MedWand Terms of Service

1. Definitions
   • "MedWand" means MedWand Solutions, Inc., whose principal place of business is located at 851 Rampart Boulevard, Suite 110 at Sir Williams Court, Las Vegas, NV 89145.
   • "R&D" means research and development activities performed by MedWand on User data. These activities may include, but are not limited to, improving our Products or Services; offering new products or services; performing quality control activities; and conducting data and/or image and video analysis which may lead to and/or include commercialization with a third-party; and reference by other users and/or healthcare providers to better understand symptoms or conditions.
   • "Research" means scientific research that MedWand performs alone or in conjunction with third-party contractors with the intent to publish in peer-reviewed scientific journals. Research uses only Image Data and Self-Reported Information from Users who have consented as “consent” is defined in the applicable Consent Document. Research activities do not include R&D.
   • “Product” or “Products” means all equipment, hardware or devices that are manufactured or delivered or provided by MedWand; this includes but is not limited to the MedWand Device, Home Clinic Package, Office Clinic Package, Global Clinic Package and any successor or subsequent version or model of any MedWand equipment, hardware or devices.
   • "Service" or "Services" means all software, website or web platform communication amenities or portals; any information or access to information provided or facilitated by MedWand’s web-based portals or platforms to provide support for a Product or information derived or transmitted by a Product; and/or any other services provided by MedWand.
   • “Third Party Service or Services” may or may not involve consulting or medical services provided by a physician or other healthcare provider, using Internet or telemedicine or other electronic communication.
   • "Personal Information" is information that can be used to identify User, either alone or in combination with other information. MedWand collects and stores the following types of Personal Information:
     • "Aggregated Data" means a collection of data from some or all MedWand users, including, but not limited to, Image Data, Medical Data and Self-Reported Information (MedWand will endeavor to remove all Registration Information and other Personal Information other than Self-Reported Information from the Aggregated Data sufficient to minimize the possibility of exposing individual-level information while still providing evidence for scientific research purposes).
     • "Image Data" means any images or videos captured using Products or Services provided by MedWand including those captured through third party sensors operating through or in conjunction with Products or Services provided by MedWand.
     • "Medical Data" means any User-specific vital signs including but not limited to respiratory rate, pulse, blood oxygen level, lung sounds, heart sounds, abdominal sounds, body temperature, blood pressure, blood chemistry or any other vitals captured using Products or Services provided by MedWand including vital signs captured through third party sensors operating through or in conjunction with Products or Services provided by MedWand.
     • "Registration Information" means the information that User provides when registering for and/or purchasing Products or Services provided by MedWand (e.g. name, email, address, user ID and password, and payment information).
     • "Self-Reported Information" means all information that User enters into surveys, forms, or features while signed in to MedWand accounts including, but not limited to, health information, disease conditions, treatment information, healthcare provider identification, other health-related information, personal traits, ethnicity, family history, and other information. Self-Reported Information is subject to Research only if User consents as described in the applicable Consent Document.
     • "Medical Practice" means any health care provider offering health care services to individuals accessing MedWand Products or Services.
     • "User" or "Users" means any Individual or Medical Practice authorized by MedWand to utilize the Products and Services provided by MedWand, including those individuals acting on behalf of an authorized User, individuals with legal authorization for User, and employees or agents of Medical Practice.
     • "User Content" means all information, data, text, photographs, graphics, video, software, music, audio, messages, or other materials—other than Self-Reported Information—generated by Users of Products or Services provided by MedWand, and transmitted, whether publicly or privately, to or through MedWand.
     • "Web Behavior Information" means all information related to usage of the MedWand website (e.g. browser type, domains, page views) collected through log files, cookies, and web beacon technology.
2. Acceptance of Terms

Use of Products or Services provided by MedWand (excluding any services provided by MedWand under a separate agreement) is subject to the terms of the legal agreement between User and MedWand set forth in these Terms of Service ("TOS"). Except as specified herein, these TOS apply to any use of the Products or Services provided by MedWand, including but not limited to: (a) capturing video, images or other data with MedWand Products; (b) uploading additional information and interacting with it on the MedWand website; and/or (c) creating and using a MedWand account without capturing a video, image or data or providing additional information. In order to use the Products or Services provided by MedWand, User must first agree to the TOS. A User may not use the Products or Services if he or she does not accept the TOS. To accept the TOS, User must: (1) click to accept or agree to the TOS, where this option is made available by MedWand for any Products or Services; or (2) actually use the Products or Services. In that case, User acknowledges and agrees that MedWand will treat any use of the Products or Services as acceptance of the TOS from that point onwards. In addition, when using particular MedWand Products or Services, User is subject to any guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. MedWand also may offer other services from time to time that are governed by different terms of service.

3. Prerequisites

• Whether User captures his or her own Image Data or Medical Data, or does so for anyone for whom User has legal authority to agree, or otherwise provides his or her own information, User may not use the Products or Services provided by MedWand and may not accept the TOS if User is: (1) not of legal age to form a binding contract with MedWand; or (2) barred from receiving the Products or Services under the laws of the jurisdiction in which User is a resident, or in which he or she uses the Products or Services provided by MedWand.
• In addition to the conditions above, if User contributes or otherwise provides his or her information, User must be eighteen years of age or older to agree to these TOS on behalf of User or those for whom User has legal authority to agree.
• In addition to the conditions above, if User contributes or otherwise provides his or her information, User must be eighteen (18) years of age or older. Furthermore, to agree to these TOS on behalf of User or those for whom User has legal authority to agree, that individual must be eighteen (18) years of age or older.
3. Description of the Products or Services

The Products or Services provided by MedWand include access to the MedWand website and associated services, including the collection and analysis of User’s Image Data and Medical Data. Unless explicitly stated otherwise, each new feature that augments or enhances the current Products or Services shall be subject to the TOS. Third Party Service or Services, and Third Party Use or Uses, while not provided by MedWand, may or may not involve third party consulting or medical services provided by a physician or other healthcare provider, using Internet or telemedicine or other electronic communication and may be subject to additional fees or subscription rates in addition to the fees and subscription rates charged by MedWand.

Users acknowledge and agree that the Products or Services are provided "AS-IS" and are based on the current technology in use by MedWand at the time of the purchase or viewing. As research progresses and scientific knowledge and technology evolve, MedWand shall strive to provide the best possible experience for its Users. User acknowledges and agrees that the form and nature of the Products or Services provided by MedWand may change without prior notice. As part of this continuing innovation, User acknowledges and agrees that MedWand may stop (permanently or temporarily) providing some Products or Services (or any features within the Products or Services) to Users generally at MedWand's sole discretion, without prior notice. User may stop using the Products or Services at any time. User does not need to specifically inform MedWand when he or she stops using the Products or Services unless requesting closure of an account. MedWand assumes no responsibility for the use of Products or Services outside the terms of this TOS or other applicable terms.

In order to use the Products or Services, User must obtain Internet access, either directly or through devices that access web-based content, and pay any service fees associated with such access. User is solely responsible for paying such fees. If User uses Products or Services provided by MedWand on a cellular network (rather than via Wi-Fi), standard data rates or roaming may apply, according to the wireless plan. MedWand is not responsible for any device connection, data transmission charges, or roaming charges incurred when Products and Services are used.

In addition, User must provide all equipment necessary to make such Internet connection, including a computer and modem or other access device unless such device is purchased through MedWand as part of a package. User is solely responsible for providing such equipment. User acknowledges and agrees that while MedWand may not currently have set a fixed upper limit on the number of transmissions that can be sent or received through the Products or Services or on the amount of storage space used for the provision of any Service/Products, such fixed upper limits may be set by MedWand at any time, at MedWand's sole discretion.

5. Risks and Considerations Regarding Products or Services

User should not change his or her health behaviors solely on the basis of information from MedWand. The information from MedWand does not replace or substitute consultation or treatment with a physician or other trained healthcare provider, or any Third Party Service. MedWand Products and Services are designed to be used in conjunction with a telemedicine physician conference and are not designed to provide data for direct use by User. Make sure to seek the advice of a physician or other trained healthcare provider while using and to discuss the information generated by Products and Services provided by MedWand, and to discuss Image Data and Medical Data with a physician or other trained healthcare provider before acting upon the information resulting from Products or Services provided by MedWand. User should contact a physician or other trained healthcare provider with any questions or concerns about the information generated by Products or Services provided by MedWand.

Products or Services are for research, informational, and educational use only. MedWand does not provide medical advice. The Information provided by MedWand is for research, informational, and educational use only. This means two things: (1) Any information provided that is based on Image Data or Medical Data captured with any MedWand Product have not been clinically validated, and the technology used to date has not been widely used for clinical testing; and (2) The Products or Services are not intended to be used as a substitute for professional medical advice. Users should always seek the advice of a physician or other trained healthcare provider with any questions regarding diagnosis, cure, treatment, mitigation, or prevention of any disease or other medical condition or impairment or the status of User’s health.

MedWand is not a healthcare provider, and does not diagnose any condition, recommend or endorse any specific courses of action, resources, tests, physicians or other healthcare providers, drugs, biologics, medical devices or other products, procedures, opinions, or other information that may be mentioned on the MedWand website. As explained on the MedWand website, MedWand believes that (1) any collected Image Data and Medical Data are only part of the picture of any individual's state of being; and (2) only a trained physician or other healthcare provider can assess User’s current state of health or disease, taking into account many factors, including in some cases, Image Data and Medical Data taken with a MedWand Product, as well as User’s current symptoms, if any. Reliance on any information provided by Products or Services provided by MedWand, MedWand employees, others appearing on the MedWand website at the invitation of MedWand, or other visitors to the MedWand website is solely at User’s own risk.

User should not share any sensitive health information when communicating with MedWand’s support and customer service team. Health information should be shared with User’s medical provider, an appropriate healthcare professional, or directly with MedWand via our secure app and server. The designated support and customer service teams are not healthcare professionals and cannot offer medical advice.

6. User Representations

By accessing or using Products or Services, User agrees to, acknowledges, and represents as follows:

• User understands that information learned or acquired during the Use of Products or the provision of Services or the provision of Services provided by MedWand including information captured through third party sensors operating through or in conjunction with Products or Services provided by MedWand, designed to diagnose, prevent, or treat any condition or disease or to ascertain the state of User’s health is intended for research, informational, and educational purposes only.
• User acknowledges that MedWand urges Users to seek the advice of a physician or other trained healthcare provider regarding any questions or concerns that arise from captured information, including, but not limited to, Image Data and Medical Data taken with Products or Services provided by MedWand including those captured through third party sensors operating through or in conjunction with Products or Services provided by MedWand. User further acknowledges that MedWand is not responsible for any advice acquired from a physician or other trained healthcare provider, and MedWand encourages User to comply with advice provided by qualified Third Party Service providers.
• User gives permission to MedWand, its contractors, successors and assignees to perform image and data processing or analyzing services on all data extracted by using the Application.
• User gives permission to MedWand, its contractors, successors and assignees to use any Image Data, Medical Data and other Personal Information (with personalized identifiable data removed) as publishable material, marketing advertising material and/or for commercial use at any time including after the closure of User’s account.
• User represents that he or she is eighteen (18) years of age or older.
• User guarantees that any Image Data or Medical Data provided either is his or her own; or, if User is agreeing to these TOS on behalf of a person for whom they have legal authorization, User confirms that the Image Data or Medical Data provided will be of that person.
• Any User outside the U.S. that provides Image Data or Medical Data confirms that this act is not subject to any export ban or restriction in the country in which User resides.
• User warrants that he or she is not acting on behalf an insurance company or an employer attempting to obtain information about an insured person or an employee.
• User takes sole responsibility for all possible consequences resulting from sharing with others access to Image Data or Medical Data captured and Self-Reported Information.
• User understands that all Personal Information will be stored in MedWand databases and will be processed in accordance with the MedWand Privacy Statement.
• Waiver of Property Rights. User understands that by capturing Image Data or Medical Data with MedWand’s Products or Services including those captured through third party sensors operating through or in conjunction with Products or Services provided by MedWand, or providing Self-Reported Information, he or she acquires no rights in any research or commercial products that may be developed by MedWand or its collaborating partners. User specifically understands that he or she will not receive compensation for any research or commercial products that include or result from any Image Data, Medical Data or Self-Reported Information.

User agrees and warrants that he or she has the authority, under the laws of the state or jurisdiction of User’s residence, to provide these representations. In case of breach of any one of these representations MedWand has the right to suspend or terminate User’s account and refuse any and all current or future use of the Products or Services (or any portion thereof) and User agrees to defend and indemnify MedWand and its affiliates against any liability, costs, or damages arising out of the breach of the representation.

7. Account Creation, Customer Account, Password, and Security Obligations

In consideration of use of the Products or Services, User agrees to: (1) provide true, accurate, current, and complete Registration Information as prompted by the Service; and (2) maintain and promptly update the Registration Information to keep it truthful, accurate, current, and complete. If any Registration Information is untrue, inaccurate, not current, or incomplete, or if MedWand has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, MedWand has the right to suspend or terminate the associated account and refuse any and all current or future use of the Products or Services (or any portion thereof).

After purchase of Products or Services provided by MedWand, User will create a password and account designation. User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under his or her password or account. If User allows third parties to access the MedWand website through his or her username and password, User agrees to defend and indemnify MedWand and its affiliates against any liability, costs, or damages, including attorneys’ fees, arising out of claims or suits by such third parties based upon or relating to such access and use. User agrees to: (1) immediately notify MedWand of any unauthorized use of his or her password or account, or any other breach of security; and (2) ensure that User exits from his or her account at the end of each session. MedWand cannot and will not be liable for any loss or damage arising from User’s failure to comply with this Section.

8. MedWand Privacy Statement and Disclosure of Information

In order to use the Products or Services, User must first acknowledge and agree to the Privacy Statement. User cannot use the Products or Services without first accepting the Privacy Statement. User can acknowledge and agree to the Privacy Statement by (1) clicking to accept or agree to the Privacy Statement, where this option is made available by MedWand for any Service; or by (2) actually using the Products or Services.

User acknowledges and agrees that MedWand has the right to monitor any use of its systems by its personnel at any time and maintain copies documenting such monitoring. Our Privacy Statement sets forth the only expectations of privacy any individual should have in terms of usage of the Products or Services, website, or other systems. If User has given consent for Image Data and Self-Reported Information to be used in Research as described in the applicable Consent Document, we may include User’s Image Data, Medical Data and Self-Reported Information in the Aggregated Data we disclose to third parties for the purpose of publication in a peer-reviewed scientific journal. If User does not consent to participate in Research, MedWand may still include User’s Image Data, Medical Data and Self-Reported Information (after removal of all personalized identifiable information) in Aggregated Data disclosed to third-party non-profit and/or commercial research partners who will not publish that information in a peer-reviewed scientific journal. MedWand will never release individual-level Image Data, Medical Data and/or Self-Reported Information to any third party without first asking for and receiving User’s express written consent to do so, unless required by law. Further, User acknowledges and agrees that MedWand is free to preserve and disclose any and all Personal Information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (1) comply with legal process (such as a judicial proceeding, court order, or government inquiry) or obligations that MedWand may owe pursuant to ethical and other professional rules, laws, and regulations; (2) enforce the MedWand TOS; (3) respond to claims that any content violates the rights of third parties; or (4) protect the rights, property, or personal safety of MedWand, its employees, its Users, its clients, and the public. In such event we will notify User through the contact information provided to us in advance, unless doing so would violate the law or a court order. User understands that the technical processing and transmission of the Products or Services, including Personal Information, may involve (1) transmissions over various networks; and (2) changes to conform and adapt to technical requirements of connecting networks, or devices. Finally, MedWand may, in its sole discretion, restrict access to the website for any reason.

Please refer to MedWand’s Privacy Statement to read about data protection related to storage and use information. See MedWand’s complete Privacy Statement here.

9. Limited Use License

User acknowledges that all User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such User Content originated. This means that User, and not MedWand, is entirely responsible for all User Content that is uploaded, posted, emailed, or otherwise transmitted via the Products or Services.

User acknowledges that the Products or Services content presented as part of the Products or Services, whether original Products or Services content or sponsored content within the Products or Services, is protected by copyright and/or other intellectual property rights that are owned by MedWand and/or the sponsors who provide that content to MedWand (or by other persons or companies on their behalf).

MedWand grants User a Limited Use License to copy and distribute free of charge, for non-commercial purposes only, any of the Products or Services content, provided that User: (i) provides the Products or Services content as it appears on the MedWand website with no changes, including, but not limited to, presenting selections which might tend to misrepresent the substance of the Products or Services content; (ii) include the following attribution on the first page of any materials User distributes: “© MedWand Solutions, Inc. 2015. All rights reserved; distributed pursuant to a Limited Use License from MedWand”; (iii) agree User has no right to offer anyone else any further right with respect to this Products or Services content.

Aside from the Limited Use License provided in this paragraph, User may not modify, rent, lease, loan, sell, distribute, or create derivative works based on this Products or Services content (either in whole or in part) unless User has been specifically granted authorization in writing by MedWand or by the owners of that content, in a separate agreement.

10. User Conduct — Unlawful and Prohibited Use

As a condition of User’s use of the Products or Services, User warrants to MedWand that the use will not be for any purpose that is unlawful or prohibited by these terms, conditions, or notices. User may not use the Products or Services in any manner that could damage, disable, overburden, or impair the Products or Services, or interfere with any other party's use and enjoyment of the Products or Services. User may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Products or Services. Furthermore, User agrees not to use the Products or Services to: (1) upload, post, email, or otherwise transmit any material that is derogatory, defamatory, obscene, or offensive, such as slurs, epithets, or anything that might reasonably be construed as harassment or disparagement based on race, color, national origin, sex, sexual orientation, age, disability, religious or political beliefs, or other statutorily protected status; (2) impersonate any person or entity, including, but not limited to, anyone affiliated with MedWand, or falsely state or otherwise misrepresent User’s affiliation with a person or entity; (3) add User’s own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; (4) "stalk" or otherwise harass another; (5) upload, post, email, or otherwise transmit any content that User does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (6) download any file posted by another user of the Products or Services that User knows, or reasonably should know, cannot legally be distributed in such manner; (7) upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of MedWand or any other party; (8) harm minors in any way; (9) advertise or offer to sell or buy any goods or services for any business purpose, unless such area specifically allows such messages; (10) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose and only to the extent such content is authorized by law; (11) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (12) interfere with or disrupt the Products or Services or servers or networks connected to the Products or Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; (13) violate these Terms of Service, any code of conduct or other guidelines which may be applicable for any particular area of the Products or Services or have been communicated to User by anyone affiliated with MedWand; or (14) intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law.

User acknowledges and agrees that MedWand Products and Services are designed and intended to be used exclusively on a combined basis. Using a non-MedWand or non-MedWand approved product with a MedWand Service, or, using a Product with a service not provided by MedWand, can lead to product/service incompatibility errors and privacy breaches that may harm User or others. Therefore (i) any use of a Service in connection with any product not manufactured, provided or approved by MedWand; or (ii) any use of a Product in connection with any software or information or consulting service provided by a person or entity other than MedWand; shall in either event cause any applicable warranty to be automatically and immediately void, and shall constitute a breach of this TOS or any other applicable contract with MedWand.

MedWand will be wholly responsible for the collection of any state and/or federal taxes associated with the provision and delivery of any Services and/or Products provided by MedWand within the United States.

User acknowledges and agrees that he or she is solely responsible for (and that MedWand has no responsibility to User or to any third party for) any breach of his or her obligations under the TOS and for the consequences (including any loss or damage which MedWand may suffer) of any such breach. In case of breach of any one of these agreements, MedWand has the right to suspend or terminate User’s account and refuse any and all current or future use of the Products or Services (or any portion thereof), and User agrees and promises to defend and indemnify MedWand and its affiliates against any liability, costs, or damages arising out of the breach of the representation.

If User violates the terms of this Section and/or MedWand has a reasonable ground to suspect that User has violated the terms of this Section, MedWand has the right to suspend or terminate User’s account and refuse any and all current or future use of the Products or Services (or any portion thereof).

11. Applicable Laws and Regulations

Recognizing the global nature of the Internet, User agrees to comply with all local rules regarding online conduct and acceptable content. Specifically, User will comply with all applicable laws regarding the transmission of technical data exported from the United States or the country from which User accesses Products or Services online.

12. Material Posted Through the Products or Services

MedWand does not control any of User Content posted via the Products or Services and, as such, does not guarantee the accuracy, integrity, or quality of such non-MedWand content. User understands that by using the Products or Services, he or she may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will MedWand be liable in any way for any non-MedWand content, including, but not limited to, any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content posted, emailed, or otherwise transmitted via the Products or Services.

User acknowledges that MedWand and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, review, filter, modify, refuse, or move any content that is available via the Products or Services. Without limiting the foregoing, MedWand and its designees shall have the right to remove any content that violates the TOS or is deemed by MedWand, in its sole discretion, to be otherwise objectionable. User acknowledges and agrees that User must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

13. Material Provided to MedWand — User’s Proprietary Rights

User Content. MedWand does not claim ownership of User Content provided to MedWand (including feedback and suggestions) or posted, uploaded, inputted, or submitted to the Products or Services. Unless otherwise specified, User retains copyright and any other rights User already holds over User Content that User creates and submits, posts, or displays on or through the Products or Services. However, by submitting, posting, or displaying User Content, User gives MedWand, its affiliated companies, sub licensees (including but not limited to sub licensees who avail themselves of the Limited Use License granted in Section 9 above) and successors and assigns a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, reproduce, edit, reformat, and create derivative works from any User Content that User submits, posts, or displays on or through the Products or Services. User acknowledges and agrees that this license includes a right for MedWand to make such User Content available to other companies, organizations, or individuals with whom MedWand has relationships, and to use such User Content in connection with the provision of those Services.

User understands that MedWand, in performing the required technical steps to provide the Products or Services to Users, may (a) transmit or distribute User Content over various public networks and in various media; and (b) make such changes to User Content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services, or media. User acknowledges and agrees that this license shall permit MedWand to take these actions. User represents and warrants to MedWand that User has all the rights, power, and authority necessary to grant the above license.

Waiver of Property Rights. As stated above, User understands that by providing any sample, having images, Image Data or Medical Data processed, accessing Image Data, Medical Data or providing Self-Reported Information, User acquires no rights in any research or commercial products that may be developed by MedWand or its collaborating partners. User specifically understands that User will not receive compensation for any research or commercial products that include or result from Image Data, Medical Data or Self-Reported Information.

14. Indemnity

User agrees to defend and hold MedWand, and its affiliates, subsidiaries, officers, agents, contractors, partners, employees, successors, and assigns harmless from any claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User Content that User submits, posts to, or transmits through the Service; User’s use of the Service; User’s connection to the Service; User’s violation of the TOS; or User’s violation of any rights of another.

If User takes an image or video or otherwise uploads information, User will defend and hold harmless MedWand, its employees, contractors, successors, and assigns from any liability arising out of the use or disclosure of any information obtained from analyzing User’s videos or images, which is disclosed to User consistent with our Privacy Statement, or results from any third-party add-ons to tools provided by MedWand.

In addition, if User chooses to provide images, Image Data, Medical Data and/or Self-Reported Information to third parties—whether individuals to whom User facilitates access, intentionally or inadvertently, or to third parties for diagnostic or other purposes—User agrees to defend and hold harmless MedWand, its employees, contractors, successors, and assigns from any and all liability arising from such disclosure or use of such Image Data, Medical Data and/or Self-Reported Information. Specifically, User agrees to defend and hold harmless MedWand, its employees, contractors, successors, and assigns from any and all liability for any damages resulting from advice acquired from a physician or other trained healthcare provider while using Internet or telemedicine or other electronic communication, or User’s failure to comply with advice provided by Third Party Service providers.

15. No Resale of Products or Services

Other than pursuant to the terms of the Limited Use License in Section 9 of this TOS or unless otherwise agreed in a separate agreement between User and MedWand, User agrees not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes, all or any portion of the Products or Services, use of the Products or Services, or access to the Products or Services.

16. General Practices Regarding Use and Storage

User acknowledges that MedWand may establish general practices and limits concerning use of the Products or Services, including, without limitation, the maximum number of days that Personal Information and Products or Services content will be retained by the Products or Services, the maximum disk space that will be allotted on MedWand's servers on User’s behalf, and the maximum number of times (and the maximum duration for which) User may access the Products or Services in a given period of time. User acknowledges and agrees that MedWand has no responsibility or liability for the deletion of or failure to store any messages, other communications, or other content maintained or transmitted by the Products or Services; or for the loss of Image Data or Medical Data due to malfunction or destruction of data servers or other catastrophic events. User further acknowledges that MedWand reserves the right to change these general practices and limits in its sole discretion.

17. Modifications to Products or Services

MedWand reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Products or Services (or any part thereof) with or without notice. User acknowledges and agrees that MedWand shall not be liable to User or to any third party for any modification, suspension, or discontinuance of the Products or Services.

The Software that User uses may automatically download and install updates from MedWand. These updates are designed to improve, enhance, and further develop the Products or Services and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. User agrees to receive such updates (and permit MedWand to deliver them) as part of User’s use of the Products or Services.

User acknowledges that MedWand may offer different or additional technologies or features to collect and/or interpret Image Data and Medical Data in the future, and that User’s initial purchase of the Products or Services does not entitle User to any different or additional technologies or features for collection or interpretation of Image Data or Medical Data without fee, and that User will have to pay additional fees in order to have Image Data and Medical Data processed, and/or interpreted using any future or additional technologies or features.

18. Termination

The TOS will continue to apply until terminated by either User or MedWand, as set out in this Section.

To terminate a legal agreement with MedWand, User may do so by notifying MedWand at any time in writing, which will entail closing User’s accounts for all of the Products or Services used by User. The notice should be sent, in writing, to MedWand's address, which is set out at the beginning of the TOS, or online via the Contact Form. If notice is provided online, MedWand will send User an email asking that User to confirm the request to close an account, and User’s notice will be effective following receipt of a second email confirmation from User.

MedWand may at any time, terminate its legal agreement with User (and in conjunction therewith, User’s password and account(s)) if: (1) User has breached any provision of the TOS (or has acted in manner which shows that User does not intend to, or is unable to comply with, the provisions of the TOS); (2) MedWand is required to do so by law (for example, where the provision of the Products or Services is, or becomes, unlawful); (3) the partner with whom MedWand offered the Products or Services has terminated its relationship with MedWand or ceased to offer the Products or Services to User; (4) MedWand decides to stop providing the Products or Services to Users in the country or state in which User resides or from which User uses the Products or Services; or (5) the provision of the Products or Services to User by MedWand is, in MedWand's opinion, no longer commercially viable.

Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of User’s use of the Products or Services may be referred to appropriate law enforcement authorities. User acknowledges and agrees that MedWand shall not be liable to User or to any third party for any termination of User’s access to the Products or Services, regardless of the reason for termination.

19. Survival of Terms

When the TOS come to an end, all of the legal rights, obligations, and liabilities that User and MedWand have benefited from, been subject to (or which have accrued over time while the TOS have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of sections 1.(Definitions); 2.(Acceptance of Terms); 3.(Prerequisites); 4.(Description of the Products or Services); 5.(Risks and Considerations Regarding MedWand Products or Services); 6.(Representations); 7.(Account Creation, Customer Account, Password and Security Obligations); 8.(MedWand Privacy Statement); 10.(Customer Conduct — Unlawful and Prohibited Use); 11.(Export Control and Applicable Laws and Regulations); 12.(Material Posted through the Products or Services); 13.(Material Provided to MedWand — User’s Proprietary Rights); 14.(Indemnity); 15.(No Resale of Products or Services); 18.(Termination); 19.(Survival of Terms); 20.(Dealings with Information Providers and Listed Resources); 21.(Hyperlinks and MedWand Website); 22.(MedWand Proprietary Rights); 23.(DISCLAIMER OF WARRANTIES); 24.(LIMITATION OF LIABILITY); 25.(Notice); 27.(Violation or Suspected Violation of TOS); and 28.(Miscellaneous) shall continue to apply to such rights, obligations, and liabilities indefinitely.

20. Dealings with Information Providers and Listed Resources

User’s correspondence or business dealings with—or participation in promotions of—information providers, vendors, and/or resources found on or through the Products or Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between User and such information provider or resource. User acknowledges and agrees that MedWand shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such information provider or resources on the Products or Services.

21. Hyperlinks and the MedWand Website

The Products or Services provide, and third parties may provide, links to other sites and resources on the Internet. Because MedWand has no control over such sites and resources, User acknowledges and agrees that MedWand is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. User further acknowledges and agrees that MedWand shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such hyperlinked site or resource.

22. MedWand's Proprietary Rights

User acknowledges and agrees that MedWand (or MedWand's licensors, as applicable) own all legal right, title, and interest in and to the Products or Services, including any intellectual property rights which exist in the Products or Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). User further acknowledges that the Products or Services may contain information which is designated confidential by MedWand and that User shall not disclose such information without MedWand's prior written consent.

User acknowledges and agrees that the Products or Services and any necessary software used in connection with the Products or Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. User further acknowledges and agrees that information presented to User through the Products or Services or sponsors is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by MedWand, User agrees not to—and not to permit anyone else to—modify, rent, lease, loan, sell, distribute, or create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Products or Services or Software or any part thereof, in whole or in part. Software, if any, that is made available to download from the Products or Services, excluding software that may be made available by end-users through the Products or Services, is the copyrighted work of MedWand and/or its suppliers. User’s use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). User may not install or use any Software that is accompanied by or includes a License Agreement before first agreeing to the License Agreement terms.

MedWand Solutions, Inc., MedWand, and other MedWand logos and product and service names are registered trademarks of MedWand and these marks, together with any other MedWand trade names, service marks, logos, domain names, and other distinctive brand features, are the "MedWand Marks". Unless User has agreed otherwise in writing with MedWand, other than through the Limited Use License in Section 9, nothing in the TOS gives User a right to use any MedWand Marks and User agrees not to display, or use in any manner, MedWand Marks.

User agrees that he or she shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Products or Services.

Unless User has been expressly authorized to do so in writing by MedWand, User agrees that in using the Products or Services, User will not use any trade mark, service mark, trade name, logo of any company, or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.

For any Software not accompanied by a License Agreement, MedWand grants User a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on a single computer. User may not (and may not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software unless this is expressly permitted or required by law, or unless User has been specifically granted authority to do so, in writing. This license is for the sole purpose of enabling User to use and enjoy the benefit of the Products or Services provided by MedWand, in the manner permitted by the TOS. Unless MedWand has given User specific permission in writing to do so, User may not assign (or grant a sublicense of) User’s rights to use the Software, grant a security interest in or over User’s rights to use the Software, or otherwise transfer any part of User’s rights to use the Software. User agrees not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Products or Services. User agrees not to access the Products or Services by any means other than through the interface that is provided by MedWand for use in accessing the Products or Services. Any rights not expressly granted herein are reserved.

23. Disclaimer of Warranties

USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT: (1) USER’S USE OF THE PRODUCTS AND SERVICES ARE AT USER’S SOLE RISK. THE PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS EXCEPT WHERE EXPLICITLY STATED OTHERWISE. MEDWAND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. (2) MEDWAND MAKES NO WARRANTY THAT (a) THE PRODUCTS AND SERVICES WILL MEET USER’S REQUIREMENTS; (b) THE PRODUCTS AND SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS AND SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY USER THROUGH THE PRODUCTS AND SERVICES WILL MEET USER’S EXPECTATIONS; AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT USER’S OWN DISCRETION AND RISK, AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM MEDWAND OR THROUGH OR FROM THE PRODUCTS AND SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED. (5) USER SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT USER OR THOSE FOR WHOM USER HAS LEGAL AUTHORITY. MEDWAND DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM USER’S PARTICIPATION IN THE PRODUCTS AND SERVICES AND, THEREFORE, MEDWAND SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM USER’S PARTICIPATION IN THE SERVICES. USER’S FAILURE TO FULLY COMPLY WITH THE TOS RESULTS IN THE AUTOMATIC TERMINATION OF ANY WARRANTY APPLICABLE TO THE PRODUCTS AND SERVICES. (6) MEDWAND MAKES NO WARRANTY FOR ANY PRODUCTS OR SERVICES OBTAINED FROM THIRD PARTIES NOT AUTHORIZED BY MEDWAND TO USE PRODUCTS OR SERVICES PROVIDED TO USER BY MEDWAND.

24. Limitation of Liability

WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT MEDWAND SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF MEDWAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) ANY ACTION USER TAKES BASED ON THE INFORMATION RECEIVED IN THROUGH OR FROM THE SERVICES; (c) USER’S FAILURE TO KEEP USER’S PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; (d) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; OR (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.

25. Notice

Notices to User may be made via either email or regular mail. MedWand may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to User generally on or through the Products or Services.

Official notices related to this TOS must be sent to MedWand at:

MedWand Solutions, Inc.
ATTN: Legal Counsel
851 Rampart Boulevard

Suite 110 at Sir Williams Court

Las Vegas, NV 89145

 

Additionally, MedWand accepts service of process at this address. Any notices provided without compliance with this section on Notices shall have no legal effect.

26. Changes to the Terms of Service

MedWand may make changes to the TOS from time to time. When these changes are made, MedWand will make a new copy of the TOS available on its website and any new additional terms will be made available to User from within, or through, the affected Products or Services.

User acknowledges and agrees that MedWand may treat any use of the Products or Services after the date on which the TOS have changed as an acceptance by User of the updated TOS in effect as of the date of User’s usage.

27. Violation or Suspected Violation of Terms of Service

If User violates the terms of these TOS and/or MedWand has reasonable grounds to suspect that User has violated these TOS, MedWand has the right to suspend or terminate User’s account and refuse any and all current or future use of the Products or Services (or any portion thereof).

28. Miscellaneous

o        Entire Agreement. The TOS constitute the entire agreement between User and MedWand and govern User’s use of the Products or Services, superseding any prior agreements between User and MedWand on this subject. User also may be subject to additional terms and conditions that may apply upon the use of affiliate services, third-party content, or third-party software.

• Applicable law and arbitration. Except for any disputes relating to intellectual property rights, obligations, or any infringement claims, any disputes with MedWand arising out of or relating to the Agreement ("Disputes") shall be governed by Nevada law regardless of User’s country of origin or where User accesses MedWand, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in Las Vegas, Nevada, in English, with a written decision stating legal reasoning issued by the arbitrator(s) at either party's request, and with arbitration costs and reasonable documented attorneys' costs of both parties to be borne by the party that ultimately loses. Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.
• Waiver of Class Action. Use of MedWand’s Products or Services constitutes consent and agreement by both User and MedWand to waive any and all class action rights. No arbitrator or court may order, permit or certify a class action, representative action, private attorney general litigation or consolidated arbitration in connection with the Agreement to Arbitrate.  No arbitrator or court may or permit a joinder of parties in connection with the Agreement to Arbitrate unless both User and MedWand consent to such joinder in writing. User agrees to waive the right to initiate or participate in a class action, representative action, private attorney general litigation or consolidated arbitration related to this Agreement or User’s use of MedWand Products or Services.
• Waiver. The failure of MedWand to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
• Term for cause of action. User agrees that regardless of any statute or law to the contrary, any cause of action or claim arising out of or related to use of the Products or Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
• Admissibility of printed version. A printed version of this agreement, and of any notice given in electronic form, shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
• Section titles. The section titles in the TOS are for convenience only and have no legal or contractual effect.
• Severability Clause. If any portion of these TOS is found to be unenforceable, the remaining portion will remain in full force and effect.
• Amendments. We reserve the right to modify, supplement, or replace the terms of the Agreement, effective upon posting at www.MedWand.com or notifying User otherwise. If User does not want to agree to changes to the Agreement, User can terminate the Agreement at any time per Section 18 (Termination).
• Assignment. User may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. MedWand may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to User. We may also substitute, by way of unilateral novation, effective upon notice to User, MedWand for any third party that assumes our rights and obligations under this Agreement.
28. Ecommerce Policy

MedWand uses a secure, third-party service for credit card processing and accepts the following forms of payment:  American Express, Visa, MasterCard and Discover. For consumer users, Flexible Savings Accounts (FSA) and Health Savings Accounts (HSA) are also acceptable forms of payment because the MedWand Device is a medical device. As part of the purchase process, the purchaser or user agrees to allow MedWand to store the payment card for future service interactions made through the MedWand mobile app that have proper account authentication.

30. Shipment Policy
    • Shipment time: We strive to get your orders to you as quickly as possible. With MedWand’s Standard Delivery, your goods will be sent by United States Post Office or dispatched using an express courier service, subject to stock and payment clearance. You will receive your goods within 3 - 5 working days. We make every effort to deliver goods within the estimated time, however delays are occasionally inevitable, and we cannot be held liable for any loss caused to you by late delivery. For your protection, we will require a signature on delivery. We estimate for most orders to arrive within 2-7 business days after the order has been processed.
    • Guaranteed Next Day Delivery: When you upgrade to our Guaranteed Next Day Delivery service your goods will be dispatched using an express courier service, subject to stock and payment clearance. You will receive your goods the next working day if the order is placed before 1.00pm Pacific Time. We make every effort to deliver goods within the estimated time, however delays are occasionally inevitable, and we cannot be held liable for any loss caused to you by late delivery. For your protection, we will require a signature on delivery.
    • Shipping Procedures: We will send you a shipping confirmation email when your order has shipped. The email will include the USPS tracking number. You will be sent a shipping confirmation email with a tracking number for every shipment.
31. Foreign Shipment Policy:  Import duties and taxes may be levied once your order reaches your country. Charges depend on the value of the package and where it is being delivered to. We cannot control these charges nor predict what they might be. For further information on import duties and taxes please contact your local customs office.
32. Additional Shipping Terms: We aim to dispatch orders placed with MedWand before 1:00pm (Pacific Time) Monday through Friday the same day subject to stock and payment clearance.  Orders placed with MedWand after 1:00pm (Pacific Time) Monday through Friday, and orders placed with MedWand over weekends and bank holidays, will be dispatched the next working day subject to stock and payment clearance.
    • Your order may be delayed if your shipping address is different from your billing address (we use this additional time to help ensure the security of your credit information).
    • Most items are available to ship in 4-5 business days unless otherwise noted.

If you have any special requests in processing your order or questions about your shipment please send us an email at info@MedWand.com and we look forward in helping you with your request.

 

Updated September, 2015.