The conditions for using applications kardia
Website alivecor.com (" site ") is one of the company, inc. (" Alivecor
Alivecor " or " our company " or " the company '). Alivecor
Alivecor confers the right to use website, user applications, including, inter alia, applications (called " software " or total kardia " applications '), and also of the services provided through the website or software (called together " ") in accordance with certain services Alivecor complying with the conditions the use of services (called " terms and conditions of the use of services " or " conditions ').
" User ' refers to a person in window.
Please read with these conditions.
Clicking on " accept " or access to services, and the conditions for use of this user accepts ALIVECOR services.
If you do not accepts these conditions, should not obtain access to the services or benefit from them. ALIVECOR
By accepting this document or using the services of the user confirms that knows, ALIVECOR understands and accepts the following conditions and provisions, including privacy policy (including called " approach).
If user is not eligible or does not accept these conditions, will not have a law the use of services Alivecor.
Service ALIVECOR is available for users of applications in the united states (us), kardia australia, aruba, canada, france, NIEMCZEGO, hong kong, india, ireland, italy, jamaica, the netherlands, spain, trinidad and tobago, and great britain.
ALIVECOR purpose of the service is only recording, display, maintenance and submission of entries from (" '). data un ELEKTROKARDIOGRAMÓW
Are responsible for the ece recorded and kept for service ALIVECOR.
Service ALIVECOR should not be used for the diagnosis of any events or automatic notification healthcare workers or heart patients with potentially serious illness or cardiac or Naczyniowo-sercowych ARYTMIACH.
Service ALIVECOR does not serve to monitor the state of health.
Our company does not guarantee the response to messages or doctor published events through services ALIVECOR ZARAPORTOWANE.
Although ALIVECOR may provide an opportunity to take advantage of the optional services interpretation ecg or connect the user account with the service provider via medical services pro, does not provide automatic kardia ALIVECOR reviews, evaluations and analyses nor any information generated through monitoring services ALIVECOR.
Duty user is submitting their medical data in order to carry out a proper analysis and your doctor diagnosis.
If the user is not a consumer subject to the jurisdiction, which prohibits the exclusive use of arbitration to settle disputes, pursuant to these conditions, all disputes between the holder and will be settled by binding arbitration. Alivecor
User waives the possibility of judicial redress resulting from this agreement, with the exception of cases dealt with by the courts
Small claims.
User rights, and not a court or independent arbitrator will determine the jury.
Claims furthermore, can not be declared under legal proceedings of class actions.
Arbitration disputes with any information concerning the are provided in section 24 (" Alivecor dispute resolution and arbitration ").
Use services Alivecor.
Sole purpose is authorised user to transmission services Alivecor display and data sharing health care professional as well as the use of a service provided by data on it. Alivecor
The user can not obtain access to the service, or use it for any other purpose.
User may use the services, including any data reported him Alivecor by the service or under it, as well as data held by or on behalf of hostowanych only in the relevant Alivecor and legitimate purpose in line with these conditions and any other guidelines and rules on services, which may be made available by Alivecor Alivecor.
Powers.
In order to benefit from the services, the operator must be at least 18 years of age Alivecor.
Accepting these conditions, the operator shall ensure that: (a) is at least 18 years old, (b) his account had not been suspended or removed from the services and (c) the manner of its registration Alivecor and use of services are in accordance with all local Alivecor laws and regulations.
If user makes use of the services on behalf of a company, organisation or Alivecor, the operator shall ensure that it has adequate powers to bind organisation these conditions and agrees to be bound by the provisions of these conditions, on behalf of the organisation.
Account and registration.
In order to obtain access to most of service user must register in service account Alivecor
Recording account will have to provide some user during the information about itself, including such personal data as name, e-mail address, password, sex, increase or date of birth.
User Alivecor may give additional information.
User confirms that the information that he is true and will keep it, they change. aktualizował
Upon registration of the user will be asked to the creation of a password.
User confidentiality is responsible for their accounts and passwords and is responsible for any activity on its account.
If user suspects that safety his account has been infringed should immediately notify the Alivecor at support @ alivecor.com.
User account can automatically lapse after a period of inactivity exceeding twelve (12) consecutive months.
Payments.
Alivecor access to services and / or its certain functions may require payment of fees.
Payments before that you can look at and accept accrued charges.
All charges are not subject to far permitted by applicable law in zwrotom.
If Alivecor change of service charges, including through billing Alivecor additional user of this fact in advance Alivecor notify.
If you will not accept these amendments, may decide not to provide services on its Alivecor thing.
Alivecor debit fee set by the user during the method of payment buying.
User Alivecor allows to burden by him any form of payments the charges described in these conditions for chosen by his service Alivecor.
If you will want to pay a fee by credit card, it may ask for an initial authorisation account card Alivecor credit prior to the purchase by the user in order to verify whether credit card is correct and has appropriate measures or credit for payments.
Service Alivecor may include function activation, updating or cancelling cyclical used to cover fees periodic payments.
Activates if you update through services or payment cyclic, it will mean that Alivecor authorise a charging (from the periodic Alivecor until the cancellation account) of all payments fixed or collected sums to payments for all of these, designated amount.
If you use a service in order to update or cancellation any current Alivecor authorised single-payment or rolling, implementation of this amendment will take a couple of working days.
Company Alivecor not collected nor stores information about the financial accounts, in accordance with the policy of privacy.
License.
Company Alivecor owns and operates services Alivecor.
Documents and other information and content available in service (" the content of the website) are Alivecor protected by copyright and other intellectual property rights throughout the world.
Any comments on copyright and property on the content of must be included in all copies of the content of site site.
Unauthorised reproduction, modifying, or release or use of any content distribution public website is forbidden.
Company Alivecor and its suppliers to any other reserve in these conditions. right.
Under restrictions laid down in these conditions, the company limited, not Alivecor grants the users subject to transfer or niewyłączną licence for installing and using applications sublicencjonowaniu odwołalną format code building on of ownership or under the control of equipment exclusively to the use of services user Alivecor.
Draw our applications or using them, user:
Confirms that the application has not been acquired by him and is covered by the license.
Accepts that may apply the conditions and charges other companies in connection with using equipment in combination with applications, for example, staff operator and fees for telephone services, access to the data or the possibility to dispatch messages.
User responsible for payment of any payment on that basis.
Service evaluated.
General.
Company Alivecor set up a group of external experts providing the user for an additional charge service professional analysis (" service evaluated records ece ') through the service Alivecor.
Ecg can do to assess in one of two ways: (i) forwarded to analysis (" "), an interpretation of the certified kardiologowi or (ii) forwarded to assessment certified (" assessment ") technique ece technician.
On request and with the agreement sends the service evaluated user Alivecor data necessary to service interpretation or assessment technique. an
Service evaluated the action and interpretation is carried out or assessment of the technique is sent by electronic means a cardiologist back to systems Alivecor.
Then Alivecor report service Alivecor user shall make available.
Accepting these conditions, the user agrees to share service evaluated, but the use of it is optional.
Fee evaluated will be charged only when the user it will.
Company Alivecor reserves the right to change suppliers of services evaluated and withdrawal of at least one of the proposals within the framework of that service.
Reports.
User may use the services Alivecor in order to generate reports the output based on the approved by algorytmicznymi algorithms using its data. the fda Alivecor
All reports on the basis of approved by the fda or of services have evaluated algorithms Alivecor the same objective: provide the user with more useful information during the consultation with your doctor.
Reports do not replace talking to your doctor or did not suggest any diagnosis.
These reports are to be the information for the user and can be used by a doctor to bring an appropriate diagnosis and appropriate treatment, taking into account the full history of implementation.
Diagnosis based on data user can buy only a doctor.
Duty user is submitting their medical data in order to carry out a proper analysis and your doctor diagnosis.
Ecg.
User can obtain at any time ecg from device.
Ecg depend on many factors related to health and the activity of the user.
Company Alivecor and service providers evaluated do not provide any guarantee precision or interpretation of the data. the relevance of the clinical
It should be remembered that the doctor may disagree with recorded data interpretation.
User decides to make use of services if evaluated, his service, when you get the information that we can unlock consent of the user through services Alivecor
Restrictions.
Telemedicine due to the constraints user may limit the use of local jurisdiction services evaluated.
Because collects the data via mobile device user its duty is to ensure that the service evaluated was in line with the local regulations for telemedicine.
Service spersonalizowanego monitoring.
Company Alivecor in some cases, may provide user notification or suggested action depending on its analysis of the historical data and other information received by the company, including information on medicines, Alivecor symptoms and activity.
Alivecor user may suggest, for example, sending their data to the interim services in order to continuous monitoring status clinical interpretation of his heart.
These notifications or suggested action (or their lack of) are not determinant of health of the user.
In addition, no is intended to replace medical opinion.
User responsible for presenting their data and to discuss with him your doctor on the basis of an appropriate course of history.
Alivecor may allow the user to plan for further assistance services, for example, reminders of the various notifications Alivecor are taking medicine.
Company Alivecor makes no submissions on precision, reliability, completeness or any because elements of the timeliness of notifications push process are out of control of Alivecor.
User accepts that it will rely on those at their own risk. przypomnieniach
Alivecor waives any liability arising from the company for their use.
User accepts that the company may send on his mobile device notification Alivecor push for marketing purposes or associated with the services, if the user will involve and will it Alivecor in accordance with the policy of privacy.
Notification push may be excluded in the device settings.
Declarations made and assurances of users.
Kardia users and declare and provide a Alivecor, kardia pro that are one of the following countries: usa, residents of anguilla, australia, aruba, austria, bahrain, belgium, canada, chile, france, germany, hong kong, hungary, india, israel, ireland, italy, jamaica, kuwait, luxembourg, malta, the netherlands, new zealand, norway, oman, qatar, pakistan, poland, spain, switzerland, trinidad, tobago, united kingdom and the united arab emirates.
All users and provide declare that (1) this company Alivecor terms have been prepared and signed by them and are normal and a binding agreement with users, enforceable in accordance with its provisions; (2) if users have been benefiting from services on behalf of another entity, are his Alivecor authorised representative and shall have the power to tie that entity provisions of these conditions; (3) are not obtain access to services or benefit from them in other situations Alivecor than those laid down in these conditions and any other instructions or guidelines issued by the company principles, including those published in services Alivecor Alivecor; (4) will be allowed access to services and make use of them in accordance with applicable Alivecor law; (5) all information, data and other materials provided by the user during the registration and correct accounts are correct.
The users
Heading users-general.
Some service functions may allow the user, supplier of medical services Alivecor or other users to services, including sent the content of the messages, images, Alivecor data texts, location information for or other kinds of information (" user ") and share the content of the user services Alivecor.
User retains the copyright, including any moral rights and other rights resulting from ownership of the content of the user published in services, provided that if the user decides Alivecor to join their account service pro or information systems offered by the supplier kardia medical services, any data reported to the service provider may become part of the medical documentation user and a copy of the medical data may in accordance with applicable law become the property of the service provider medical or be controlled by.
The limited licence company. Alivecor
Content user user grants to publishing, irrevocable, international Alivecor wieczyste, free of duties, fully non-exclusive paid and subject to the law and licensed (with the law sublicencjonowania transmission) to use,, storing, transmission, exercise, hostowanie display,, modifying, the development and distribution of the content of reproduction of the user in whole or in part for any purpose in accordance with personal privacy in any formats and through any multimedia currently available or developed in the future media channels.
Alivecor furthermore, the company may create the data and images based on the content anonimizowane user.
In this case, the data and images they cease to be all of the user.
User irrevocably and permanently renounces all the rights to the user modified in any way, for which the user can express its opposition.
Company Alivecor reserves the right to refuse acceptance, publications, display or transfer any content of user following their own assessment.
The limited licence to other users.
Publishing or providing content user services or to other Alivecor
Declarations made and assurances regarding the content of the user.
User ponowi sole responsibility for the content of the user and the consequences of their publication.
Publishing content of the user and ensures that the user declares:
Is creator and owner of content or is properly licensed, law, user consent and powers to permit company and service users to use and Alivecor Alivecor in accordance with the need to use the user content distribution by the user in this section, licences granted as provided for by the company, services and these conditions Alivecor Alivecor
Content user and to benefit from it as provided for in these conditions will not: (i) break, prejudice or misused any rights of third parties, including the rights of copyright, trademarks, patents, trade secrets, personal rights, rights to the confidentiality of personal rights or any intellectual property rights and other rights resulting from ownership; (ii) or any third parties or zniesławiać oczerniać intrusion on their rights to confidentiality, or other property rights; (iii) caused any rights or regulating by a Alivecor infringements.
User agrees to cover any and all the duties and other charges resulting from the user by or through the publication of the content of the services. Alivecor
Only responsibility for the content of the user.
Company Alivecor is not obliged to edit or control content published by the user or other persons or user accepts no responsibility for the content of the user.
While Alivecor company may at any time and without prior notification to the snapshot, delete, edit, or to block any user, which according to its assessment is in breach of the content of this conditions or in any other way is inadequate.
User understands that when using the services will have been in contact with the content of users waste Alivecor from various sources and understands that these content may be inappropriate, offensive, obscene or otherwise inappropriate.
As far as possible permitted by applicable law user this warehouse shall waive any rights and legal measures which has or may have against the company for the content of the user. Alivecor
Company Alivecor expressly renounces the all responsibility for the content of the users in the broadest legally acceptable range.
When receiving information from an operator or the owner of the content that the user does not comply with these conditions, allegedly company may open an investigation in order to examine allegations Alivecor and determine the following their own assessment whether the content of the user should be eliminated.
Company Alivecor reserves the right to remove such content at any time without prior notification.
Procedure with illegal content user
If user considers that any observed content does not comply with these conditions, the user should inform company Alivecor.
Company Alivecor is in accordance with the law on the digital millennium copyright act (" ") concerning the copyright the dmca its operation (17 u.
P.
C.)
512, with amendments).
Complaint relating to intellectual property if the user is for materials published in services can contact with the designated agent, Alivecor available at the following address:
Alivecor, inc.
ATTN: legal department (copyright notification)
189 bernardo street, suite 100
Mountain view, ca 94043
Usa
650-396-8650
E-mail: copyright @ alivecor.com
Please note that, under current legislation the deliberate administration, misleading or false incomplete information concerning non-compliance content may be punished in criminal law provided for the user or aviation.
Any notification referring to digital millennium copyright act (" i ") that the materials the dmca zarzucające or transmitted via the services infringe Alivecor hostowane intellectual property rights, must contain all the information required by the dmca in the case of such notifications.
Multiple violations.
Alivecor immediately and without prior notification close, which considers user accounts scam " repeated infringements. '
Person that is repeated infringements, which is a user was informed of the action, or the content of which will be the existing rights affecting removed from at least three times Alivecor services.
Action prohibited.
Using ALIVECOR services, user agrees:
Not obtain access to the services or benefit from them (a) Alivecor of the jurisdiction in which such activities are not allowed, (b) for any purpose; or (c) in accordance with the legal rights of local, state, national or international.
The lack of action, which may be detrimental to other persons or could ruin the reputation of Alivecor;
Not prejudice any rights of third parties, including through violations or taking of their intellectual property rights or disclosure of their personal data, nor encourage that of others;
Not publish, sent or made available links, nor the marketing or advertising content user or other content, which are illegal, or inaccurate or that zniesławiające oczerniające the average person may consider to be inadequate, vulgar, obscene pornographic, life-, embarrassing hateful or szykanujące in any other way inappropriate;
Do not use programmes, or other equipment for the collection of data in the robots services or through them or in any Alivecor otherwise provide services to third parties without the authorisation of companies; Alivecor Alivecor
Not affect safety functions services by: (a) switching off or Alivecor circumvention functions which prevent or limit the use or copying content; (b) restoration of, or in any other way dekompilację discovering the source code of services, including any component applications, with the exception of the extent to which such actions will be clearly authorised by the applicable law, regardless of the present restrictions;
Not affect services or the customer satisfaction with the use of Alivecor services by: (a) the transmission or Alivecor in any other way the spread of viruses, software type or, or malicious code adware off spyware worms; (b) submission of unwanted tenders or transmission of unwanted advertising services; (c) users Alivecor of personal data, including trying to collect, inter alia, data from the un or other medical data without the consent of the user or third parties; (d) influencing work or interruption of networks, equipment or connected or used in order to provide services servers or distort any regulations, rules or Alivecor procedures such networks, equipment or servers.
Not to take any fraudulent actions such as impersonating a person or entity, administration of false information about belonging, access to other services or accounts without prior approval or falsifying Alivecor information during the registration account;
Not adjusted to or create works of derivatives or based on adaptation compilation services or their components, or use, Alivecor copy or play services or any of its elements beyond those Alivecor on that allow these conditions;
Not attribute, grant, rent, sell, grant collateral sub-licensing thing or in any other way not move access obtained under the these conditions, any material (as defined in section 15), rights or other powers to display or use of any material, or to obtain access to them;
Not try to act as described in section 10, not to help other people in the activity described in section 10 or not allowed.
Services linkowane third parties and websites.
Website may contain links to websites of third parties.
Company Alivecor has no control over third parties, nor shall be responsible for the content of the sites or link contained in these websites.
Company Alivecor made these links only as facilitating and does not work, approve, monitor or third parties. supports sites
Also does not grant any guarantee nor shall any with respect to these claims sites.
Company Alivecor may via the services provide tools to user information, export Alivecor including, inter alia, records and user to ece content applications or services of third parties, for example, google or apple or importing fit health information from such applications or services of third parties, including through allowing the user to a combination of his account functions to account for a third party. Alivecor
Using one of these tools, user and accepts that declares guarantees such transfers data are permitted by applicable law, that is to consent to it and that the company Alivecor may on its behalf communicate this information to or from the appropriate services third party in accordance with the policy of privacy.
Company Alivecor does not control services of third parties, nor shall be responsible for the way in which third parties are exported information.
If user will, which are used to import service functions Alivecor information from such services to third parties to user to grants and the use of these licence non-reversible Alivecor everlasting imported information and disclosure of their third parties such as healthcare workers in accordance with personal privacy and applicable law.
Service Alivecor may contain links to websites of third parties.
Company Alivecor has no control over in this way, websites or is not linkowanych responsible for contained in their content.
Termination use; and modify services. withdrawal
User may close his own at any time, acting in accordance with the procedures specified on the website of the company or by contacting chapter customer service Alivecor at support @ alivecor.com.
If violates any provision these conditions, the user received from companies Alivecor authorization for the services will be immediately withdrawn. Alivecor
Company Alivecor may following their own assessment to close your account user services, or at any moment and without Alivecor prior notification to suspend or withdraw its access to services, if any provisions of these conditions affect Alivecor, where the company will no longer provide any part of the services or from any other reason. Alivecor
Alivecor furthermore, the company reserves the right to modify or withdraw at any time and without notice services (including through the reduction or withdrawal of Alivecor certain functions services), temporarily or permanently Alivecor.
As far as possible permitted by applicable law firm does not bear any liability for any change Alivecor in services or any suspension or withdrawal of the user access Alivecor to services, provided that if the company Alivecor ceases to provide services and consequently Alivecor Alivecor with that withdraws the user access to services, is to have a proportionate reimbursement of any user Alivecor paid in advance of levies for Alivecor for the use of services Alivecor.
Post-closure user accounts or termination of this agreement, for any reason company may remove any data related to the account Alivecor user.
Privacy policy, additional conditions
Privacy policy.
For information on the way in which the company collects, uses, stores and reveals Alivecor personal data of users, please carefully read the with personal privacy (" privacy policy ").
Privacy policy, to which it relates the provision is included in these conditions.
User agrees to the collection, use, disclosure and other processing, hostowanie or operating his personal data (including their provision suppliers) according to external privacy policy.
Additional conditions.
Use by user services, politicians, subject to any additional conditions Alivecor rules or guidelines concerning services or their functions, to which certain Alivecor may refer company in services (" additional conditions Alivecor Alivecor "), for example, licensing agreements end user to any possible to withdraw applications or the rules governing the specific function or service, in accordance with section content Alivecor 14.
Any additional conditions, to which it applies this provision, are included in these conditions.
Amendments to these conditions.
Company Alivecor reserves the right to amend these conditions, at any time and at their own discretion.
Recommended periodic view these conditions at an angle of the amendments made.
If changes in these conditions change significantly powers or responsibilities user (" substantial changes "), a user of the modified in the Alivecor notifies e-mail sent on e-mail address specified in his profile.
Significant changes will enter into force after acceptance of them by the user.
Minor changes will start to apply on the date of their publication.
Disputes arising from these conditions will be settled in accordance with the conditions, which was applicable at the time of version of emergence of the case.
If you do not accept any of these conditions, the modification of the sole and exclusive counter-measure is a cancellation account.
The user can not in any cases of change or modify these conditions.
Property; rights resulting from ownership.
Service Alivecor from its owner, the company Alivecor.
Interfaces visual, graphics, projects, information, data compilation albums computer codes (including source code and), products, software, services obiektowy and any other service elements (" materials ') provided by the Alivecor company are protected by intellectual property rights and Alivecor other rights.
Any material included in service are owned by companies or its licencjodawców Alivecor Alivecor outside.
The user can not benefit from these materials, unless it receives the explicit agreement of the firms. Alivecor
Company Alivecor reserves the right to any materials not included in these conditions.
Subcontractors.
User hereby agrees to engaging by the third parties (including Alivecor its affiliates) in providing or supporting the provision of services (or their any component) or Alivecor offering website, for example, services interpretation of clinical. Alivecor
Feedback.
If user chooses to provide a feedback and suggestions on the proposed changes Alivecor or improvements or apparent problems with services (" feedback "), Alivecor user hereby granted to the company, perpetual, irrevocable, Alivecor unlimited, fully paid and free from non-exclusive claims the right to use of feedback in any way and for any purpose, including the improvement of services and production of other products and services. Alivecor
Exemption from liability.
As far as possible permitted by applicable law bears responsibility for the user from using services and undertakes to secure and exempt from Alivecor responsibility, as well as when it commits him in this company, firm, its managers Alivecor Alivecor defend, directors, staff, consultants, entities, subsidiaries and associates (" entities ") prior to the agency any claims, liability Alivecor legal damage, loss or expenditure, including the before justified in any way or resulting from lawyers honorariami related to: (a) access, use or alleged use by the user services; (b) breach of any provisions Alivecor these conditions, any statements or contracts, which refer to guarantees of these conditions or any existing law or regulations; (c) breach of user any rights of third parties, including intellectual property rights, the rights of the image, the right to confidentiality or other rights arising from the property or the rights to privacy; (d) any disputes or problems between user and the third party; (e) any claims arising from the alleged of fraud, the intentional conduct, or gross negligence of crimes
In far permitted by applicable law, Alivecor reserves the right to take independent defence (at its own expense) and control over all the matters which otherwise are subject to the liability by the user (without reducing the commitment user for liability in respect of the compensation cases).
In such a case user agrees to work with companies against a claim. defenders Alivecor
An indemnity, the lack of guarantees
Services ALIVECOR and any material and content available via the services are provided in the state in ALIVECOR which are and to their availability, without any explicit or implicit guarantees or conditions.
Entities ALIVECOR off any guarantees clear or, for services, all materials ALIVECOR implicit or content accessible through services, any software or equipment or related ALIVECOR used with services, as well as the availability of the elements above ALIVECOR, including: (a) any implicit guarantees, suitability for any purpose, property POKUPNOŚCI, smooth use or; (b) any guarantees the inviolability of resulting from the course of commercial transaction or of current commercial practice; (c) any guarantees on the veracity, completeness and accuracy of the data of the ecg or other information available or transmitted via services. ALIVECOR
User understands and accepts that the company is not responsible for any decisions health etc ALIVECOR.
Taken by the user or health care professional on the basis of data collected, transmitted or via the services, regardless of the displayed ALIVECOR their accuracy.
Entities ALIVECOR do not ensure that services, any service elements, ALIVECOR ALIVECOR materials or the content offered in services will always be available, safe and ALIVECOR free from error, viruses or other hazardous components.
In addition, do not ensure with any of these ALIVECOR problems are solved.
No transmitted orally or in writing advice or information obtained by the user via the services or materials or the content of the services available ALIVECOR granting the guarantee in relation to do not cause ALIVECOR of any of the bodies and / or services, if not stated ALIVECOR ALIVECOR in these conditions it clearly.
User bears the full risk for the damage that may result from the use of services or obtain access to them, ALIVECOR contact with other users of the service and the use of any material or substance DOSTĘPNYUCH ALIVECOR via the services ALIVECOR.
User understands and accepts that uses the services, as well as uses be charged or ALIVECOR in any other way organic materials or content via service and any related websites or services according to ALIVECOR discretion and at his own risk and that the sole responsibility for any damage to property (including damage to computer or mobile device in connection with using services ALIVECOR by using) or loss of data services or collection or use of the available materials or ALIVECOR content.
These provisions shall apply as far as possible permitted by applicable law.
Some jurisdictions may prohibit guarantees, in particular exemption guarantees to be provided or in the light of existing law, for example, the implicit legal guarantees compliance of the goods offered to consumers in the eu.
User also may also have other rights dependent on the jurisdiction.
The limitation of liability
Entities ALIVECOR under any circumstances be held liable by the user for any damage direct, indirect, performance, not a moral (including specific for loss of earnings, goodwill or other non-material injury) resulting from the application or gain access (or incorrect application or gain access) by the user to services, or any material or substance in services ALIVECOR, regardless of whether the ALIVECOR is the guarantee agreement, (including negligence), provision DELIKT law or any other area of law, and regardless of whether any entity was about possible damage. ALIVECOR POINFOROWANY
In order to avoid doubt also include amongst others, loss excluded injury or loss of earnings, loss of income, savings utility, loss of life or health claims from third parties, as well as any costs of facilities or services alternatives.
Except content provisions in section 241.
E ALIVECOR, where the company may not, in accordance with the law waive the responsibility for any of the above, the total liability of damage resulting from any claims for the user terms ALIVECOR or associated with the use or improper use any of the services or other items listed under these conditions ALIVECOR, regardless of whether based on contract, or any other branch of law, is limited DELIKT for more of the following: the consideration given by the user for the use of services or 100 usd, as far as possible ALIVECOR permitted by applicable law.
Some jurisdictions shall not authorise the forgoing or reduction for damage resulting or moral. ODPOWIEDZIALNOŚĆI
In this case, such restrictions will apply to the extent allowed by the user terms of jurisdiction.
In addition, no entries in these conditions does not prejudice or off responsibility, which can not be limited or excluded in accordance with applicable law, including the responsibility for deliberate infringement of these conditions.
None of these conditions do not affect the user rights as a consumer.
The aim of each of these conditions, which describes the limitation of liability provisions, guarantees or exclusion damage is exclusion risk allocation between the parties of these conditions.
That allocation is an essential element basis for transactions between the parties.
Each provisions are separable and independent of any other provisions of these conditions.
Restrictions substituted in this section (section 20) will apply, even if any of the limited remedial measures does not comply with its main destination.
Force majeure.
Company Alivecor will be exempted from carrying obligations laid down in these conditions, for any period during which as a result of force majeure, will not be able to meet its obligations under these conditions, in whole or in part, or their implementation will be delayed.
As far as possible permitted by applicable law for purposes of this section, " force majeure " means an event or a series of events caused by or resulting from the following factors: (1) the weather conditions or other natural phenomena or force majeure; (2) military action, terrorist activities, uprising, riots, protests or; (3) the quarantine or embargo riots, (4) (5) the break in the action strikes; telecommunications systems, networks, computers, servers or internet; (6) nieautoryzowany access to information systems by third parties; companies (7) Alivecor other causes, on which the company has no effect. Alivecor
Applicable law and the competent courts.
As far as possible permitted by applicable law these conditions is subject to state of california, with the exception of the conflict rules.
If these conditions allow procedural user and the conduct of Alivecor agree to be jurisdiction and state and federal courts exclusive jurisdiction partnership, located in county santa clara, california, in order to resolve any disputes in the way of legal proceedings.
If user is a consumer resident in one of the countries belonging to the european union, jurisdiction santa clara, california county courts will be non-exclusive.
Company Alivecor support services from its offices in the united states and Alivecor makes no claims that the materials included in services are right or available to land in Alivecor other locations.
General.
This conditions along with personal privacy and any other agreements to which they refer clearly these conditions are complete and only agreement and the agreement between the operator and the company with regard to the exercise by the user Alivecor services Alivecor.
Unless otherwise specified above, these conditions may be modified only by written agreement signed by means of designated representatives of the parties of these conditions.
User scedować can not move or resulting from them these conditions or rights, in whole or in part, by law or by other means, without the prior written consent of the company, which may (but not must Alivecor) give her following their own assessment.
All taken by the sample without such consent shall be null and void. relinquishment
As far as possible permitted by applicable law firm may at any time, these conditions Alivecor scedować, without notification and without the consent of the user.
No requirements any provision in these conditions does not affect compliance with the right to require compliance in any company Alivecor later.
Surrender also by a company action for infringement or failure to comply with these Alivecor conditions or of any provisions of these conditions does not mean waiver by the claims for further infringements or non-compliance with Alivecor these conditions, nor any waiver of that provision.
Headlines these conditions are to be only and do not have any effect on the interpretation of facilitating any of contained therein provisions.
If any part of these conditions is found to be incorrect or impossible to enforce that part will apply for the maximum extent possible, and other parts of will remain in force.
After termination of these conditions in force will remain sections 12, 13, 8-10, 18, 19 and 21 to 25, privacy policy and any contract associated.
Dispute resolution and arbitration
Please read this section, because it requires user to rule on arbitration certain disputes and claims in relation to the company, and also restricts the way in ALIVECOR which user can claim from the company ALIVECOR compensation.
General.
In far permitted by the applicable law and in the interest of the settlement of disputes between user and the company in the fastest and Alivecor cost-effective way, the user, and the company agree that any dispute Alivecor linked to these conditions will be settled by binding arbitration, provided that the user is not a consumer, located in the jurisdiction of dispute resolution in only by prohibiting arbitration.
Arbitration is less formal than the court case.
Arbitration use services independent and not judge and jury arbitrator.
Arbitration allows for more limited than the court and may be subjected to understanding the case of a very limited judicial assessment.
Judges may provide the same damages and compensation at the courts.
This agreement on the settlement of disputes on arbitration take into account any claims arising from or linked to any aspect of these conditions, irrespective of whether based on contract delikt, a rule of law fraud, false declaration or any other branch of law, and regardless of whether the claim during the validity of these conditions, or after resolve them.
User understands and agrees that by accepting this conditions, user and a company shall waive the right to trial involving ALIVECOR jury and participation in respect of collective as far as possible permitted by applicable law.
Resignation from the arbitration agreement: the user may dispense with the arbitration agreement by sending a message to address support @ within 30 days of acceptance of these alivecor.com conditions.
In messages must state (as well as enter your user name, e-mail address used during the registration in that it is to service Alivecor) the arbitration agreement.
Exceptions.
Notwithstanding 24a no the content of these conditions does not exclude section or hinder the right of any party to: (a) an application in court for
Small claims; (b) to take legal action through the relevant federal, state or local agency.
If such measures are available; (c) applying for the security claims by court order or prohibition proceedings; (d) transfer to court in order to settle claims in claim infringement of intellectual property.
Arbitrator.
In far permitted by applicable law any arbitrage between the operator and the company will be resolved in accordance with the federal law on Alivecor arbitration (federal act) and will be subject to Arbitration procedures for settling disputes (commercial Dispute resolution procedures) and commercial procedures substudy of consumer disputes (Supplementary procedures for consumer Disputes related), the total " rules " the american association (aaa " aaa "), as referral of modifications resulting from these conditions, and will be carried out by the aaa.
Rules aaa and forms for submission is available on www.adr.org.
To have them, can also call the number or contact association aaa 1-800-778-7879 Alivecor.
Notice; the process.
Party wants to use the arbitration, must first of all to send the other side of a written notification of dispute by post with acknowledgement of receipt or federal express courier us (required) or only in a situation of signature, where the other party has served its current physical address by e-mail (" the notice ").
Notice shall be sent to the following address: Alivecor, inc., company Alivecor
189 bernardo street, suite 100 mountain view, ca, usa. 94043
Notice must contain: (a) a description of the nature and basis claims or dispute, and also (b) the expected contribution (" the request " exactly laid down).
Parties should act in the best faith to settle directly, but if you do not claim reach an agreement within 30 days of the receipt of the notification, the user and the company may start arbitration. Alivecor
During arbitration amount proposed by the user or the company Alivecor proposals out of court may not be disclosed until an arbitrator has not taken a final decision arbitrowi on the recognition of the claim.
If by arbitration dispute can be resolved in favour of the user, the company will pay the highest of the following: Alivecor him (i), the amount designated by arbitrator; (ii) last offered by the amount in the proposal before the decision of the arbitrator Alivecor out of court (iii) 1000 usd.
Charges.
If user decides to start arbitration pursuant to these conditions, the company will pay the amount of the fees for request user Alivecor and unless the claim exceeds the amount of 10,000 dollars.
In this case, payments and any other charges will be subject to the principles of aaa.
Case arbitration will be conducted in an agreed location in santa clara, california county.
And if the claim does not exceed 10,000 dollars, you can decide whether the arbitration will be conducted: (a) solely on the basis of the documents submitted arbitrowi; (b) via telephone calls; (c) in the form of hearing face to face in accordance with rules in county (or the municipality) address aaa settlement of the user.
If arbitrator considers that creature claims or compensation in the request is derisory) or to request from the inadequate because (according to the standards set out in the federal regulation 11 (b) civil proceedings), the payment of any charges will be subject to the rules aaa.
User agrees, in this case, all the expenditure incurred before company Alivecor that title, which according to the rules are the responsibility of the user aaa.
Irrespective of the manner of arbitration arbitrator must deliver a reasoned written decision of the relevant findings and conclusions, on the basis of explanation which had taken its decision.
Arbitrator might make rulings and settle the dispute in respect of the payment and reimbursement of charges or at any time of the arbitration and expenditure after the appropriate request by any of the parties within 14 days from the date of the arbitrator over the facts. a
'S class actions.
As far as possible permitted by applicable law and user company agree that may make claims ALIVECOR against the other side of each individual and not only as a member of the group or in any proceedings of class actions or carried out by the alleged agent.
Also if the two parties otherwise arranged, can not consolidate claims of more than one arbitrator persons, as well as may not lead any form of the handling of class actions or carried out by agent in far permitted by applicable law.
Claims.
As far as possible permitted by applicable law the user will not arising from or related to these actions proposed conditions after at least one (1) year from the grounds for bringing an action.
This period can not be extended for any reason except by written agreement between the parties.
Any provisions or laws that impact in any way on the period of that restrictions are hereby cancelled.
As far as possible permitted by applicable law no rules or laws do not may extend the period specified in this section.
Modifications to the provisions relating to the arbitration.
Company Alivecor will if any future developments in these provisions relating to the arbitration, other than the change of address companies to notifications, the user can reject these Alivecor changes by sending firm written notice within 30 days from Alivecor implementation of the change to address companies to notifications. Alivecor
In this case, user account services will be immediately closed. Alivecor
In force these provisions for arbitration, in the version will remain directly before the amendment rejected by the user.
Enforceability.
If deemed impossible to collect it appears or the whole section 24, the whole of subsection 24g section 24 will be invalid.
In this case, the parties agree that the implementation and exclusive the court competent for any action under these conditions or linked to the specified in section 22.
Notice compatible; for communication in electronic form.
Using Alivecor services, user agrees to receive from the company news in an electronic format described in politics Alivecor privacy.
More information on the business practices for electronic communications can be found in politics Alivecor privacy.
User accepts that all notices, contract, disclosure or other the messages sent to him by the company in electronic form shall be consistent with any Alivecor legal requirements for communication, including for their written form.
Any notice from the company, which is the user, intended recipient Alivecor will be considered provided and, when they are sent to the e-mail address given by the user in the registration process or published or made available via the user. services Alivecor
If you change e-mail address given at used for recording and accessing services and the use of them, the operator must Alivecor update your address in accordance with the procedures in services Alivecor.
Giving Alivecor to your phone number, user agrees to receive at this number text messages to verify the accounts required, as well as other purposes or sending notifications relating to services. Alivecor
Company Alivecor does not charge for text messages and mobile operator may charge standard charges for the messages, data transmission, etc.
For payment of these fees, the responsibility of the user.
Company Alivecor can send and receive text messages via mobile operators or other network, so their actions may vary. reliability
Alivecor company is not responsible for timeliness or time, because this is the final provision of the outside its control and exclusive responsibility or other mobile operator of the network.
Notwithstanding the above, the company will benefit from the telephone number of the user in accordance Alivecor with this policy of privacy.
Note on the apple
User confirms that these conditions concern only its and not apple Alivecor and companies and that the company is not responsible for applications neither their contents of apple.
Company apple shall have no obligations for service provision, maintenance and support in relation to applications.
Where applications are not in accordance with any of the guarantee, the user can inform the company apple.
Apple user company will purchase amount applications.
Also as far as possible permitted by applicable law firm apple has no other obligations under this guarantee in respect of the application.
Company apple is not obliged to answering user or any third party claims in respect of the application or their possession or use by the user, including, inter alia, to: (i) the claims concerning the liability for the product defects; (ii) any claims due to incompatible applications with the applicable legislative or regulatory requirements; (iii) claims arising from the consumer protection laws or similar regulations.
Company apple is not responsible for investigation, defence, concluding a settlement or any third party so that the waiver of claims applications or their possession or use by the user affect intellectual property that third party.
User agrees followed in accordance with local conditions of third parties during the use of applications.
Apple company and its subsidiaries are the beneficiaries are third party of these conditions.
After acceptance of these conditions by the company apple will have the right (and it is considered that accepts this right) to enforce in relation to the user of these conditions as a beneficiary which is their third party.
User hereby declares and ensures that (i) is not resident in the country, which is covered by the measures imposed by the us government or which has been now we appointed by the government of the usa as supporting terrorism, as well as that country (ii) is not on any set up by the us government the list of undertakings excluded or with which business is prohibited.
Contact details.
Service Alivecor provides company inc., Alivecor
To reach us, you can write a message to the address support @ alivecor.com.
Last change: [07.
01.
2019)