The Effective Date of this Terms of Service is January 1, 2016.
These Terms supersede any prior agreements or earlier versions of these Terms between you and The Heart Watch.com for the use of the Services.
Thanks for using the Heart Watch.
Important Information About the Heart Watch
In today’s world of lawyers and legal terminology, it is important that although we know through our own testing that our Heart Watch device is an excellent method to monitor your heart and its primary function ( and we use it ourselves ) we cannot guarantee that the Heart Watch is a foolproof device to detect any type of heart problem or malfunction. It is an advanced heart monitoring device, but should not be used as a substitute for sound medical device or a device provided you to by your doctor.
The Heart Watch will provide you with what it monitors from your wrist on how your heart is functioning but has not been evaluated by the FDA for accuracy. There is no guarantee or assurance that it can detect every or any problem on how your heart is working as the human body is a complex organism. There fore by using the Heart Watch, you agree to the statement that we as the manufacturers and distributors of the device cannot be held responsible if the Heart Watch does not detect a heart condition or problem as it is impossible to make such a guarantee.
It can be used as a potential early warning device but should be viewed as a novelty item intended to provide only information as a fitness watch. By purchasing the Heart Watch, you agree to these statements and you do not expect the Heart Watch to detect with accuracy all heart problems.
The Heart Watch.com service consists of the Heart Watch Device (as defined below), and other products, services and web sites hosted or made available by The Heart Watch.com, which enable you to do many wonderful things on multiple mobile devices and computer systems (collectively, the “Service”). In exchange for being enabled to use the Service, you agree to abide by these Terms.
Parties of this Agreement.
You are one party to this contract. Except as explained in our Commercial Terms with respect to certain purchases from The Heart Watch.com, if you reside in the United States or Canada, then the other party to this contract is The Heart Watch.com, a corporation based in Alberta Canada. If you reside outside of the United States or Canada, then the other party to this contract is The Heart Watch.com International.
Your Information & Your Permissions.
When you use our Services, you provide us with things like your name, email, biometric data and so on (“Your Information”). Your Information is yours. These Terms don’t give us any rights to Your Information except for the limited rights that enable us to offer the Services.
We need your permission to do things like hosting Your Information, backing it up, and sharing it when you ask us to. Our Services also provide you with features that may require our systems to access, store and scan Your Information. You give us permission to do those things, and this permission extends to trusted third parties we work with.
Right to Modify the Services.
We retain the right, in our sole discretion, to implement new elements as part of and/or ancillary to the Services, including changes that may affect the previous mode of operation of the Service. We expect that any such modifications will enhance the overall Service, but it is possible that you may not agree with us. We also reserve the right to establish limits to the nature or size of storage available to you, or your continued ability to access or share, Your Information and other data, and impose other limitations at any time, with or without notice.
Our intellectual property rights.
The Services are protected by copyright, trademark, and other US and foreign laws. These Terms don’t grant you any right, title or interest in the Services, others’ content in the Services, trademarks, logos and other brand features. We welcome feedback but note that we may use comments or suggestions without any obligation to you.
Services “AS IS”.
We strive to provide great Services, but there are certain things that we can’t guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, THE HEART WATCH AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. YOUR USE OF THE SERVICES AND THE PURCHASE AND USE OF ANY PRODUCTS ARE ALL AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED “AS IS.” AND PRODUCTS ARE SOLD ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states don’t allow the disclaimers in this paragraph, so they may not apply to you.
Limitation of Liability.
You also acknowledge that a variety of actions may impair or prevent you from accessing Your Information or using the Services at certain times and/or in the same way, for limited periods or permanently, and agree that the Heart Watch has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any of Your Information. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Services.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE HEART WATCH, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO THE HEART WATCH FOR THE PAST 12 MONTHS OF THE SERVICES IN QUESTION. Some states don’t allow the types of limitations in this paragraph, so they may not apply to you.
No Class Actions.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
Judicial forum for disputes.
In the event that the agreement to arbitrate is found not to apply to you or your claim:
If you are a resident of the United States or Canada, you agree that any judicial proceeding (other than small claims actions) will be brought in the federal or provincial courts of Calgary, Alberta, Canada(CA). Both you and the Heart Watch.com sent to venue and personal jurisdiction there. If you reside outside of the United States, Canada, you agree that any judicial proceeding (other than small claims actions) will be brought in the courts of Calgary, Alberta, Canada. Both you and The Heart Watch.com consent to venue and personal jurisdiction there.