MedWand Terms of Service
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.
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.
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.
By accessing or using Products
or Services, User agrees to, acknowledges, and represents as
follows:
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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.
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.