Thank you for using the Cardiac Watch | Important Information About the Cardiac Watch
In today’s world of lawyers and legal terminology, it is important that although we know through our own testing that our Cardiac Watch device is an excellent method to monitor your heart and its primary functions, never the less, we cannot guarantee that the Cardiac Watch is a foolproof device to detect any type of heart problem or malfunction and should be viewed as a monitoring aid and not a medical device. It is designed to assist you in monitoring your heart, but should not under any circumstance be used as a substitute for medical advice, directions or a device provided to you by your doctor.
This website may contain general information relating to various medical conditions and their treatment. Such information is provided for informational purposes only and is not meant to be a substitute provided by a doctor or other qualified health care professional. Users of this site or device should not use the information contained herein for diagnosing a health or fitness problem, or disease. A person should always consult with a doctor or other health care professional for medical advice or information about diagnosis or treatment.
The Cardiac Watch will provide you with what it monitors from your wrist on how your heart is beating but has not been evaluated by the FDA for accuracy and we make no such claim as to the accuracy of the product. There is no guarantee or assurance that it can detect every problem on how your heart is working as the human body is a complex organism and should be used as a tool to help you monitor your cardiac functions but is not a medical device. There fore by using the Cardiac, you agree to the statement that we as the manufacturers and distributors of the device cannot be held responsible if the Cardiac 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 as with everything in the human body, nothing can be 100% accurate and by purchasing the Cardiac, you agree to these statements and you do not expect the Cardiac Watch to detect all or any forms of heart problems or condition and are only using it as an aid to assist you in your pursuit of good health.
The Effective Date of this Terms of Service is July 1st, 2019.
These Terms supersede any prior agreements or earlier versions of these Terms between you and Cardiac Watch for the use of the Services.
The CardiacWatch.com service consists of the Cardiac Monitoring Device (as defined below), and other products, services and web sites hosted or made available by CardiacWatch.com, which enable you to do many 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 CardiacWatch.com, if you reside in the United States or Canada, then the other party to this contract is The CardiacWatch.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 CardiacWatch.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 CARDIAC 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.
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 CARDIAC WATCH FOR THE PAST 12 MONTHS OF THE SERVICES IN QUESTION.
No Class Actions.
By agreeing to these terms, You accept and understand 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 state courts of Vancouver, BC, Canada(CA). Both you and the CardiacWatch.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 Vancouver, BC, Canada. Both you and CardiacWatch.com consent to venue and personal jurisdiction there.
All questions, concerns, emails and inquiries should be forwarded to the below address.
The Cardiac Watch
The Cardiac Watch
777 DUNSMUIR STREET, 14TH FLOOR,
VANCOUVER BC, V7Y 1K4