PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING ANY ORTHO MX PRODUCT. By accessing or using the InStride mobile application, website, or any other related Ortho MX service (collectively, the “Platform”), on any phone, tablet, console, or other device (collectively “Device”), you are signifying that you have read, understood, and agree to be bound by these terms and conditions, and any other applicable law, whether or not you become a registered user of the Platform. Ortho MX may change these Terms and Conditions at any time without notice, effective upon its posting to the Platform. Your continued use of the Platform will be considered your acceptance to the revised Terms and Conditions. If you do not agree to these Terms and Conditions, do not use the Platform.

In these Terms and Conditions, “Ortho MX” refers to Ortho MX Technologies Inc., a company incorporated and operating in Nova Scotia, with its head office at 99 Wyse Road, Suite 600, Dartmouth, NS. “InStride” refers to the Ortho MX application and online portal designed to track walking patterns using a mobile Device.

PLATFORM USE

Information provided on or related to the Platform is subject to change. Ortho MX makes no representation or warranty that the information provided is accurate.

To access the Platform, you must be of legal age in your jurisdiction and have the requisite power and authority to enter into these Terms and Conditions.

In order to use the Platform, you may be required to provide information about yourself including your name, e-mail address, and other personal information. You agree that any registration information you provide to Ortho MX will always be accurate, correct, and up to date. You will only be allowed to provide your own personal information, and not the information of others.

You may use the Platform for lawful purposes only. You will not post on the Platform anything that is false, defamatory, misrepresenting, or would interfere with or restrict any other user from using the Platform. This includes, but is not limited to, posting anything unlawful, obscene, libelous, indecent, invasive of privacy, or anything that would cause the potential for civil liability or criminal charges.

Failure to comply with the Terms and Conditions listed here may cause you to be removed from the Platform and/or for legal action to be taken by or on behalf of Ortho MX.

SAFEGUARD YOUR USERNAME/PASSWORD

You are responsible for any actions that take place while using your Platform account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Platform. Ortho MX is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.

INTELLECTUAL PROPERTY

All intellectual property on the Platform (except for User Material, as defined below) (the “Intellectual Property”) is owned by Ortho MX or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks and trade names (e.g. InStride) are owned, registered, or licensed by Ortho MX. All content on the Platform (except User Material, as defined below), including but not limited to, text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, and all other content (the “Content”) is property of Ortho MX and is protected under copyright and other applicable Canadian and foreign laws.

You may not use in any format whatsoever any of the Platform Content or the Intellectual Property, in whole or in part without Ortho MX’s prior written consent or as provided in these Terms and Conditions. Any use of the Content and Intellectual Property not expressly permitted in these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright and other laws. Any copyright or other legal infringement may result in legal action taken on behalf of Ortho MX.

Unless expressly provided otherwise by Ortho MX, all comments, feedback, information or materials submitted to Ortho MX through or in association with the Platform (“User Material”) will be considered non-confidential and Ortho MX’s property. By submitting such comments, feedback, information, or materials to Ortho MX, you agree to a no-charge assignment to Ortho MX of all worldwide rights, title and interest in copyrights and other intellectual property rights to the comments, feedback, information, or materials. Ortho MX will be free to use, copy, or distribute such comments, feedback, information, or materials on an unrestricted basis without accounting to you.

Ortho MX authorizes you to view, print, copy, and distribute materials on the Platform provided that:

• a. the information is used internally by you only for informational, non-commercial purposes,
• b. no fee may be charged for distribution of any information to any third party, and
• c. any and all copyright or other proprietary notices that appear herein together with these Terms and Conditions, must appear on any copies that you make.

PHYSICAL ACTIVITY NOTICE

The Platform may include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. OrthoMX is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of this Platform.

NO MEDICAL OR HEALTH CARE ADVICE PROVIDED

Ortho MX does not provide medical or health care advice on the Platform. The content on the Platform is not a substitute for professional medical advice, diagnosis or treatment. CONSULT YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER FOR ADVICE REGARDING ANY MEDICAL CONDITION. DO NOT ATTEMPT TO SELF-DIAGNOSE OR TREAT ANY MEDICAL CONDITION BASED ON ANYTHING CONTAINED ON THE PLATFORM. Ortho MX can neither endorse nor recommend products, and information provided on the Platform is of a general nature for educational and informational purposes only. Reliance on any information provided by Ortho MX through the Platform is at your own risk. Ortho MX has not independently evaluated the safety or efficacy of any product offered by its suppliers. Statements made on the Platform may not have been evaluated by Health Canada. If you think you may have a medical emergency call 911 or your local emergency number immediately.

MOBILE SERVICES

The Platform contains services and features that are available to certain mobile Devices. Your carrier’s normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using Ortho MX’s Platform, you agree that Ortho MX may communicate with you by electronic means to your mobile Device and that certain information about your use of the Platform may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don’t send your messages to a different person.

PRIVACY

Our Privacy Policy, which is incorporated into these Terms and Conditions by this reference, further describe the collection and use of information on this Platform.

DISCLAIMER

Any product, process, or technology published on the Platform may be the subject of intellectual property rights reserved by Ortho MX, its subsidiaries, or licensors, and are not licensed under these Terms and Conditions.

All information provided via the Platform (the “Information”) is intended for informational purposes only and is subject to change or withdrawal by Ortho MX at any time without notice. Ortho MX assumes no responsibility for the accuracy or completeness of the Information. Ortho MX cannot guarantee and does not promise any specific results from the use of the Platform. Ortho MX does not represent or warrant that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that this Platform or the server that makes the Platform available are free of viruses or anything else harmful. THE INFORMATION IS PROVIDED “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND, INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, CURRENTNESS, OR NON-INFRINGEMENT. ORTHO MX FURTHER DISCLAIMS ANY LIABILITY IN CONNECTION WITH THE PLATFORM OR THE INFORMATION PROVIDED THEREIN. Ortho MX does not make any warranties or representations regarding the use of the Information in terms of its correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain the Information at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Platform, loss of data or other harm of any kind that may result. Ortho MX reserves the right to change any and all Information and other items used or contained in the Platform at any time without notice. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

LIMITATION OF LIABILITY

IN NO EVENT WILL ORTHO MX BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE PLATFORM, THE INFORMATION, OR ON ANY OTHER HYERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERUPPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF ORTHO MX IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Ortho MX assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with your use of the Platform. You assume total responsibility for your use of the Platform. Your only remedy against Ortho MX for use of the Platform or any content is to stop using the Platform. That said, if Ortho MX is liable to you for any damage or loss that is in any way connected with your use of this Platform or any Content, Ortho MX’s liability will not exceed $100.00CND. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

THIRD PARTIES

The Platform may contain links to third party websites and resources. You acknowledge and agree that Ortho MX is not responsible or liable for the information or services of these third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Ortho MX. Unless otherwise stated, these Terms and Conditions only cover the use of the Platform. Any other link will be covered by the terms and conditions of that specific site. You acknowledge and accept that Ortho MX is not responsible for the terms or practices of third parties. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

INDEMNIFICATION

You shall indemnify and hold Ortho MX harmless from and against any and all claims, actions or demands, liabilities and settlements, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, resulting from your violation of these Terms and Conditions, or any use by you of the Platform. You shall bear the sole financial burden in connection with any such defense, including, without limitation, providing us with such information, documentation and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent from Ortho MX.

TERMINATION

Ortho MX reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Material, and restrict your use of all or any part of the Platform for any or no reason, without notice, and without liability to you or anyone else. Ortho MX also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the Platform. Your understand and agree that some of your User Material may continue to appear on the Platform or on other platforms even after your User Material is removed or your account terminated. These Terms and Conditions remain in effect even after your account is terminated. The Terms and Conditions relating to Intellectual Property, Indemnification, Disclaimer, Limitation of Liability, Miscellaneous, and terms that by their nature may survive termination will survive any termination of these Terms and Conditions.

GOVERNING LAW; MEDIATION; VENUE

These Terms and Conditions will be construed in accordance with, and governed by, the laws of the Province of Newfoundland and Labrador, and of Canada, exclusive of choice of law rules. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms and Conditions first by good faith negotiation. The exclusive venue for any arbitration or court proceeding based on or arising out of these Terms and Conditions shall be Halifax, Nova Scotia, and any such decision or award shall be binding on the Parties. The prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

MISCELLANEOUS

Should any provision of these Terms and Conditions be or become invalid, illegal, or unenforceable under applicable law, the other provisions shall not be affected and shall remain in full force and effect.

These Terms and Conditions bind and enure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable; any transfer, assignment or delegation by you is invalid.

These Terms and Conditions bind and enure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable; any transfer, assignment or delegation by you is invalid.

These Terms and Conditions constitute the entire agreement between the parties with respect to their relationship and supersede any and all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. No waiver of any of the provisions shall bind either party unless set forth in writing specifying such waiver, consent or amendment signed by both parties.

The headings of these Terms and Conditions are provided for convenience only and shall not affect its construction or interpretation.

By accessing or using the Platform, you agree to these Terms and Conditions, without modification, and acknowledge reading them. We reserve the right to change these Terms and Conditions or to impose new conditions on use of the Platform, from time to time, in which case we will post the revised Terms and Conditions on the Platform. By continuing to use the Platform after we post any such changes, you accept the new Terms and Conditions with the modifications

© Ortho MX Technologies Inc. 2013. All rights reserved.

This privacy policy (the “Privacy Policy”) describes how Ortho MX Technologies Inc. (“Ortho MX”) collects and uses your information through a variety of digital means. BY ACCESSING OR USING THE INSTRIDE WEBSITE OR MOBILE APPLICATION (the “Platform”), on any phone, tablet, console, or other device (collectively “Device”), YOU ARE CONSENTING TO THIS PRIVACY POLICY.

Ortho MX may modify this Privacy Policy at any time effective upon its posting on the Platform. Your continued use of the Platform and any other Ortho MX service constitutes your acceptance to this Privacy Policy and any updates. This Privacy Policy is incorporated into and is subject to the Terms and Conditions.

While this Privacy Policy is intended to generally describe our privacy practices, our goal is to also provide more detailed information at times when it’s most meaningful to you. Please look for these notices within the Platform.

COLLECTING INFORMATION

What you give us

We collect information you give us or permit us to access. Information may include, but is not limited to, your name, and e-mail, and when necessary, credit card information.

What we collect from you

We may automatically collect information regarding your interaction with, and use of, the Platform as well as your walking pattern parameters, your baseline walking pattern and triaxial accelerometer data. Other information we may collect includes, but is not limited to your Device Identifier and hardware information, IP address and language, cookie information, and system type.

Minor’s privacy

We do not knowingly collect or solicit personal information from people under the legal age in their jurisdiction.

USING INFORMATION

We may use your information to do the following:

Enable your use

• Enhance, customize, and personalize your Platform experience and Ortho MX’s communications

Operate, Improve, and Analyze

• Operate, provide, improve and maintain Ortho MX’s products and services, including analyzing user behaviour and trends
• Send you administrative messages and other information about InStride.
• Communicate with you about your purchase, account information or customer service

Operate, Improve, and Analyze

• Communicate with you about Ortho MX’s products, services.
• Administer surveys, or other features.

SHARING INFORMATION

Authorized Clinicians

You have the opportunity to designate authorized clinicians to view your information through the Platform. An authorized clinician will also have the ability to download your individual, non-personally identifiable accelerometer data, which may be shared with third parties for research purposes. You have the ability to revoke a clinician’s authorization to view your data at anytime. However, an authorized clinician’s ability to view and use any downloaded, non-personally identifiable accelerometer data will not be revoked.

Service Providers & Third Parties

We may transfer the information you give us to service providers and third parties to conduct our business and for research purposes. For example, service providers and third parties may handle credit card processing, shipping, data management, e-mail distribution, market research, information analysis, and promotions management.

By Law or to Protect Rights

We may disclose information upon governmental request, in response to a court order, when required by law, to enforce our policies, or to protect our own or others’ rights, property or safety. We may share information to prevent illegal uses of Ortho MX’s products and services or violations of the Terms and Conditions, or to defend ourselves against third-party claims. We may also share information with companies assisting in fraud protection or investigation.

Business Transfers

Your information may be transferred to a third party as a part of our business assets in a sale of a part or all of Ortho MX. If this should happen, notice will be provided by posting to the Platform or other form of communication.

Location of and Protecting Information

All information you provide to us through the Platform is stored on our secure servers in Montreal, Canada. Any payment transactions will be encrypted using SSL technology. All payment information is stored with our payment processor and is never stored on Ortho MX’s servers. Where we have given you (or you have chosen) a password that enables you to access certain parts of the Platform, you are responsible for keeping the password confidential. We ask you not to share a password with anyone, and suggest that you change your password frequently.

No Guarantee of Confidentiality

Unfortunately, like other companies, Ortho MX cannot guarantee 100% the security or confidentiality of the information your provide us. However, once we have received your information we will use strict procedures and security features to try and prevent unauthorized access.

Accessing Information

You may access your information at any time via your online account, or by e-mailing admin@instrideweb.com.

CHOICES

Modifying or Deleting your Information

You can modify or delete your profile through your account. Ortho MX may keep information and content in our backup files and archives.

Communication/Unsubscribe/Opt-out

Regardless of the setting you select, Ortho MX may send you service-related communications. To unsubscribe and stop receiving messages, please change your settings or follow the instructions in the e-mail, text message, notification or other message type. If you have unsubscribed from any Ortho MX communication, due to production schedules, you may receive communications already in production.

INTERNATIONAL USERS

Our digital operations are conducted, in whole or in part, in Canada. Regardless of where you live, you consent to have your personal data transferred, processed and stored in Canada, and allow Ortho MX to use and collect your personal information in accordance with this Privacy Policy.

TERMS OF CONDITIONS

Your use of the Platform, and any disputes arising from them, is subject to this Privacy Policy as well as our Terms and Conditions. Please visit our Terms and Conditions, which explains other terms governing the use of the Platform.

For questions or concerns, please contact admin@instrideweb.com.

BY POSTING ON ANY ORTHO MX TECHNOLOGIES INC. (“Ortho MX”) SOCIAL MEDIA SITE, YOU AGREE TO THESE TERMS:

General Disclaimer of Liability: The material posted on any Ortho MX social media site is for informational purposes only. Ortho MX is not responsible for material posted to any of its social media sites and does not guarantee the content, accuracy, or use of the content of its social media sites. Ortho MX does not in any way endorse or recommend individuals, products or services that may be discussed on any of Ortho MX’s social media sites. Ortho MX specifically disclaims all liability for claims or damages that may result from any posting on any Ortho MX social media site. Ortho MX accepts no responsibility for opinions and information posted any of its social media sites, and such opinions do not necessarily reflect the policies of Ortho MX. In no event shall Ortho MX be liable to you or anyone else for any decision made or action taken by you in reliance on information on any Ortho MX social media site.

Terms of Use: Ortho MX’s social media sites are places where we encourage interaction and discussion between anyone interested in Ortho MX and its products and services. By accessing, viewing, and/or posting any content to any Ortho MX social media site on the internet, you accept, without limitation or qualification, these terms of use (the “Terms”), as well as any other terms of use required by the company that owns and operates the underlying social media site (e.g. any terms of use required by Facebook, Twitter, etc.).

If you do not agree to these Terms, you may not view or post any content to any Ortho MX social media site on the internet. Your use of any Ortho MX social media site is acceptance of these Terms and has the same effect as if you had actually physically signed an agreement. If you have any questions or concerns, feel free to contact us at: admin@instrideweb.com.

We ask that you are respectful in your comments, postings, and use of any Ortho MX social media site. We reserve the right to remove anything we deem:

• Abusive or personal attacks
• Material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other entity
• Third party advertising
• Chain letters or “spam”

We also reserve the right to terminate involvement by users who post such content.

For your safety, never include your phone number, e-mail, address, or other personal information in a post. Your comments are visible to all.