Conditions service jpa Kardia
Website located on (the site) alivecor.com belongs to, inc. (" Alivecor
Alivecor, " " we " or " us ").
Alivecor as follows, you the right to use the site, gives our software applications, including, for example, but not exhaustive (" software " or " Kardia collectively ") and the services provided through a website or software (collectively, the " "), in the service terms and conditions of use (" conditions of service ") set out below.
" You, " or " user " refers to the person who visit the site.
Read these conditions of service.
By clicking on " accept " or user through access to service agree to be bound by the terms of the service.
Unless wishes to be bound by these conditions of service, the user should not access or use the service.
Accepting these conditions or using the service, the user acknowledges having read, understood and consented to be bound by the following terms and conditions, including the privacy policy.
Collectively, the " conditions ').
If the user is unfit, or does not accept the conditions, is not allowed to use the service.
The service is available to users in the united states of america (usa KARDIA), australia, aruba, canada, france, germany, hong kong, india, ireland, italy, the netherlands, spain, jamaica, trinidad and tobago, united kingdom.
Service has the sole purpose of record, store and display (ecg) data transmitting electrocardiograms.
User service is responsible for data ecg recorded and stored in the service.
Service is not designed to diagnose cardiac or warn the patients or health professionals automatically cardiac arrhythmias or cardiovascular or abnormal potentially serious.
Service is not intended for continuous monitoring and we do not ensure a response from any doctor to postings or medical events reported through the service.
Although ALIVECOR can allow the use of a service optional interpretation of ecg or the user to connect account nurse through the service, not review, monitors, pro KARDIA currency or analyses information automatically generated by the service.
User has a responsibility to the medical data your doctor for the analysis and the correct diagnosis.
If there is in a jurisdiction which prohibits the use of arbitration for the settlement of disputes, these conditions require that all the disputes between the user and will be settled by arbitration binding. Alivecor
User agreed to waive its right to go to court to enforce or defend their rights under this contract, except for those matters which may be brought before a court of peace.
Rights user will be determined by a neutral arbitrator and not by a court or a jury and the demands of the user may not have the form of class actions.
See article 24 (" dispute resolution and arbitration) for details relating to the acceptance by the user, arbitration of disputes with Alivecor.
Use of the service.
Service is exclusively to load, view, share with your doctor and use data on the user, as made available by the service.
Are not allowed into or use the service for any other purpose.
You can use the service, including all data presented user on service or the service or hosted or stored by the user only account for Alivecor user and licit purposes and appropriate and subject to full compliance with these conditions and other guidelines and policies applicable to service, which may be published from time to time. Alivecor
Fitness.
To use the service should be at least 18 years of age.
Accepting these conditions, the user represents and warrants to us that: (a) took the 18 years of age; (b) has not been previously suspended or removed from service and (c) the registration and use of the service shall comply with all the laws and regulations applicable in its jurisdiction.
Using service on behalf of an entity, organization or company, the user represents and warrants to have the necessary authority to constrain the organisation to these conditions and agree to be bound by the present conditions on behalf of that organisation.
Account and registration.
Most functionality for service, we must create an account.
When carrying out the registration of an account, the user may be required to provide personal information as the name, address, e-mail password, sex, height or the date of birth.
User may choose to provide us with further information.
User accepts that the information provided should be accurate, and keep them always accurate and up-to-date.
On registration, is required to specify a password.
User shall have sole responsibility to maintain confidentiality of accounts and passwords and it accepts the responsibility for all activities that are carried out with your account.
If the user has reason to believe that the account is not safe, it shall immediately communicate to the e-mail address support @ alivecor.com.
Account may fall automatically after a period of inactivity (12) exceeding 12 consecutive months.
Payment.
Access service or to certain functionality of service can be free.
Before pay any amount, the user can revise and confirm the amount to be charged.
All amounts are non-repayable as much as permissible in accordance with applicable law.
If Alivecor adjusting the amounts relating to the service, including the addition of costs or additional expenditure will on notice.
If the user does not accept the expenditure can interrupt the provision of the service. Alivecor
Alivecor addebiterà amounts according to the method specified at the time of purchase.
User allows to charge the amounts given in all Alivecor these conditions for the selected service, according to this method of payment.
If the user pays any amount with a credit card, may request the account Alivecor pre-authorisation on the credit card before purchasing, in order to verify that the credit card is valid and has the necessary funds to cover the purchase.
Service may include function for activation, updating or cancelling payments for recurrent debits periodicals.
If fires or update recurring payments through the service, should be authorised to charge until Alivecor periodically the cancellation of such payments account, all the sums recurring or acquired the expiry date of the payment of the sums due, or above.
Using service to update or cancel a one-off payment or recurrent authorised existing such updates or cancellation could take several days to have effect.
Alivecor does not meet or financial information as defined in the archive privacy policy.
Licence.
Alivecor owns and manages the service.
The documents and other information available on the content and service (" content of the site ") are protected by copyright and other laws on intellectual property throughout the world.
All copyright notices and other property on any content of the site must be held on any copy produced.
Any reproduction, distribution, public display or edit or any public execution content of the site is strictly prohibited.
Alivecor ei its suppliers reserves all rights not granted under these conditions.
Subject to the restrictions under these conditions, gives the user a licence limited Alivecor non-exclusive, non-transferable not permissible in and to install and operate sublicenza revocable the jpa format object code on devices that has or has control, only to use the services.
Downloading or using the or the user app app:
Acknowledges that the jpa is licensed and not sold and
Acknowledges that could be applied conditions and costs third-party for the use and operation of the mobile device in connection with the use of the app, such as the conditions of his manager services and the costs of telephone services, access to data or the messaging functionality.
User also recognises to be the sole responsibility for the payment of all such expenditure.
Interpretation clinic.
General provisions.
Interpretation Alivecor clinic (the " interpretation clinical ") is a resource third-party in partnership with that allows you to import, display and Alivecor correctly interpret the data.
Interpretation clinical shall notify all the data and results Alivecor makes these results available user Alivecor within the service.
Accepting these conditions, the user agrees to be included with the interpretation, although the use of this clinical service is optional.
User are added costs when and if you use one of the interpretation services clinic.
Alivecor reserves the right to change providers interpretation clinical or stop one or more bids for interpretation clinic.
Report.
The user can use the service to generate report or not using his own data. Alivecor
All reports provided by and from any interpretation clinical Alivecor do not suggest a diagnosis.
Report played is understood as information for the user and is intended to be used as an instrument by the physician to provide a correct diagnosis and treatment, taking into account the history of completely user.
Diagnosis based on data can only be undertaken by your doctor.
User has a responsibility to the medical data your doctor for the analysis and the correct diagnosis.
Records ecg.
The user can get a registration from your device at any time. ecg
Records ecg user are subject to several factors associated with their health and their activities.
Alivecor and suppliers of the interpretation services shall not grant any guarantee the accuracy or clinical on clinical significance of interpretation of the data.
Please note that your doctor may not agree with the interpretation of the data.
User decides to use one of the interpretation services, we share its clinical information after having received authorisation through the service.
Restrictions.
Dates limitations related to, the local jurisdiction could limit the telemedicine capacity for interpretation clinic.
Since user using a mobile device for data collection, has a responsibility to ensure that the interpretation is legal under the law on clinical telemedicine local.
Service monitoring custom.
Alivecor may in certain circumstances, provide the user or actions based on the analysis recommended notifications of historical data and other information Alivecor provided for, such as " drugs ', " Alivecor symptoms " or " assets. "
Alivecor e.g. user may suggest sending their data to interpretation periodically clinic for ongoing monitoring of heart health.
Such notifications or actions, or the lack thereof, suggested are not an indication of the health, nor seek to replace user your doctor's advice.
User has a responsibility to present their own data and your doctor decide with the latter course of action optimal based on its history.
Alivecor is also planning service, for example through the reminder remember to take medicines.
Alivecor had no comment about the accuracy, reliability, completeness and timeliness of any notifications, since some parts of the push process are outside the control of Alivecor.
User accepts their reliance on such reminder at their own risk and shall exclude any liability arising from their use Alivecor.
User accepts that may send notifications in its push Alivecor mobile device for purposes related to service or for marketing purposes, if enabled and in accordance with the privacy policy.
Deactivate notifications by the user can push settings device.
Declarations and guarantees of the user.
Kardia Kardia and users, and negotiate with pro state guarantee to be resident in the united states, Alivecor anguilla, australia, aruba, austria, bahrain, belgium, canada, chile, france, germany, hungary, ireland, hong kong, india, israel, italy, jamaica, kuwait, luxembourg, malt, netherlands, new zealand, norway, pakistan, qatar, oman poland spain, switzerland, trinidad and tobago united kingdom or the united arab emirates.
User declares guarantees and negotiate with the following: (1) which Alivecor these conditions were signed by the user and are a valid and binding contract with the user, applicable under their conditions; (2) when using the service on behalf of another entity, to be an authorised representative of the entity and to have the authority and agree to constrain the entity to these conditions; (3) not to access or use the service except as expressly permitted by these conditions and any additional information, guidelines or political published by, including those published in service; Alivecor (4) to access and use the service in full respect of existing legislation and (5) that all information, data and other materials provided by the user in support of the registration of the account is accurate and true in all aspects.
Content of the user
General content of the user.
Features service may allow the user to their healthcare provider or to other users to upload contained in the service, including messages, images, data, text position information and other types of information (" content ") and user to publish the content of the user in the service.
User retains copyright, including any moral rights and any other ownership interest, the user can hold in user who sends serving; as long as, if you choose to connect to your account service for or to information systems offered by Kardia precisely, the data provided to your healthcare professional healthcare professional could become part of your health and that might be archive copy properties and / or controlled by just under the law applicable healthcare professional.
Licensing only Alivecor.
Posting publishing content user or user grants to the rights and a licence, perpetuates Alivecor irrevocable, world exclusive royalty-free, not paid in full, transferable (with right to concession in) to use, host, store sublicenza, transfer, view, run, play, edit, to create and distribute derivative works the content of the user, wholly or in part, for any purpose in accordance with our privacy policy in any format and by any channel currently known or developed in the future.
Can also create images and data anonymous by the user, such data and images content will no longer be part of the contents of the user.
User irrevocably and ever any waiver with regard to content law which may have altered or user in a manner which can be manipulated user questionable.
Alivecor reserves the right to refuse to accept, publish, display or content of the user to its exclusive transmit any discretion.
Licensing limited to other users.
Sharing publishing or the content of the user with other service users or connecting account to their professional through the service, the user allows these Kardia pro users and / or the health professional a non-exclusive licence for access and use the content of the user as permissible under these conditions and the function of the service.
Declarations and guarantees the content of the user.
User shall have sole responsibility for its content of the user and for the consequences of publication of the notice.
Posting publishing or user content user says, represents and warrants:
Being author and the owner of the content of the user or their licences, rights, authorisations and permissions necessary to authorise and users of the service to use Alivecor and distribute the content of the user as necessary to carry out the licences granted by the user in this article, as covered by, and under these conditions of service Alivecor and
The content of the user and the use of the same, as covered by the present conditions, not: (i) break, or infringe any rights unduly can get hold of third parties, including any copyright, trademarks, patents, trade secrets, moral rights, rights to privacy and rights of advertising, or any other intellectual property right or right of ownership; (ii), slander, or affect the right to denigrate diffamano privacy, advertising or other property rights of any other person; or (iii) involve the violations of laws or regulations by Alivecor.
User agrees to pay all royalties, expenditure and the other payments due to any person because of the content of the user published on or through the service.
Exclusion of responsibility for the content of the user.
We have no obligation to modify or control the content of the user posted or published by users and have no responsibility in relation to the same.
Alivecor may, however, at any time without notice, filter, remove, modify or block any content user which he violates these conditions or honest judgement otherwise questionable.
User acknowledges that when using this service will be exposed to user content from different sources and accepts that the content of the user can be was offensive or obscene questionable.
Insofar maximum permitted by the law applicable, user accepts to forego and renunciation to any legal right or fair or remedy available with regard to content user against Alivecor.
Upon any responsibility in relation to the content of the expressly user as much as permitted by the law applicable.
Where came informed by a user or owner of content that content user may not comply with these conditions, we could investigate in relation to the accusation and decide, with our sole discretion, to remove the content of the user, a right which we will exercise at any time and without notice.
Procedure for user illegal content
If expected content user does not comply with these conditions, please contact us.
Respect the provisions of the digital millennium copyright act (dmca " ") applicable to our operations (17 u.s.c. § and subsequent amendments) 512.
Where complaints related to intellectual property rights in relation to material published on service, you can contact our agent devoted to the following address:
Alivecor, inc.
Attn: legal department (copyright notification)
444 castro street, suite 600
Mountain view, ca 94041
United states of america
650-396-8650
E-mail: copyright @ alivecor.com
Please note that under the applicable law, provide knowingly false, misleading or inaccurate information concerning the violation of the content of the user may involve civil or criminal sanctions.
All communications under the digital millennium copyright act (dmca) " " about the fact that materials hosted by being distributed through the service or violate the intellectual property rights must include all the information required by the dmca for such warnings.
Repeated breaches.
Alivecor suspend immediately and without notice user accounts that have committed repeated infringements " " considers Alivecor.
A user commits a repeated violation if was informed activities violations or if its content of user was removed from service at least three times.
Conduct not allowed.
Using the service user agrees not to:
Use or access service (a) from one jurisdiction where such use or access is not permitted, (b) for illegal purposes or (c), in violation of any local law, state, national or international.
Engage can be harmful to others or which can damage the reputation of Alivecor;
Breach and encourage people to violate any third party's right, including through the violation or the misappropriation of intellectual property rights of third parties or disclose personal information about another person;
Publish load or distribute link or marketing or advertising content, or any content of the user or other illegal content,,, or inaccurate diffamatori calunniosi a reasonable man may wish be questionable, pornographic, indecent, lay people, miners, embarrassing, disturbance or otherwise inappropriate astiosi;
Use scraper, robot or other devices for collecting data on or through the service, or produce or otherwise provide the service to third parties without the permission of Alivecor;
Function interfere with the security service, including: (a) or circumventing the characteristics which prevent or inactivating restricting the use or a copy of any content; or (b) by reverse engineering, or otherwise trying to discover decompilando the source code for any part of the service, including the app, if not to the extent that such activity is expressly permitted by the law applicable despite this limitation;
Interfere with the operation of the service or the use of the same by any user, including: (a) loading or otherwise spreading viruses, spyware, adware, worm or other code malignant; (b) any application or tender is proposing to another advertising service user; (c) trying to collect personal information, including, for example, data or other information relating to health ecg another user or to third parties without their consent; or (d) or causing the interruption of any network manomettendo, equipment or server connected or used to provide the service, or violating any regulatory, political or procedure this network, equipment or server;
Lead fraudulent activities, including impersonate a person or entity to false, access service or any other affiliations account without authorisation or the information provided for the recording of the fake account;
Translate amend or create works, or collections, or derived adjustments based on the service or part of it, or use, copy or play service or part thereof unlike expressly allowed under these conditions;
Yield, to grant, sell, leasing, sublicenza grant an interest in safety or otherwise transfer access granted under these conditions or any material (as defined in article 15) or any right or opportunity to display, access or use any material or
Try making a actions described in the article, or help or allowing a person to carry out one of the actions described in article 10.
Third-party services and websites related.
The site may contain links to other websites operated by third parties.
These websites of third are not under the control of and we are not responsible for the content Alivecor any website third parties and any link contained in a website third.
Alivecor provides these links only for convenience and not review, adopted, monitors, endorses, or any statement in relation to guarantees delivers websites third.
Alivecor can provide tools for export information through the service, including, for example, data and content of the user, for ecg applications or services to third parties such as google or apple health, or import fit information to such third-party applications or services, including through function for your account link with accounts of a service of Alivecor third parties.
Using one of these instruments user declares warrants and accepts that such transfers are permitted by the law applicable and that the user is entitled to, and which we can on your behalf, transfer such information from or to the service third-party applicable in accordance with the privacy policy.
Services third parties are not under our control and we are not responsible for any use of information by the services of third parties exported.
If fires characteristics of service which are designed to import information from these services third-party, should be authorised and is granted to a licence to use irrevocable and perpetual Alivecor such information and representations to third parties, imported as their healthcare professional, in accordance with our privacy policy and legislation applicable.
Service may also contain links to sites of third parties.
Websites linked are not under our control and we are not responsible for their content.
Termination of the use; suspension and modification of the service.
The user can remove your account at any time in accordance with the procedures set out on the website or by contacting the customer service at Alivecor support @ alivecor.com.
User violates if provision in these conditions, the authorisation for us to use the service will automatically end.
Alivecor also can suspend the user account sole discretion for the service or suspend or stop access to the service at any time if it violates a provision of these conditions, if we do not provide more any part of the services or for any other reason, with or without notice.
We will also have the right to alter or stop the service at any time (as limiting or interrupting the service), some features temporarily or permanently, without giving prior notice to user.
As much as permitted by the law applicable, we do not assume any responsibility in relation to any change in the service or any suspension or interruption of access or use of the service by the user, provided that if ceases to provide the service and cut Alivecor accordingly access to the service by the user, the latter will be entitled to a refund of amounts paid in advance for proportional using the service. Alivecor
When closure of the accounts of the user or the dissolution of this agreement for any reason, may at its discretion to delete all the Alivecor data associated with the account of the user.
Privacy policy; additional conditions
Privacy policy.
Read carefully the privacy policy of privacy policy ") (" Alivecor for all information related to our collection, storage, use and disclosure of personal information.
The privacy policy of embedded in these conditions through this is Alivecor reference and is made an integral part.
User consents to the collection, use hosting, dissemination and other types of treatment or processing of their personal data (including data sharing with suppliers third), as described in the privacy policy.
Additional conditions.
Use service from the user is subject to any conditions, policies, rules or the guidelines applicable to the additional service or to certain characteristics of the service we can publish or we can postpone by the service (" additional conditions '), as the licensing agreements with the end-user for all applications software, or rules that are downloadable applicable to a particular function or content of the service, in accordance with article.
All additional conditions are embedded in these conditions through this reference and i made an integral part.
Amendments to these conditions.
We reserve the right to our discretion to amend these conditions at any time.
Please check these conditions on a regular basis.
If an amendment to these conditions change substantially rights or obligations of the user (" "), announce material changes the amended conditions at via e-mail provided in user profile.
Changes materials will enter into force after their acceptance by the user.
The non-substantial amendments shall enter into force at the time of publication.
Disputes arising from these conditions will be settled in accordance with version of these conditions which was in force when the dispute.
The sole and exclusive remedy available to the user in case of disagreement with any changes to these conditions is to delete the account.
The consumer can not amend or modify these conditions under any circumstances.
; Property ownership.
Service is owned and operated by Alivecor.
Interfaces visual, graphics, design, compilation, information, data, the computer code (including the source code or object code), products, software, services and all the other elements of the service (equipment ') provided by are protected by the laws on intellectual property Alivecor and other laws.
All materials included in service are owned by or our third. Alivecor licenzianti
Can not be used materials unlike expressly authorised by. Alivecor
Alivecor reserves all rights on materials not granted in these conditions explicitly.
Subcontractors.
User referred allows the by engagement, third parties (including Alivecor affiliated to) to perform or support the execution Alivecor service and the website, such as the service Alivecor interpretation clinical in its entirety or bias.
Comments.
Whenever provide opinions and suggestions relating to problems of service or proposals or improvements in the same, " comments '), is granted to unrestricted right, perpetual, irrevocable Alivecor non-exclusive entirely paid, and to exploit the comments in any way royalty-free and for any purpose, also to improve the service and create other products and services.
Allowances.
Insofar maximum permitted by the law applicable, the user is responsible for using the service, and compensate, and, if required by Alivecor manleva and its officials, defends Alivecor directors, employees, consultants, affiliated branches and staff (collectively, the " entity ") from and against any claim Alivecor, responsibility, damage and loss, including the reasonable costs and expenditure legal costs, arising from, or in any way related to: (a) access, use or the alleged use of service; (b) the violation of any part of the present circumstances, any statement, guarantee or agreement on referred to in these conditions, or of any law or regulation applicable; (c) the infringement of any right of third parties, including the intellectual property right or advertising, confidentiality or other property rights or privacy; (d) any dispute or questions that arise between the user and third parties; and (c) all claims arising from or relating to fraud,
Insofar maximum permitted by the law applicable, we reserve the right, at our expense, to take the protection and control of any matter exclusive otherwise subject to compensation by the user (without limit the obligations in relation to that compensation covered) and, in this case, the user agrees to cooperate in our defence of this claim.
Exemption from liability; no guarantees
Service and all materials and the content available through the service is provided as " are " and " come available " without guarantees or conditions of any kind, explicit or implicit.
Entities ALIVECOR exclude all the guarantees of any kind, explicit or implicit, relating to the service, all materials and content available through the service and any software or hardware or associated with the service, used or the availability of the above, including: (a) any implied warranty of merchantability, fitness for a particular purpose, title, pacific violation of rights of third parties or not enjoyment; (b) any guarantee based on customs and trade (c) any guarantee that the data ecg or other information available on service or transmitted by the same is true, complete and accurate.
User recognised and accepted specifically that are not responsible for any decision ALIVECOR health or related user or your healthcare professional taken on the basis of data collected, transmitted or displayed by or on the service, regardless of the accuracy of such data.
Entities ALIVECOR do not ensure that the service or any part of it, or any material or content offered through the service will be without interruption, safe or free of errors, virus or other components harmful and do not guarantee that these problems will be corrected.
No council or information, both oral, written obtained from user through the service or any material or content available through the service no guarantee in relation to any entity will or in the service, not explicitly indicated Alivecor in these conditions.
User takes all the risks for any damage that may result from use or the access to the service, by interaction with any other service user or the materials and the content available through the service.
User recognised and accepted to use the service and use, access download or otherwise materials that or content through the service and any other site or service partner at their own discretion and risk, and to be the sole responsibility for any damage to their property (including his own computer or mobile device used in relation to the service), or for the loss of data resulting from the use of the service or by download and use of such material or content.
The previous paragraphs apply as much as permitted by the law applicable.
Some jurisdictions may prohibit the exclusion of guarantees, in particular the exclusion of guarantees laid down by law or implicit, such as guarantees legal conformity for products offered to consumers in the eu, and may include other rights which vary according to the court.
Limitation of liability
Entities ALIVECOR under no circumstances will be responsible for direct damage, indirect incidental, special or punitive (including damage to CONSEQUENZIALI loss of profits, start-up, or any other loss intangible) arising from regarding access or use or or the inability to access or use a service or any material or service content, according to guarantee contract (including the negligence), illicit civil law or any other legal theory, although the scale has been informed of the possibility of ALIVECOR damage.
To avoid any misunderstandings, damage excluding also include, for example, loss of savings or revenues, loss of profit, loss of use, loss of life or health claims to third parties and any cost any equipment or alternative service.
Prejudice 241.e in article, if does not exclude any responsibility for all ALIVECOR legally damage mentioned, overall responsibility for all entities ALIVECOR arising from or complaints relating to the use or the inability to use any part of the service or otherwise under these conditions, the contractual liability, or other non-contractual is limited to the higher figure between the amount paid to use the service or $ 100, as much as permitted by the law applicable.
Some jurisdictions do not allow the exclusion or the limitation of liability for damage caused or accidental, if such restrictions are applied to the user to the extent permitted in that jurisdiction.
Also, there is nothing in these conditions limit or exclude any liability that can not be limited or excluded by law as the responsibility for the intentional breach of these conditions.
Nothing in these conditions affects the legal rights user as a consumer.
Each provision of these conditions involving a limitation of liability, excluding guarantees, or exclusion of damage and allocating risks between the parties is under these conditions.
This division is an essential element of the basis of the agreement between the parties.
Each of these provisions is separable and independent of all other provisions of these conditions.
Restrictions provided for in this article 20 shall also apply where any remedy does not reach the its main purpose limited.
Force majeure.
Alivecor benefits will be exempt pursuant to these conditions for a period, where she is or delays in the implementation of any obligation impediments under these conditions, in whole or in part, as a result of an event of force majeure.
Insofar maximum permitted by the law applicable, for the purposes of this article, an " event of force majeure ' means an event or a series of events caused by or derived from one of the following reasons: (1) weather conditions or other elements of nature or acts of god; (2) acts of war, terrorism, upheavals, riot, civil disturbances or rebellion; (3), (4) or quarantine embargo workers strikes; (5) inactivity telecommunications networks, computers, servers or internet; (6) unauthorised access to the computer systems of third party; or (Alivecor 7) other causes beyond the reasonable control of Alivecor.
Applicable law and competent courts.
As much as permitted by the law applicable, these conditions are governed by the laws of the state of california, whatever the rules or the principles conflict of laws.
If proceedings or proceedings in court is permissible under these conditions, the user and accept subjecting themselves jurisdiction and personal Alivecor exclusive of state and federal courts located within the county of santa clara, california, with a view to resolve the differences.
If the user is a consumer who is in the eu, the jurisdiction of the courts santa clara county will be non-exclusive.
We work service with our offices in the united states, and we do not ensure that material included in service are appropriate and available for use in other places.
General provisions.
These conditions, together with the privacy policy and other agreements as a reference in themselves, are expressly incorporated into the agreement and the agreement between the user and exclusive in connection with the use of the service. Alivecor
Except as expressly provided for above, these conditions may only be made in writing by an agreement signed by the representatives of all parties authorised of these conditions.
User may not assign or transfer these conditions or their rights under these conditions, in whole or in part, as a result of law or by other means, without our prior written consent, which may be granted or denied to the sole discretion of Alivecor.
Any attempt to transfer from the user without consent will be null and void.
We give these conditions at any time without notice, as much as or consent permissible in accordance with applicable law.
'S failure to require performance of any provisions will not affect our right to request the performance at any other time following nor decreases on our part to any breach or failure of these conditions, nor any other provision of these conditions is a renunciation of any subsequent infringement or infringement or abandonment of the clause itself.
Use headers in these conditions is pure order has no effect on the comfort and interpretation of the provisions.
If either of these conditions is considered invalid or not applicable to the part not applicable will be given effect as far as possible, while the remaining parts have full force and effect.
On termination of these conditions, they'll live articles 12, 13, 8-10, 18, 19 and 21- 25, together with the privacy policy and the other agreements.
Dispute resolution and arbitration
Read this section because requires some disputes and complaints with us and ARBITARE limits the way in which the user has the right to make demands on us.
General provisions.
Insofar maximum permitted by the law applicable and in the interest of the resolution of disputes between the user and the most effective and convenient Alivecor user and Alivecor agree that any dispute that may arise in relation to these conditions will be solved through binding arbitration, unless the user is not a consumer is in a jurisdiction prohibiting the exclusive use of arbitration for the settlement of disputes.
Arbitration is less formal a court case.
Arbitration uses a neutral referee, rather than a judge or a jury, and may authorise a discovery smaller than a court, and may be subject to a very limited review by the courts.
Arbitrators may allocate the same damages and remedies of a court judge.
This arbitration agreement dispute includes all claims arising from or relating to any aspect of these conditions, both under contract, illicit civil law, fraud, false statements or any other legal theory, and regardless of whether the demand rises during or after the termination of these conditions.
User recognised and accepted that, if these conditions, together with waives the right to trial by ALIVECOR jury or to participate in a class action, as much as permitted by the law applicable.
Rejection of the agreement to arbitrate: the user can reject this agreement to arbitrate contacting support @ within 30 days of acceptance of the first alivecor.com these conditions of service and stating that the user (names and include the email address used for registration serving) declines this arbitration agreement.
Exceptions.
Subject to the provisions of article 24, nothing in these conditions will be regarded as valid surrender, or otherwise limiting the right of each party to: (a) lodge an appeal individually in a troubleshooter; (b) pursue action application through a federal, state or local unit, if the action is available; (c) require a measure before a court or (d) ingiuntivo press charges in court to make a claim for violation of intellectual property.
Referee.
Insofar maximum permitted by the law applicable, any dispute between the user and will be resolved under federal Alivecor Arbitration act, and governed by commercial dispute resolution procedures and the supplementary procedures for consumer Disputes (jointly, " rules related ") of the american Arbitration association (aaa), " aaa " as amended by these conditions, and administered by the aaa.
Rules aaa and modules for the compilation are available online, calling the number or www.adr.org aaa 1-800-778-7879. contacting Alivecor
Communication, procedure.
Part wishes to apply for arbitration should first send a written statement on the dispute to another by the united states or federal express mail certified (a signature is required) or only if the other party has not provided a physical address by email (" communication ').
Address Alivecor for sending communications, inc., is Alivecor
444 castro street, suite 600 mountain view, ca usa. 94041
Communication must: (a) describe the nature and scope of the complaint or of the dispute and (b) indicate the specific remedy (" request " wanted).
Parties support activities in good faith to resolve the dispute directly. failure to reach agreement within 30 days of receipt of the notification, the user or may lead to proceedings for Alivecor arbitration.
During arbitration, the amount of payment offered by the user, or from Alivecor shall not be disclosed to the referee only after the final decision and the award, if any, by the latter.
If the dispute is settled by arbitration in favour of the user, the largest amount will correspond to the user Alivecor among: (i) the amount granted by referee, if present; (ii) the latter amount liquidation in writing offered by the resolution of the dispute before the Alivecor arbitration award or (iii) $ 1,000.
Costs.
If starts arbitration in accordance with those conditions, the user to the payment of Alivecor will cost of inquiries, unless the application is more than $ 10,000, in which case the payment of expenditure shall be decided by the rules of aaa.
Any hearing of arbitration will be held at a location to be agreed in santa clara county, california, but if the request is equal to or less than $ 10,000, you can choose if the arbitration shall be conducted: (a) solely on the basis of documents submitted to the referee; (b) by a hearing without appearance; or (c) telephone through a hearing person, as laid down by standards breakthrough in aaa county (or parish) of billing address of the user.
If referee considers that the substance of claims of the user or remedies are contained in the request for a purpose improper (or advanced frivoli as measured according to the standards set by the federal rule of civil procedure 11 (b)), the payment of all expenditure will be governed by the rules of aaa.
Here user agrees to repay all the funds previously granted and Alivecor that are otherwise the obligation to pay the user under the rules of aaa.
Whatever details of arbitration, the referee should issue a reasoned decision sufficient to explain the main results and conclusions underlying the decision and the ruling, where appropriate.
Referee may take decisions and settle any dispute as regards the payment and the reimbursement of costs or expenses at any time during the procedure and at the request of either party within 14 days from the decision of the arbitrator in relation to that issue.
Exclusion of class actions.
Insofar maximum permitted by the law applicable, user and accept that each party should make demands ALIVECOR against each other only in their individual capacity and not as an actor or any member of class in procedure class or representation.
Also unless agreed by both user and Alivecor or otherwise, the referee can not consolidate the demand for more than one person, and can not otherwise preside over any form of procedure or class, as much as representative permitted by the law applicable.
Demands.
Insofar maximum permitted by the law applicable, any action resulting, or relating to these conditions should be related advanced beyond a (1) year after maturation of the cause of action.
This period may not be extended under any circumstances, if not with the written consent of both parties.
With this is to abolish all laws or legal provisions that would alter or extend the time-limit for prescription and no rule or law can extend the limited period mentioned in this section, the greatest extent permitted by the law applicable.
Amendments to this provision of arbitration.
If Alivecor makes any future amendments to this provision for arbitration, other than a change of address communications, the user can Alivecor reject the amendment, by sending a written communication within 30 days of change of address communications; in this case Alivecor account Alivecor user can be immediately interrupted and this provision for arbitration, as into force immediately before the amendments rejected will.
Application.
24g whether article is not applicable or if the whole article 24 is not applicable, the whole article 24 shall be null and void and, in this case, the parties accept that the jurisdiction and place exclusive referred to in article 22 will govern all the shares deriving or related to these conditions.
Notices; consensus electronic communications.
Using service, user agrees to receive certain electronic communications on our part as described in our privacy policy.
Read our privacy policy for more information about our practices relating to electronic communications.
User accepts that any communication, agreements, disclosures, and other communications that we send electronically the user meet all the requirements of communication provided for by law, including those which provide that communications are in written form.
All notifications for the user is deemed to be delivered and Alivecor into force if sent to the e-mail address given by the user during the registration process or when published or made available to the user on the service.
Change the email address provided in connection with the registration for access and use the service, it is necessary in accordance with the procedures established in updated service.
Giving its cell number to us, the user agrees to receive text messages give required for the verification of accounts, notifications messages and other purposes associated with the service.
Although should not be charged a fee for the text messages, its operator would charge, data and other standard costs.
User is responsible for these objections.
Can send and receive text messages via telephone operators or other mobile networks and the level of reliability may change.
We responsible for timeliness or delivery final message, as this is outside our control and it is the responsibility of the operator telephone cell or other networks.
Notwithstanding the above, we will use the number of mobile user in accordance with the privacy policy.
Communication on apple
User recognises that these conditions are concluded solely with and not with apple, and apple Alivecor is not responsible for the jpa and its content.
Apple has no obligation to provide maintenance services and support in relation to the app.
Where app does not comply with the applicable, the user can inform any guarantee apple and apple the purchase price, the user will if paid and, where the maximum permitted by the law applicable, apple has no other guarantee obligation in relation to the app.
Apple is not responsible for the resolution of any demands by the user or third parties in relation to the app or and / or the use of possession by the user, including app: (i) claims on the liability of product; (ii) any other claim on the fact that the jpa does not conform to a legal requirement or regulation applicable; and (iii) the claims arising from laws on consumer protection or something.
Apple is not responsible for the investigation, the defence, liquidation and release all claims third-party that the jpa or the possession and use of the jpa user violates the intellectual property rights of third parties.
During use jpa user agrees to comply with all the conditions applicable to third parties.
Apple subsidiaries and apple are beneficiaries of these conditions and third after acceptance of the payment by the user, apple will have the right (and it believes that the user has accepted) to comply with the conditions to the user as beneficiary third countries.
User represents and warrants that (i) is not in a country subject to embargo by the united states government, or indicated by the government of the united states as a country " sponsor of terrorism '; and (i) does not belong to one of the countries indicated by the government of the usa as prohibited or restricted.
Contact details.
The service is offered by Alivecor, inc.
Contact, you can write to address support @ alivecor.com.
Last revision: [07/01/2019]