Disclaimer

 

Legal – Terms of Use

Terms of use agreement

 

This Terms of Use Agreement (this “Agreement”) is entered into by and between HeartBeat Technologies LTD. (the “Company”) and “you,” the user of this application, also known as the “HeartBeat” (the “Application”). Access or use of the Application is provided subject to the terms and conditions set forth herein. By accessing or using the Application, you hereby agree to these terms and conditions.

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT THE COMPANY’S LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING THE APPLICATION CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT THE APPLICATION IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE THE APPLICATION.


BY ENTERING AND USING THE APPLICATION, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS, THAT THE PROVISIONS, DISCLOSURES AND DISCLAIMERS SET FORTH HEREIN ARE FAIR AND REASONABLE, AND THAT YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS IS VOLUNTARY AND IS NOT THE RESULT OF FRAUD, DURESS OR UNDUE INFLUENCE EXERCISED UPON YOU BY ANY PERSON OR ENTITY.

MEDICAL ADVICE DISCLAIMER


The Company provides the Application and the services, information, content and/or data (collectively, “Information”) contained therein for informational purposes only. The Company does not provide any medical advice on the Application, and the Information should not be so construed or used. Using or accessing Application and/or providing personal or medical information to the Company does not create a physician-patient relationship between you and the Company. Nothing contained in the Application is intended to create a physician-patient relationship, to replace the services of a licensed, trained physician or health professional or to be a substitute for medical advice of a physician or trained health professional licensed in your state or country. You should not rely on anything contained in the Application, and you should consult a physician licensed in your state or country in all matters relating to your health. You hereby agree that you shall not make any health or medical related decision based in whole or in part on anything contained in the Application.

 

FINANCIAL, LEGAL AND OTHER ADVICE DISCLAIMER


You hereby acknowledge that nothing contained in the Application shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and the Company. You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in the Application.

 

DISCLAIMER OF ALL WARRANTIES
The Information made available at the Application is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied, including, without limitation, warranties of title, noninfringement, and implied warranties of merchantability or fitness for a particular purpose. Without limiting the generality of the foregoing, the Company makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Information, that the Information may be relied upon for any reason or that the Information will be uninterrupted or error free or that any defects can or will be corrected.
Without limiting the generality of the foregoing, the Company makes no representations or warranties with respect to any Information offered or provided within or through the Application regarding treatment of medical conditions, action, or application of medication.
Under no circumstances, as a result of your use of the Application, will the Company be liable to you or to any other person for any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages. Without limiting the generality of the foregoing, the Company shall have absolutely no liability in connection with the Application for:
1. damages as a result of lost profits, loss of good will, work stoppage, failure of performance, delays in operation or transmission, nondelivery of information, deletions of files, mistakes, defects, errors, interruptions or computer failure or malfunction;
2. any loss or injury caused, in whole or in part, by the Companies’ actions, omissions, or negligence, or for contingencies beyond the Companies’ control, in procuring, compiling, or delivering the Information;
3. any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or
4. any decision made or action taken or not taken in reliance upon the Information.

AGE RESTRICTION
The Application is intended for persons eighteen (18) years or older. Persons under the age of eighteen (18) should not access or use Application.

 

INDEMNIFICATION
You agree to indemnify and hold the Company harmless from any claim or demand, including attorneys’ fees, made by any third party as a result of (1) any content posted or made available by you on this Application, (2) any violation of law that occurs by you through the Application, and/or (3) anything you do using the Application and/or the Information contained therein.

 

INVALIDITY
If any provision of this Agreement is held to be invalid or unenforceable in whole or in part in any jurisdiction, then that provision shall be deemed ineffective in such jurisdiction but shall have no effect on the enforceability of the remaining provisions.

GOVERNING LAW, CONSENT TO JURISDICTION AND LIMITATION ON CLAIMS
This Agreement and your use of the Application, along with the Information contained therein, shall be governed by and construed in accordance with the laws of Israel without regard to conflict of laws principles, and you agree to submit to the jurisdiction of courts in the Country of Israel. You further agree that any claims or causes of action arising out of or related to this Agreement and the Application, along with the Information contained therein, shall be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action shall be forever barred.

 

ENTIRE AGREEMENT
You hereby acknowledge that this Agreement represents the entire understanding between you and the Company concerning your use of the Application and the Information contained therein.

 

MODIFICATION
The Company may, in the Company’s sole and absolute discretion, modify the terms and conditions of this Agreement in whole or in party at any time for any reason without any notice to you, whether prior or otherwise. Such modified terms and conditions shall supersede these terms and conditions and shall become binding when published online on the Application.

 

WAIVER
The Company’s failure to exercise or enforce any right or provision of this Agreement shall not be deemed to be a waiver of such right or provision.

 

THE APPLICATION AND THE INFORMATION CONTAINED THEREIN IS MADE AVAILABLE BY THE COMPANY FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE MEDICAL ADVICE. BY ACCESSING AND USING THE APPLICATION, YOU UNDERSTAND AND ACKNOWLEDGE THAT THERE IS NO PHYSICIAN-PATIENT RELATIONSHIP BETWEEN YOU AND THE COMPANY. YOU FURTHER ACKNOWLEDGE YOUR UNDERSTANDING THAT THE APPLICATION SHOULD NOT BE USED AS A SUBSTITUTE FOR COMPETENT MEDICAL ADVICE FROM A LICENSED PHYSICIAN IN YOUR STATE.