TERMS AND CONDITIONS OF USE

  1. General Provisions

These Terms and Conditions of Use (hereinafter referred to as the “Terms of Use”) apply to the Cardiomo website located at https://cardiomo.com (hereinafter referred to as the “Website”), all associated sites as Cardiomo mobile sites, mobile or web application (hereinafter referred to as the “App”), and websites that you can access using the App and Cardiomo Device (hereinafter collectively referred to as the “Site”).

The Site is owned and managed by Cardiomo Care, Inc., a Delaware corporation doing business as “Cardiomo” (hereinafter referred to as the “Cardiomo”).

These Terms of Use are addressed to an unlimited circle of persons who use the site, regardless of their status (individual or representative of a legal entity) (hereinafter referred to as the “Users”).

As a User you shall be granted a non-exclusive, revocable license to access the Site under these Terms of Use.

BY USING THE SITE YOU AGREE TO AND CONFIRM THE FOLLOWING:

  1. you have read and understood the provisions of these Terms of Use in full before using the Site;
  2. any use of the Site including any transactions you make is subject to these Terms of Use;
  3. you accept all conditions of these Terms of Use without any withdrawals and limitations from your side;
  4. you fully understand that Cardiomo is not a medical device and not a substitute of professional medical care, advice and equipment;
  5. you comply with the conditions of these Terms of Use;
  6. you immediately discontinue using the Site if you do not agree with the conditions of these Terms of Use.

Cardiomo may terminate your use of the Site if you are in breach of these conditions of the Terms of Use or if Cardiomo decides to terminate your license of use for any reason.

  1. Content

All text, slogans, scientific information, articles and research, graphics, user interfaces, visual interfaces, photographs, pictures, trademarks, logos, sounds, design, expression, information and features of the products, user-generated content, posts or materials on user forums, artwork, structure, selection, and computer code (hereinafter collectively referred to as the “Content”), including location of such Content, contained on the Site shall be owned, controlled or licensed by or to Cardiomo. The Content shall be protected by trade dress, copyright, patent and trademark laws, and other intellectual property rights and unfair competition laws.

Therefore, we kindly ask you to respect our trademarks.

The content of the Site, including text, graphics, images, and other materials are intended for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Please ask your physician or other qualified health provider for any specific requests you may have regarding medical condition. Please do not disregard any professional medical advice and do not delay seeking it because of any content you may find on our Site.

  1. Use of the Site

You may use the Site and its Content for general informational purposes, for making orders, for some research. You may use such information only for your personal, non-commercial informational purpose. You may use the Site by any means and in any form within its declared functionality, including:

• viewing of materials posted on the Site;

• registration and / or authorization on the Site,

• posting any comments, feedback, and / or other information on the Site.

  1. Limitation of Use of the Site

You may not publish, post, transmit, transfer or sell, reproduce, copy, create derivative works from, republish, upload, post, distribute, perform, link, encode, display, mirroring or in any way exploit any of the Content to any other computer, server, website or other medium for publication or distribution or for any commercial purpose, in whole or in part, except as expressly permitted in these Term of Use or with the prior written consent of Cardiomo.

You may not make any modifications to any such information, not remove any proprietary notice in all copies of such Content, not use electronic or other means to extract details or information about Cardiomo’s Content.

You may not make any additional representations or warranties relating to such Content.

You may not attempt to gain an unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server by hacking or by any other illegitimate means. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, if such actions breach the security or authentication measures on the Site or any network connected to the Site, unduly abuse or disrupt Cardiomo’s technical systems or networks and / or such actions are intended to get personal benefit.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use and current legislation.

  1. Copyright Policy

At Cardiomo we respect the intellectual property rights of others and expect our users to do the same.

Cardiomo shall have the right in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of Users who repeatedly infringe the copyrights of others in accordance with the U.S. Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov).

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, and believe that any material available on or through the Cardiomo Site, including applications, products, user-generated content, posts or materials on user forums, or any other content, infringes upon your copyrights, you may report on alleged copyright infringements by providing the information in the following DMCA Notice of Alleged Infringement (hereinafter referred to as the “Notice”) and delivering it to Cardiomo’s Designated Copyright Agent identified below. Upon receipt of the Notice, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the Content. If we remove or disable access in response to such Notice, we may notify the owner or administrator of the Content so that they can make a counter notification.

Please note that filing a report of intellectual property infringement is a serious offence leading to legal consequences. Any person who knowingly materially misrepresents such material or infringing activity may be liable for damages pursuant to section 512(f) of the DMCA or similar laws in other jurisdictions or countries. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest you to contact an attorney first. You acknowledge that if you fail to comply with all of the notice requirements below, your copyright Notice shall been deemed not valid.

  1. DMCA Compliance to Notice of Alleged Copyright Infringement

DMCA Notice of alleged infringement should comply with the following procedure:

•        “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as fair use).”

•       “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

  1. Privacy Statement

Cardiomo’s Privacy Statement shall apply to use of this Site, and its terms shall be made a part of these Terms of Use by this reference (to view Cardiomo’s Privacy Statement click here). We ask that you review the terms of our Privacy Statement, so that you are aware of how we collect and use your information. By using our Site, you give consent to any such usage of information and you agree that Internet transmissions are never completely private or secure.

  1. Links to Other Sites 

This Site may contain links to other independent third-party sites. These sites are not under Cardiomo’s control, and please be aware that we are not responsible for the privacy of such other sites and for content contained on such sites. You are solely responsible for your use of any third-party sites or resources.

We encourage you to be aware when you leave our Site and to read the terms of use of these third party sites.

  1. Indemnity

You shall defend, indemnify, and hold harmless Cardiomo from any claims, costs, damages, losses, settlement fees, and expenses (including, without limitation, attorney fees and disbursements) incurred against Cardiomo as a result of your use of the Site or your breach of these Term of Use.

  1. Disclaimer 

You accept full responsibility for your use of the Site. We provide the Site and its Content on an «as is» and «as available» basis, and we DISCLAIM any warranties, including but not limited to the implied warranties of merchantability, suitability for a particular purpose, and non-infringement.

We do not promise that the Site or any Content will have no errors or be uninterrupted, be safe and secure or that any defects will be corrected, that the Site will be timely, accurate and meet your requirements or that your use of the site will provide specific results. We cannot ensure that any files or other data you download from the site will be free of viruses or contamination or destructive features.

We do not warrant, endorse, guarantee or assume responsibility for any third party applications, third party content, User content, or any other posts of a third party on or through the Site and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. No advice or information, whether oral or written, obtained by you from us or through or from our services creates any warranty not expressly stated in these Terms of Use. You will be fully responsible for your use of the site and any linked sites.

Under no circumstances should any information on the Site be directly used as either a diagnosis or medical advice. There are no clearly expressed or implied physician-patient relationships between you and Cardiomo, its employees or its contractors. Cardiomo shall make no warranties whatsoever, expressed or implied, regarding the completeness, accuracy and/or usefulness of any information contained or referenced to on the Site and the Device. Cardiomo does not assume any risk whatsoever for your use of the Device or the Site or the information contained. By using the Site and the Device, you agree that neither Cardiomo nor any other party is or will be liable or otherwise responsible for any decision made or any action taken or any action not taken due to your use or reliance on any information presented on or obtained from the Site and via the Device. Cardiomo does not assume any responsibility arising from the use of disposable third-party electrode pads including those enclosed in the Device box.

Any material downloaded or otherwise obtained through your use of our services shall be used at your own discretion and risk, and you will be responsible for any damage to your computer system or loss of data that results from the download of any such material.

Cardiomo shall have the right to modify operation of or access to the Site, the Site itself, any policies or terms at any time without prior notice.

Using the Site you should use your judgment and exercise caution where appropriate. Should you experience dissatisfaction with our Site or any Content you may stop using the Site or any such Content.

Some aspects of this section may not apply to some jurisdictions.

  1. Limitation on Liability 

The Cardiomo shall not be liable to you or to any other party for any direct, indirect, consequential, exemplary, incidental or special damages, including but not limited to the loss of profits, damages to goodwill, use, data, or other intangible losses, even if Cardiomo was advised of the possibility of such damages.

In case Cardiomo is found to be liable to you for any damage or loss, which arises out of or is in any way connected with your use of the Site or any Content our liability shall no exceed in any event one thousand U.S. dollars (USD 1,000.00) in aggregate.

This limitation on liability shall apply to any circumstances and to any conditions except where such limitation or exclusion of liability or incidental or consequential damages is prohibited by law.

  1. Violation of these Terms of Use

You agree that in case you have violated these Terms of Use we may, at our sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site. You agree that Cardiomo will not be held responsible to you for such termination of your access to the Site as a result of any violation of these Terms of Use

We are entitled to take any legal action against you as a result of your violation of these Terms of Use. In case we take any legal action against you as a result of such violation, we will have the right to obtain compensation from you, and you agree to pay all reasonable attorneys’ fees and costs of such action.

  1. Governing Law. Dispute Resolution

These Terms of Use shall be governed by the laws of the State of Delaware and, to the extent applicable, the laws of the United States of America.

All disputes, disagreements arising out of or relating to your access to or use of the Site, shall be governed by the laws of the United States and by the laws of the State of Delaware without regard to its conflict of law’s provisions. If you seek to file a legal claim against us, you agree to file and resolve it exclusively in a state or federal court located in Wilmington, Delaware. You agree to the personal jurisdiction by and venue in the state and federal courts in Wilmington, Delaware, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue shall not apply if you are the User resident of the European Union. If you are the User resident of the European Union, you may make a claim in the courts of the country of your residence.

Any claim under these Terms of Use shall be filled within the applicable statute of limitations or, if earlier, one (1) year after the facts caused such claim could have been discovered with reasonable diligence (or be forever barred).

  1. Validity of the Terms of Use. Changes to the Terms of Use

These Terms of Use shall be valid and continue to apply to you until terminated by Cardiomo.

Cardiomo may terminate the Terms of Use or suspend your access to the Site at any time, for any reason including in case of your non-compliance with this Term. If Cardiomo terminates these Terms, you agree that Cardiomo shall have no liability or responsibility to you.

Cardiomo shall have the right, at its sole discretion, to change, modify these Terms of Use, at any time without any notification. Cardiomo shall reserve the right to make changes to the content of its Terms of Use without obligation to notify any person or organization of such changes.

It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes shall mean that you accept and agree with these changes.

  1. Final Provisions and Contact Information

These Terms of Use shall come into force on January 1, 2018.

These Terms of Use are made in the English language.

Thank you for reading our Terms of Use.

For all questions regarding these Terms of Use, as well as other questions and suggestions, you can contact us by e-mail: hello@cardiomo.com

Phone: +1 (929) 360 5107

Cardiomo Care, Inc.

919 North Market Street, suite 425,

Wilmington, DE 19801, USA