TERMS OF SERVICE
***By using the eHeart Monitor app, the eHeart Remote Check-In app, or the eheartmonitor.technology website, you agree to the following Terms of Service***
eHeart Health Monitoring LLC designs software products and tools that integrate non-medical physiological sensors with mobile computing devices (smartphones, tablets, and computers) to create safety enhancing “Personal Alert Systems” that can share personal status (sensor status) with remote persons.
This website, and its companion mobile applications eHeart Monitor and eHeart Remote Check-In, are operated by eHeart Health Monitoring LLC. Throughout the site, the terms “we”, “us”, “our”, and “Company” refer to eHeart Health Monitoring LLC. eHeart Health Monitoring LLC offers this website, the eHeart Monitor mobile application, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
These terms govern your use of our services, our websites, software embedded in our eHeart Monitoring devices, and memberships. You must accept these Terms to create an account with eHeart Monitoring and to use the eHeart Monitoring services and/or devices. IF YOU DO NOT ACCEPT THESE TERMS DO NOT USE THE EHEART MONITORING SERVICE OR DEVICE, DO NOT VISIT [eHeartMonitor.com or eHeartMonitor.technology] AND DO NOT CREATE AN ACCOUNT.
By visiting our websites and/or using the eHeart Monitor mobile application (websites & apps collectively referred to as “Software” or “Service” hereafter), and/or by purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
These Terms of Service apply to all users of the Software, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
You must read these Terms of Service carefully before accessing or using our Software. By accessing or using any part of the Software, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Software or use any related services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
These Terms may change: Any new features or tools which are added to the Software shall also be subject to the Terms of Service. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Software. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE AND SOFTWARE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Software, and are not barred from receiving services under applicable law
You may not use our Software for any illegal or unauthorized purpose in your jurisdiction (including but not limited to copyright laws).
You agree that you will not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services and access to the Software.
Use of the Software requires access to a compatible computer or mobile computing device and Internet access. The maintenance and security of this computing and/or network equipment may influence the performance of the eHeart Monitoring equipment. It is your sole responsibility to ensure the equipment’s functionality.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that content you add (“Your Content”) to the publicly accessible website (not including credit card information or sensor data), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. Data sent by the Software is always encrypted over networks. Data transmitted from wearable sensors to the Software over Bluetooth Smart, a Personal Area Network (“PAN”), may be encrypted depending on sensor features and your PAN configuration.
You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms. You also represent and warrant that Your Content and the use and provision of Your Content on the eHeart Monitoring Service will not: (a) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading or deceptive; (d) be defamatory, obscene, pornographic, vulgar or offensive; (e) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (f) promote illegal or harmful activities or substances.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
You understand that eHeart Monitor, our Software and/or Service, and the individual components that make up the system in its different forms are not medical devices and are not intended to diagnose or treat medical conditions. Users should not utilize eHeart Monitoring as a medical device, but only for anecdotal informational purposes. eHeart Monitoring is not intended to diagnose, treat, cure or prevent any disease. eHeart Monitor is not intended to monitor medical conditions. If you experience a medical emergency, stop using eHeart Monitor and consult a medical professional immediately.
eHeart Monitor components have not been evaluated for use by persons utilizing pacemakers and similar implanted devices. Please consult with your physician before using eHeart Monitor if you use a pacemaker or similar implanted device.
Some eHeart Monitor components are wearable. In the event of skin irritation, allergic reaction, or similar reaction to eHeart Monitor wearable components please discontinue use and consult a physician if the condition persists. If you start to experience redness or skin irritation, remove your device.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Use eHeart Monitoring at your own risk. eHeart Monitoring makes no endorsement, representation or warranty of any kind about any eHeart Monitoring content, information, Software, services, recommendations, or devices. We are not responsible for the accuracy, reliability, effectiveness, or correct use of the information you receive through the eHeart Monitoring Software. If you rely on any eHeart Monitoring content, device, or service, in any way then you do so solely at your own risk.
We are not responsible if information made available on our websites and Software is not accurate, complete or current. The material on the sites is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on our websites is at your own risk.
The Software may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Consult your doctor before using eHeart Monitoring.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products and services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS AND MONITORING SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected except as provided for in our Returns Policy.
Do not use eHeart Monitor Software or Services to monitor medical conditions and/or persons where failure of the monitoring system could endanger the monitored subject. eHeart Monitor Software and Services rely on wireless Bluetooth, wifi, and cellular data networks and those wireless technologies can experience outages or interference that prevent the Software from operating properly.
eHeart Monitor Software and Services provide behavioral visibility that is complimentary to proper adult supervision of an individual. Eheart Monitor Software and Services are NOT a substitute for proper adult supervision of individuals.
Our Personal Alert Systems (further referred to as “System”) are Android wireless telephones, tablet computing devices, or Television Set-Top Boxes that run our Software. The System purchased by you (hereafter “you” or “User”) is your property. During the term of your services you agree to dedicate use of the System as a platform for running the Software. The System may also be utilized for wireless telephone service with your service provider if applicable. Use of the System for anything other than running the Software and/or a personal wireless phone is not recommended and may degrade the effectiveness of the System. The user of the System can send an alarm signal if they need help or assistance by pressing the wearable emergency button included with the System, assuming the Subscriber is within range of the System. You understand that the eHeart Monitor product requires use of the System since there is no other way to monitor the user without the System and accessories.
Our Systems contain software that monitors sensor readings and securely transmits user status, notifications and alerts to family and caregivers with the help of our secure internet servers. On our website, we maintain tools that allow you to manage your account and it’s features. These items are collectively referred to as the “Service.”
LIMITATIONS OF THE PRODUCTS AND SERVICES
Company is not responsible for the promptness, sufficiency or adequacy of the action of the System and Software. Company will not send a Responder or any of its personnel to the Subscriber location in response to an emergency signal. Neither the System nor the Software can prevent death, bodily or personal injury, or any other harm or damage to the User or others who use them. The System and the Software rely on the availability of the User’s home, cellular, or other network connection, and the availability of global positioning system (“GPS”) data to operate properly. These systems are provided by third parties and cannot be controlled by Company. There is always a chance that the System or Software may fail to operate properly. The Fall Detection Sensor does not detect 100% of falls. If User is able, User should press the help button on the Alert Sensor in the event of an emergency.
eHeart Monitor Software and Services rely on wireless Bluetooth, wifi, and cellular data networks and those wireless technologies can experience outages or interference that prevent the System and/or Software from operating properly.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy (https://eheartmonitor.technology/?page_id=922).
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any controls or input.
You acknowledge and agree that we provide access TO SUCH TOOLS “AS IS,” WITHOUT WARRANTY OF ANY KIND, WITHOUT LIMITING THE FOREGOING, EHEART MONITORING EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE WITH THIRD-PARTY TOOLS. We shall have no liability whatsoever arising from or relating to your use of, or inability to use, optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Software, the System, or our other Products and Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
THE EHEART MONITORING DEVICE, SERVICE AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, WITHOUT LIMITING THE FOREGOING, EHEART MONITORING EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE EHEART MONITORING DEVICE, SERVICE OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS.
We do not guarantee, represent or warrant that your use of our services will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will meet your expectations of accuracy or reliability. You may cancel our service at any time and for any reason. Please refer to our Refunds Policy.
You agree that from time to time we may perform “systems maintenance” on the service making it unavailable for indefinite periods of time, without notice to you. Please refer to our website for any notices of planned downtime or systems maintenance.
The Software, Services, and System delivered to you by the Company are provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, accuracy, timeliness, title, and non-infringement.
In no case shall eHeart Health Monitoring LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, death, expense, loss, or other claim, or any other direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of (or inability to use, or lack of use of) any of the services or products offered by the Company. In no case shall eHeart Health Monitoring LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of the possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EHEART MONITORING LLC AND OUR PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, INTERNS, EMPLOYEES AND ANYONE ACTING ON OUR BEHALF, HARMLESS FROM ANY CLAIM OR DEMAND including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Johnston County, North Carolina USA 27528.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.