ‘Persistent cookies’ which are read only by the Websites, saved on your computer for a fixed period and are not deleted when the browser is closed. Such cookies are used where we need to know who you are for repeat visits, for example to allow us to store your preferences for the next sign-in;
- ‘Mandatory Cookies’ which are required to activate the core functionality of the Website. These cookies are used to process information that helps us secure the Websites and activate their functionality and cannot be disabled;
- ‘Functional and Analytical Cookies’ which are used to analyze activities on the Websites in order to improve and optimize the way our Websites works. An example of these cookies is cookies that track Website usage.
Your Cookie Choices
When it comes to how you want to use or allow cookies to be used or allowed on your devices, you are in control. Most internet browsers are initially set to accept cookies. You may set your browser to block or otherwise control what cookies your browser or mobile device accepts via your browser or mobile device settings. Additionally, you can choose to modify your settings and delete those cookies that are otherwise stored on your device. Please note that, if you choose not to accept cookies, some Website features and the personalization of our Services may no longer work for you. Please consult the instructions provided by your browser or your mobile device’s manufacturer to determine how you can limit the placement of and/or remove cookies or other technologies.
How We Use Your Information
IndoorDoctor may use the information it collects in a variety of ways for its business or
commercial purposes, such as to:
- Fulfill your requests;
- Facilitate your movement through the Website;
- Facilitate your use of the Website’s features, products, and/or Services;
- Send you communications such as website updates, administrative e-mails, promotional e-mails, answers to your questions, and updates about the Websites and Services;
- Provide you with information about IndoorDoctor and our businesses, products, and Services by letter, e-mail, or other forms of communication;
- Improve the Websites and/or the Websites’ content, features, and/or services;
4890-3716-8689.1
- Improve IndoorDoctor’s Services, and/or marketing efforts;
- Improve IndoorDoctor’s offerings and features
- Create new IndoorDoctor Services and/or marketing efforts;
- Analyze traffic to and through the Websites;
- Analyze user behavior and activity on or through the Websites;
- Monitor the activities of you and others on or through the Websites;
- Protect or enforce IndoorDoctor’s rights and properties;
- Protect or enforce the rights and properties of others;
- Where you otherwise have given IndoorDoctor your consent and permission to do so; and
- Comply with applicable laws, in response to a lawful and enforceable request by a law enforcement, judicial, or other public authority, or in connection with an applicable legal obligation.
How We Share Your Information
We may share or disclose your personal information to help provide our Services to you. For instance, we may share your information with our service providers to respond to your requests or to provide customer service. We may also provide your personal information to third party service providers who assist us in providing certain services. For example, we may share the information we collect from you with our cloud hosting service providers. We may also disclose or share your information for the following purposes:
- To facilitate and improve the quality and marketing of our Services.
- To protect our users and network against fraud and security threats.
- To comply with a legal obligation.
- To protect and defend our rights or property.
- To prevent or investigate possible wrongdoing in connection with the Services.
- To protect the personal safety of individuals or the public.
- To protect against legal liability.
4890-3716-8689.1
- When there is a good faith belief that such action is necessary to investigate or protect against harmful activities to our guests, visitors, associates, or property (including the Websites), or to others. This may include disclosures to law enforcement to investigate potential criminal activity or other civil violations.
- We may share your information with the following types of entities and third parties:
- Service Providers: IndoorDoctor may engage fulfillment companies, service providers, individuals, and agents to facilitate and help us provide our Services. Such service providers perform tasks, services, or functions on our behalf, or assist us in analyzing how our Services are used or delivered. They may include other functionality such as financing, marketing, shipping, delivery, web hosting or development, technical support and other support services. IndoorDoctor reserves the right to provide personal information to such companies to the extent it may be necessary for them to provide services to or on behalf of IndoorDoctor. Any such companies must agree to maintain the confidentiality of any personal information we may provide to them and are contractually obligated not to disclose or use it for any other purpose. Such companies may also collect personal information directly from you in connection with providing their services, and they will have the right to provide that personal information to us. Such other companies may not use your private or personal information for purposes other than providing services through or on behalf of IndoorDoctor.
- Law Enforcement or Other Lawful Authority: We may from time to time be required to provide information to law enforcement or other governmental authorities pursuant to a warrant, court order, or other lawful process.
- SMS consent or phone numbers for the purpose of SMS are not shared with third parties.
Over the last 12 months, we have shared the following types of personal information:
Category of Information
Examples of Information Shared or Disclosed Categories of Recipients
Identifying Information
Real name, mailing address, email address, phone number, and other identifiers.
Our clients, our service providers, and government entities (where required by law)
Usage and Technical Information
Information about your interaction with our Websites and content on third-party sites or platforms, such as social networking sites (e.g. IP address; browsing history; search history; device information; information about user’s interaction with Websites, such as scrolling, clicks, and mouse- overs (via cookies, pixel tags, web beacons, transparent GIFs); browser information; operating system and platform; geolocation information; user content (e.g. photos, videos, audio, images, social media /online posts, first-party works).
Our Service Providers, and government entities (where required by law)
4890-3716-8689.1
FinancialInformation
Billing and payment information. Our service providers, other IndoorDoctor affiliated entities, and law enforcement or other government entities (where required by law)
Categories of Personal Information Sold
We do not sell your personal information to third parties. Please note that “sale” of personal information does not include those instances when such information is part of a merger, acquisition, or other transaction involving all or part of our business. If we sell all or part of our business, make a sale or transfer of assets, or are otherwise involved in a merger or other business transaction, we may transfer your personal information to a third party as part of that transaction. If such transaction materially affects the manner in which your personal information is processed, we will notify you of such change prior to its implementation.
How Your Information is Stored, Transferred, and Secured
Data Transfers IndoorDoctor’s main offices are located in the United States. IndoorDoctor hosts the information it collects at its data center in the United States. As a result, your information may be subject to access requests from governments, courts, law enforcement officials and other lawful authorities in another jurisdiction according to its laws. Subject to the applicable laws, we will use reasonable efforts to ensure that appropriate protections are in place to maintain protections on the personal information.
Retention and Deletion of Personal information
We will retain your personal information for as long as necessary to provide our Services, and as necessary to comply with our legal obligations, resolve disputes, and enforce our policies. Retention periods will be determined taking into account the type of information that is collected and the purpose for which it is collected, bearing in mind the requirements applicable to the situation and the need to destroy outdated, unused information at the earliest reasonable time. Under applicable regulations, we will keep records containing client personal information, account opening documents, communications and anything else as required by applicable laws and regulations. We may rectify or remove incomplete or inaccurate information, at any time and at our own discretion.
Securing Your Information
4890-3716-8689.1
IndoorDoctor takes the privacy and security of your information seriously, and uses reasonable, appropriate and customary procedures and technologies to help protect the confidentiality of any personal information we collect. Towards that end, IndoorDoctor employs reasonable administrative, physical, and technical safeguards to protect the information we hold. However, no website, network, or system can be absolutely protected against intentional or malicious intrusion attempts despite our precautions. Furthermore, IndoorDoctor does not control the devices, computer or network through which you access the Websites or over which you may choose to send personal information or other information to us, and therefore cannot prevent potential interceptions or compromises to your information while in transit. IndoorDoctor makes no guarantee as to the security, integrity or confidentiality of any information transmitted to or from the Websites. IndoorDoctor is committed to safeguarding your information to the best of its ability but cannot guarantee the security of electronic communications or transmission made over the Internet.
Opting out of Marketing Communications
Your personal information may be used to provide you with information regarding additional opportunities and information about our Services; and by using the Websites or Services and providing us with your personal information, you consent to such use. However, in the case of electronic direct marketing, we will provide you with a method to opt-out of receiving further marketing materials or with a method to opt-in if required by law.
Opt-out mechanisms will normally be available on the relevant email, Website, or Service, but you may notify us at the address specified below under "Contact Us". Requests to opt out of communications based on data controlled by third parties must be made through the third party. Notwithstanding the foregoing, there may be some jurisdictions requiring stricter opt-in versus opt-out mechanisms relating to these types of communications and we will comply with the applicable laws in such locations.
“Do Not Track” Signals
We do not support “Do Not Track.” Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable “Do Not Track” by visiting the “Preferences” or “Settings” page of your web browser. Third parties may collect data that relates to you. We cannot control third parties’ responses to do-not-track signals or other such mechanisms. Third parties’ use of data relating to you and responsiveness to do-not-track signals is governed by their respective privacy policies.
Children’s Privacy
All of our Services, including our Websites, are intended for adult audiences, and are not meant to address anyone under the age of 18 (“Children”). As such, we do not knowingly collect
4890-3716-8689.1
personal information from anyone under the age of 18, and Children under 18 may not use our Sites or any other Services. If you are under 18, do not attempt to register for or use any of our Services, including our Sites, and do not provide us any personal information about yourself. If you are a parent or guardian and you are aware that your child has violated this Privacy Policy and provided us with personal information, please contact us. If we become aware that we have collected personal information from Children without verification of parental consent, we will take steps to remove that information from our servers.
Privacy Information for California Residents
IndoorDoctor has in place policies and procedures to facilitate the exercise of privacy rights available to California residents. If you are a California resident, the California Consumer Privacy Act (“CCPA”) requires us to disclose the following information with respect to our collection, use, and disclosure of personal information.
- Your Privacy Rights Subject to certain limitations, you have the following rights under California law:
- Right to Access: have access to your personal information upon simple request – that is, you may receive a copy of such information upon receipt of a verifiable request, along with other information related to the collection or processing.
- Right to Disclosure of Direct Marketers: to have access upon simple request, and free of charge, the categories and names/addresses of third parties that have received personal information for direct marketing purposes.
- Right to Information About Collecting, Selling, Sharing, or Disclosing Personal Information: upon receipt of a verifiable request, you may obtain a list of:
1. The specific pieces of your personal information IndoorDoctor holds;
2. The categories of personal information collected about you, sold to third parties, or disclosed to third parties for business purposes;
3. The categories of personal information sold within the last 12 months;
4. The categories of sources from which personal information is collected;
5. The business or commercial purpose for collecting or selling personal information; and
6. The categories of third parties with whom personal information is shared, sold, or disclosed for a business purpose.
4890-3716-8689.1
- Right to Opt-Out of the Sale of Personal Information: California residents have the right to opt-out of the sale of their personal information under certain circumstances. As noted elsewhere, we do not sell your personal information.
- Right to Deletion: to obtain the deletion of your personal information in the situations set forth by applicable data protection law and upon receipt of a verifiable request.
- Right to Non-Discrimination: As defined under relevant law, you have a right to non-discrimination in the Services or quality of Services you receive from us for exercising your rights.
- Right to Correct: California residents have the right to correct inaccurate pieces of information held by IndoorDoctor.
Please contact us utilizing the toll free number or email address listed in the “Contact Us” Section below in relation to exercising these rights. We will ask you to provide information about yourself so that we can verify your identity as part of this process. This information may include your name, email address, unique mattress identification tag number, and any other information necessary to reasonably verify your identity, to ensure that your information is not shared with anyone impersonating you. Once we have verified your identity, we will work to fulfill your request in a timely manner. Please note there may be some situations in which we are unable to fulfill your request, such as if we cannot find any information about you within our systems. Additionally, we may not be able to honor a deletion request in some situations, such as if your information is necessary to fulfill the Services you requested or meet a legal obligation. We will inform you whether we can fulfill your rights request.
We may ask for additional information if we have difficulty confirming your identity. We will not share your information or honor other requests in those situations in which we are unable to confirm a request for your information is a “verifiable request.”
Under California law a consumer can appoint an “authorized agent” to make certain verifiable requests upon their behalf, such as the right to know what information we collect about the consumer or to request deletion of the consumer’s information. An “authorized agent” may submit a request on behalf of a California resident who has authorized the agent to act on their behalf. Because the security and privacy of your information is paramount, we will ask that you identify such persons and directly confirm that such persons are authorized to act as your agent and exercise your applicable rights under California law in such situations. This may require us to contact you directly and alert you that an individual has claimed to be your agent and is attempting to access or delete your information. We will also independently verify your identity to ensure that an unauthorized person is not attempting to impersonate you and exercise your rights without authorization. We will not share your information or honor any other requests in those situations where you cannot or do not grant permission in writing for an identified authorized agent to act on your behalf, or where we cannot independently verify your identity.
4890-3716-8689.1
If you are a California resident and have any questions about this Privacy Policy, our practices, your personal information, or your rights and choices under applicable laws, please contact us at the information below.
Your California Privacy Rights Regarding Direct Marketing Information California residents have the right to request information from a company regarding the manner in which it shares certain categories of personal information with third parties for their direct marketing purposes, in addition to the rights set forth above. IndoorDoctor does not share your personal information with direct marketers.
Under California law, you have the right to send us a request at the designated address listed below in the “Contact Us” section to receive the following information:
- The categories of information we disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year;
- The names and addresses of the third parties that received the information; and
- If the nature of the third party’s business cannot be determined from their name,
examples of the products or services marketed. To make such a request, please provide sufficient information for us to determine if this applies to you, and attest to the fact that you are a California resident. Please also provide a current California address for our response. You may make this request in writing to us at the address provided in the “Contact Us” Section. Any such request must include “California Privacy Rights Direct Marketing Information Request” in the first line of the description, and include your name, street address, city, state and ZIP code. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through the address provided for this purpose below. Note that responsive information may be provided in a standardized format that is not specific to you.
Contact Us
Please direct any questions you may have about this Privacy Policy to any one of the
following:
By mail:
INDOORDOCTOR LLC
35 Manchester Road
Unit 11-1, #213
Derry, NH 03038
By e-mail: [email protected]
4890-3716-8689.1
By Phone: 01-253-243-6121
The foregoing contact information may change from time-to-time by modification of this Privacy Policy.
Updates to this Privacy Policy IndoorDoctor reserves the right to revise this Privacy Policy from time to time at our sole discretion. Our Websites will link to our current Privacy Policy and any changes we make will be reflected in an update to our Privacy Policy and by revising the “last updated” date at the top of this Privacy Policy. You are advised to check back to this page periodically to learn of any changes made to our policies. Changes to this Privacy Policy are effective when they are posted on this page.
Difficulty Accessing Our Privacy Policy
Individuals with disabilities who are unable to usefully access our Privacy Policy online may contact us at the above-listed contact information to inquire how they can obtain a copy of our policy in another, more easily readable format.
