EMPATH FOUNDATION
JAGTAG TERMS OF USE
The JagTag is designed to be an additional layer of protection and does not replace careful child supervision. The JagTag is water resistant, it is NOT waterproof and should not be submerged in water.
These JagTag Terms of Use (“Terms of Use”) are applicable to the JagTag device(s) (“JagTag(s)” or “Device(s)”) provided by the EmPath Foundation, a/k/a EmPath for Autism Foundation, a nonprofit corporation organized and registered under the laws of the State of Ohio (“EmPath” or “us” or “we”) to any individual or entity, whether directly or indirectly. Please read this document carefully as it is a legally binding agreement between you, and your heirs, representatives, assignees, transferees, designees, agents, principals, and any other individual or entity whom you represent or on behalf of whom you request or otherwise obtain a JagTag (collectively, “you”), and EmPath.
1. ACCEPTING THE TERMS OF USE.
By requesting a Device, you are agreeing to these Terms of Use and entering into a legally binding agreement with us. If you do not agree to the Terms of Use – including the binding arbitration agreement, jury trial waiver, and class action waiver contained in Section 8 below – you may not use and shall immediately cease to use the Device. These Terms of Use are binding on you and any individual or entity who subsequently comes into possession of the Device provided to you. We may change or amend these Terms of Use from time to time. We will post a revised copy on our site (https://www.empathforautism.com). We encourage you to check regularly for any updates. If we make any material changes to these Terms of Use, we will attempt to notify you via email, regular mail, or telephone. Your continued use of the Device following such changes will constitute your acceptance of any new or modified terms, regardless of whether you have received the attempted notification from us.
2. ELIGIBILITY AND REGISTRATION.
By requesting a Device, you represent, acknowledge and agree that you are at least 18 years of age. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms of Use and to fully indemnify and hold harmless EmPath if the Minor breaches any of these Terms of Use or alleges (or anyone acting on behalf of the Minor alleges) any injuries or damages as a result of using the Device. If you are an adult who requests and receives a Device and then provides it to a Minor, whether directly or indirectly, for use, you hereby agree – to the fullest extent permitted by applicable law – to bind the Minor to these Terms of Use and to fully indemnify and hold harmless EmPath if the Minor breaches any of these Terms of Use or alleges (or anyone acting on behalf of the Minor alleges) any injuries or damages as a result of using the Device. If you are not at least 18 years old, you may not request a Device from EmPath. To request a Device, you must provide certain information to EmPath, including your name, a mailing address, an email address, a contact phone number, and the nature of the relationship between you and the person or entity for which the requested Device is intended.
3. DEVICE RULES.
There are a number of rules you must follow to use your Device. You agree not to use your Device in any way that:
• Violates these Terms of Use;
• Interferes with any other party’s use and enjoyment of their Device;
• Attempts to gain unauthorized access to your Device or any Device;
• Violates any third party’s rights, including copyright, trademark, privacy rights, or any other intellectual property or proprietary rights;
• Violates the Safety and Handling Information provided by Sections 10 and 11;
• Threatens, stalks, harms, or harasses others, misleads or deceives others, promotes bigotry or discrimination, defames others, or is otherwise objectionable; solicits personal information, promotes illegal substances, or submits or transmits pornography; or
• Violates any laws or attempt to use the Device for any illegal purpose.
Failure to abide by these Terms of Use shall result in immediate termination of your rights to use the Device, in addition to any other rights or remedies we have under appliable laws. EmPath reserves the right to demand the return of the Device or proof of its destruction in the event of any failure by you to abide by these Terms of Use.
4. INTELLECTUAL PROPERTY.
Parts of the Device may be patented by us or by others and are protected by U.S. and international laws. You agree to abide by all applicable patent laws.
You may not use any of our trademarks, trade names, service marks, patents, or logos in any manner which creates the impression that such items belong to or are associated with you, unless you have our written consent. You acknowledge that you have no ownership rights in or to any of such items.
5. DISCLAIMER OF WARRANTIES.
YOU AGREE THAT YOUR USE OF THE DEVICES IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE DEVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” YOU FURTHER ACKNOWLEDGE THAT WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO THE DEVICE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, COURSE OF DEALINGS, USAGE OF TRADE, ACCURACY, TITLE AND/OR NONINFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. Any oral or written warranties or representations made or allegedly made by EmPath or any of its agents or representative prior to these Terms of Use are hereby expressly and unequivocally revoked and disclaimed. We make no representations or guarantees that the Device is compatible with your intended use, and we disclaim any liability relating thereto.
We make no guarantees, representations, or warranties that the Device or information available through the Device, or that the use of or result of the use of the Device, will be accurate, reliable, complete, current, uninterrupted, or without errors.
You understand and acknowledge that you are capable of evaluating the merits and risks of using the Device and that you are able to bear any such risks.
6. LIMITATIONS OF LIABILITY.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO OUR NEGLIGENCE, SHALL WE, OUR SUBSIDIARIES, OUR AGENTS, OUR DONORS, OUR REPRESENTATIVES, OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE DEVICE, INCLUDING THOSE DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION OF TRANSMISSION IN CONNECTION WITH YOUR USE OF THE DEVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU. TO THE EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY IN CONNECTION WITH THE DEVICE FOR DAMAGES – WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE – WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO OBTAIN THE DEVICE OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
If you are now, or at any time during your use of the Device, a California resident, you hereby waive the protections afforded by 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 or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” This express waiver by you applies to any potential claim by you against us and is binding on you and any third party to whom you provide the Device, whether directly or indirectly.
7. INDEMNITY.
You agree to indemnify, defend, and hold us, our subsidiaries, our agents, our donors, our representatives, and/or our affiliates harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to: (i) your access to or use of the Device; (ii) the access to or use of your Device by any individual or entity to whom/which you provide your Device, whether directly or indirectly; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iii) your breach of the Terms of Use. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate in such defense. You agree not to settle any matter in which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. Any failure or inability to provide you with such notice will not defeat or reduce your duties under this Section.
8. BINDING ARBITRATION AGREEMENT, JURY TRIAL WAIVER AND, CLASS ACTION WAIVER.
***Please read this Section carefully – it may significantly affect
your legal rights, including your right to file a lawsuit in court
and to have a jury hear your claims***
By using the Device, you irrevocably agree: (a) to waive all rights to trial in a court before a judge or jury on any claim, action or dispute with us or relating in any way to your use of the Device or the interpretation, applicability, enforceability or formation of these Terms of Use including, but not limited to, any claim that all or any part of this agreement is void or voidable (“Claims”); (b) that all Claims will be determined exclusively by final and binding arbitration in Hamilton County, Ohio before one arbitrator; and (c) that the arbitrator will not have the authority to consolidate the Claims of other users of the Devices (“Users”) and will not have the authority to fashion a proceeding as a class or collective action or to award relief to a group or class of Users in one arbitration proceeding.
The arbitration shall be administered by the American Arbitration Association pursuant to its applicable Rules and Procedures. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the State of Ohio, Hamilton County, without regard to any of its conflicts of laws provisions or rules of construction concerning the drafter. All parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
All arbitrations shall be conducted in Hamilton County, Ohio, unless otherwise required by the arbitrator or otherwise consented to by EmPath upon your request.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Claims. However, nothing in this Section shall prevent us from enforcing our intellectual property rights and/or remedy unfair competition, misappropriation of trade secrets, unauthorized access, fraud or computer fraud, and/or industrial espionage in court, whether by legal or equitable relief.
Judgment on any arbitration award may be entered in any court having jurisdiction. In any arbitration arising out of or related to these Terms of Use, the arbitrator shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator determines a party to be a prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.
9. GENERAL TERMS.
A. Notices and Electronic Communications. We may provide you with notices, including those regarding changes to the Terms of Use by email, regular mail, or telephone. When you use the Device, you consent to receive communications from us electronically and through each of the foregoing methods. By engaging in any telephone conversation with our agents or employees, you consent to our recording such telephone call. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store electronic communications from us such that they remain accessible to you in an unchanged form.
B. Governing Law. The laws of the State of Ohio and applicable United States law (e.g., trademark law) govern these Terms and matters arising out of or relating to the Device, without giving effect to such state’s conflicts of law principles or rules of construction concerning the drafter. You hereby irrevocably and unconditionally submit to the jurisdiction of the federal and state courts venued in Hamilton County, Ohio for the purpose of any suit, action, or other proceeding arising out of or based upon these Terms of Service, your access to or your use of the Device, with such courts being the exclusive forum for any such suit, action, or other proceeding, except as otherwise provided in Section 8.
C. Miscellaneous. You acknowledge that these Terms of Use, any other policies or terms incorporated herein, either in their entirety or by explicit reference, and any other terms and conditions on the Device, constitute the entire agreement between you and us and govern your use of the Device and supersede all oral statements and prior writings with respect to the subject matter hereof. If any provision of the Terms of Use is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible by law, and the other provisions of the Terms of Use will remain in force. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed by us in writing. We may assign the Terms of Use and delegate certain responsibilities, obligations, and duties under or in connection with the Terms of Use in our sole discretion. These Terms of Use shall inure to the benefit of and be binding upon all successors and assigns.
D. Ohio Consumer Sales Practices Act. To the extent permitted, your acceptance of these Terms of Use, EmPath providing the Device to you, and your use of the Device shall not be construed as a “consumer transaction” as that term is defined under the Ohio Consumer Sales Practices Act. Further, EmPath is not a “supplier” as that term is defined by O.R.C. § 1345.01(C) as we are not a seller, lessor, assignor, franchisor, or other person engaged in the business of effecting or soliciting consumer transactions.
E. No Promise. We are not promising to provide a Device to every person or entity who desires or requests a Device. We will exercise our discretion to provide the Devices when available to whichever individuals or entities we feel appropriate. We reserve the absolute right to provide or not provide Devices as we deem appropriate. These Terms of Use shall not provide a basis for claiming damages under a promissory estoppel theory.
10. AIRTAG SAFETY, HANDLING, AND REGULATORY INFORMATION.
A. Important Safety Information. Handle AirTag with care. It contains sensitive electronic components, including batteries, and can be damaged, impair functionality, or cause injury if dropped, burned, punctured, crushed, disassembled, or if exposed to excessive heat or liquid or to environments having high concentrations of industrial chemicals. Don’t use a damaged AirTag.
B. Battery. AirTag contains a coin cell battery. The battery may need to be replaced during the life of the product. Replace only with the same type (CR2032) and rating of battery, observing the correct polarity.
To replace the battery:
1. Push the battery compartment door, then turn counter-clockwise with two thumbs and release when rotation stops.
2. Remove the door.
3. Remove the battery.
4. Insert a CR2032 battery into the device with the positive side (+) facing up.
5. Place the battery compartment door on the device, and rotate clockwise while gently pushing, until it drops into place.
6. Push door into device until it stops, then rotate clockwise with two thumbs until rotation stops. There is a risk of fire or electric shock, if the battery is replaced by an incorrect type.
Dispose of used battery according to your local environmental laws and guidelines. For more information please visit www.apple.com/batteries.
Important: Keep batteries away from children. Do not ingest battery, if ingested or placed inside body seek medical attention immediately. Ingesting can cause severe chemical burns in just two hours and result in serious injury or death. If the battery compartment does not close securely, stop using the device and keep away from children.
The symbol above indicates that this product and/or battery should not be disposed of with household waste. When you decide to dispose of this product and/or its battery, do so in accordance with local environmental laws and guidelines. For information about Apple’s recycling program, recycling collection points, restricted substances, and other environmental initiatives, visit apple.com/environment.
California: The coin cell battery in your device contains perchlorates. Special handling and disposal may apply. Refer to dtsc.ca.gov/hazardouswaste/ perchlorate.
C. Choking Hazard. AirTag, the battery compartment door, the battery, and case may present a choking hazard or cause other injury to small children. Keep these items away from small children.
D. Medical Device Interference. AirTag contains components and radios that emit electromagnetic fields. AirTag also contains magnets. These electromagnetic fields and magnets may interfere with pacemakers, defibrillators, or other medical devices. Maintain a safe distance of separation between your medical device and AirTag. Consult your physician and medical device manufacturer for information specific to your medical device. Stop using AirTag if you suspect it is interfering with your pacemaker, defibrillator, or any other medical device.
E. Electrostatic Shock. When using this product in areas where the air is very dry, it is easy to build up static electricity. To minimize the risk of electrostatic discharge, avoid using this product in extremely dry environments, or touch a grounded unpainted metal object before using.
F. Important Handling Information. Discoloration of AirTag after regular use is normal. To clean, use a soft, dry, lint-free cloth. Don’t press anything sharp on the rubber seal or on the battery terminal contacts inside the device. Don’t get moisture in any openings or use aerosol sprays, solvents, or abrasives to clean the device. For information about exposure to liquid and cleaning your device, see www.apple.com/ support.
G. Ultra Wideband Information. Ultra Wideband on AirTag is only active when AirTag is in close proximity to a paired Ultra Wideband-compatible Apple device and during a user-triggered finding session. When use of Ultra Wideband is prohibited in your region, such as while traveling in aircraft, Ultra Wideband can be turned off by turning on Airplane mode on a paired Ultra Wideband-compatible Apple device. On the paired Ultra Wideband-compatible Apple device, open Control Center, then tap the airplane icon. You can also turn Airplane mode on or off in Settings. When Airplane mode is on, the airplane icon appears in the status bar. Ultra Wideband features require a paired Ultra Wideband-compatible Apple device. Ultra Wideband availability varies by region.
H. FCC Compliance. The AirTag portion of this Device complies with part 15 of the FCC Rules. Operation is subject to the following two conditions: (1) this Device may not cause harmful interference, and (2) this Device must accept any interference received, including interference that may cause undesired operation.
Note: This equipment has been tested and found to comply with the limits for a Class B digital device, pursuant to part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation.
This equipment generates, uses, and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there is no guarantee that interference will not occur in a particular installation.
If this equipment does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, the user is encouraged to try to correct the interference by one or more of the following measures:
• Reorient or relocate the receiving antenna.
• Increase the separation between the equipment and receiver.
• If the equipment is connected to an outlet, connect it to an outlet on a circuit different from that to which the receiver is connected.
• Consult the dealer or an experienced radio/TV technician for help.
Changes or modifications to this product not authorized by Apple could void the electromagnetic compatibility (EMC) and wireless compliance and negate your authority to operate the product.
This product has demonstrated EMC compliance under conditions that included the use of compliant peripheral devices and/or shielded cables between system components. It is important that you use compliant peripheral devices and/or shielded cables between system components to reduce the possibility of causing interference to radios, televisions, and other electronic devices. This product was tested for EMC compliance under conditions that included the use of Apple peripheral devices.
Responsible party (contact for FCC matters only):
Apple Inc.
One Apple Park Way, MS 911-AHW
Cupertino, CA 95014 USA
apple.com/contact
Frequency Maximum Power
2.4GHz (Bluetooth®) < 100mW
6.0 - 8.5 GHz (Ultra Wideband) < 0dBm/50MHz
I. Support. For support and troubleshooting information, user discussion boards, and the latest Apple software downloads, go to www.apple.com/support.
11. MOTOROLA MOTO TAG SAFETY, HANDLING, AND REGULATORY INFORMATION.
A. Safety Information. Your product contains magnets and may interfere with pacemakers and other medical devices. Consult your healthcare provider and the medical device manufacturer’s directions before using this product.
Do not attempt to disassemble, repair or modify the product by yourself. This may damage the product and could cause danger.
The product may present a choking hazard to small children and animals.
B. Battery. Remove and immediately recycle or dispose of used batteries according to local regulations and keep away from children and animals. Do NOT dispose of batteries in household trash or incinerate.
Even used batteries may cause severe injury or death.
Call a local poison control center for treatment information.
Use a CR2032 battery (nominal voltage: 3V).
Non-rechargeable batteries are not to be recharged.
Do not force discharge, recharge, disassemble, heat above 70°C (158°F) or incinerate. Doing so may result in injury due to venting, leakage or explosion resulting in chemical burns.
Ensure the batteries are installed correctly according to polarity (+ and -).
Remove and immediately recycle or dispose of batteries from equipment not used for an extended period of time according to local regulations.
Always completely secure the battery compartment. If the battery compartment does not close securely, stop using the product, remove the battery, and keep it away from children and animals.
C. Replace the Battery.
1. Press the battery cover and turn counterclockwise to remove the cover.
Note: Do not insert a pin into the buzzer hole
2. Remove the battery and insert a CR2032 battery with the positive side (+) up.
3. Put the cover back and rotate clockwise while pushing, until rotation stops.
D. Use & Care. Don’t use your product in temperatures below -20°C (-4°F) or above 45°C (113°F). Don’t store/ transport your product in temperatures below 20°C (-4°F) or above 70°C (158°F).
Don’t drop, disassemble, puncture, crush or expose your product to fire.
To clean your product, use a dry, soft cloth.
E. Water Immersion, Dust and Splash Resistance.
Tested under controlled laboratory conditions, the product is water, splash, and dust resistant to a rating of IP67 (IEC 60529) and can be submerged up to 1 meter in still, fresh water for up to 30 minutes. It is designed to provide protection against the ingress of solid foreign objects of size bigger than 1 millimeter. However, the product is not completely waterproof or dust proof. Avoid exposing the product to pressurized water, salt water or liquids other than fresh water, and do not intentionally submerge it in any liquid or attempt to operate it underwater. Water, splash, and dust resistance are not permanent, and the protection performance may continue to decline due to daily use. Not designed to work while submerged underwater.
To prevent water damage to the product:
Do not expose the product to pressurized water, salt water or liquids other than fresh water.
Avoid prolonged exposure to water, and do not intentionally submerge in water.
Dry the product thoroughly with a soft, clean cloth.
Do not drop, puncture, or scratch your product, as this could damage the water resistant features.
F. Ultra Wideband Information. Ultra Wideband (UWB) features require a paired UWB supported device. UWB availability varies by region. When use of UWB is prohibited in your region, swipe up from the home screen of your paired phone, tap Settings > [Magnifying Glass Symbol], then type UWB, and find the switch to turn it off.
In the US, UWB devices may not be employed for the operation of toys. Operation onboard an aircraft, a ship or a satellite is prohibited.
G. Disposal & Recycling.
Don’t dispose of this product or its battery with your household waste. For help recycling products and packaging responsibly, visit www.motorola.com/recycling.
H. FCC Compliance. This device complies with part 15 of the FCC Rules. Operation is subject to the following two conditions: (1) This device may not cause harmful interference, and (2) this device must accept any interference received, including interference that may cause undesired operation.
Motorola has not approved any changes or modifications to this device by the user. Any changes or modifications could void the user’s authority to operate the equipment.
Frequency
Maximum Power
2402-2483.5MHz (Bluetooth)
EIRP 10dBm
6240-6740/7737-8237MHz (Ultra Wideband)
0dBm/50MHz
I. Support. If you have questions or need assistance, go to www.motorola.com/support.
