Terms of Use

Welcome to www.mhealthalert.com. As used in these Terms and Conditions of Use (“Terms”), the term “this Website” means this Website and all pages and content within this Website.

Use and Acceptance

mHealthAlert, Inc., (“mHealthAlert”) provides you with access to this Website, and the services provided by and through this Website (“Service” or “Services”) subject to these Terms. Please read these Terms carefully. By accessing or using this Website or any Service or Services, you agree without restriction to be bound by Terms and signify your agreement to, and acceptance of, all of these Terms. If you do not agree to follow and be bound by these Terms, you may not access, use or download materials from this Website, and you must exit this Website immediately.

Limited License

Subject to these Terms, mHealthAlert grants you a nonexclusive, nontransferable, revocable, limited license to access and use this Website and Services. mHealthAlert may revoke this license at any time, for any reason. Your use of this Website and Services is further subject to the terms of our Privacy Policy, which is posted on this Website.

Not Medical Advice

mHealthAlert is not engaged in the practice of medicine, whether by and through this Website or otherwise. This Website and the services are not intended to be a replacement for professional medical advice. This Website and the services do not constitue the practice of medicine, medical advice, diagnosis or treatment. You acknowledge and understand that you will seek the advice of a physician or other qualified health-care provider with any questions that arise regarding any medical condition. You assume sole responsibility for the proper use and scheduling of any medications, treatments and procedures related to healthcare and disease management. You acknowledge that all information and guidance provided by mHealthAlert is solely at your own risk and mHealthAlert assumes no responsibility for the accuracy or appropriateness of any information entered and stored by you either on the Website or any device you use to this Website or the services.

You understand that mHealthAlert does not endorse any particular physician or health-care provider for the treatment of any specific medical condition.

The information presented in this Website is general in nature and specifically disclaims any claims about the efficacy and safety of any product or service, including, without limitation, the products and services of mHealthAlert. You should not use any information in this Website as a means of diagnosing a medical condition or as a means of determining the treatment for any medical condition.

In the event of an emergency, call your doctor, 911, or your local emergency number.

Disclaimer of Warranties and Limitation of Liability

Neither mHealthAlert nor its employees, agents, suppliers, third party information providers, merchants, licensors, or the like warrant that this Website and the Services or their operation will be accurate, reliable, uninterrupted, or error-free. mHealthAlert will not be liable in any way to you or to any other person for:

  1. Any inaccuracy, error, or delay in, or omission of, any information or the transmission or delivery of any such information, or
  2. Any loss or damage arising from, or occasioned by,
    1. any such inaccuracy, error, delay, or omission
    2. nonperformance, or interruption in any such information, due to “force majeure” event, including, but not limited to, any natural disasters (flood, extraordinary weather conditions, earthquake, fire), war, insurrection, riot, labor dispute, accident, action of government, communications, electronic or power failure, telephone or other interconnect problems, unauthorized access, theft, operator errors, or equipment or software malfunction, or any other cause beyond the reasonable control of mHealthAlert.

This Website and services and all communications, information and products offered in connection with our websites and services are made available "as is" and "with all faults". Use of this Website and services is entirely at your own risk. mHealthAlert makes no representations or warranties and disclain all representations and warranties, with respect to this Website and services and the communications, information and products offered in connection with this Website and services, express or implied, written or oral, arisint from course of dealing, course of performance, usage or trade or otherwise, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, accuracy, systems integration, nointerference, quality, title and noinfringement. The entire risk as to satisfactory quality, performance, accuracy and effort with regard to any an all content and communications is assumed by you. To the extent permitted by applicable law, mHealthAlert will not be liable for any direct, special, indirect, incidental, consequential, exemplary, extracontractual, or punitive damages of any kind whatever, including, without limitation, bodily injury or death, or lost revenues or lost profits, which may or does result from the use of, access to, or inability to use this Website and services — including but not limited to that resulting from failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars or governmental restrictions — this Website and services, or the commnunications, information and products offered in connection therewith, regardless of legal theory, whether or not any party had been advised of the possibility or probability of such damages and even if the remedies otherwise available fail their essential purpose. Under no circumstances will the total liability of mHealthAlert to you or any other person or entity in connection with, based upon, or arising from this Website and services or the communications, information, or products offered in connection with this Website and services exceed the price paid by you, or for you, for use of this Website and services.

Links

mHealthAlert may include or post links to other websites within this Website. mHealthAlert is not responsible for the content of such linked websites or any of the products or services offered or provided by or through such linked websites, including information related to mHealthAlert products or services, and you should not consider the posting of any such link as an endorsement by mHealthAlert of the linked Website. mHealthAlert makes no representations or warranties as to the accuracy or reliability of any information presented in the linked Website or any product or service offered by and through the linked Website.

Further Restrictions on Your use of this Website

You will use this Website only for lawful purposes. In connection with your use of this Website or any Services, you will not engage in any conduct that, in any manner, inhibits or interferes with the ability of any other user to use this Website or the use of any Services including, without limitation, the defacing of any portion of this Website or engaging in any so-called “spamming” activity. You will not communicate with, on or through this Website in any unlawful, harmful, offensive, threatening, abusive, libelous, defamatory, obscene, profane, pornographic, sexually explicit, vulgar, bigoted or otherwise objectionable manner, including, without limitation, any manner that encourages activity that would constitute a criminal offense, give rise to civil liability or violate any law. Your use of this Website and any Service is at the pleasure of mHealthAlert and mHealthAlert may terminate your right to use this Website or any Service at any time and for any reason, in its sole and absolute discretion and without notice to you. You agree that mHealthAlert may modify or discontinue this Website and Services, with or without notice to you. You agree that mHealthAlert will not be liable to you or any third party as a result of such modification or discontinuation.

Your Feedback, Comments, Suggestions, Ideas and any Communications Made through the “Contact Us” Portion of this Website

You agree that any information that you submit to mHealthAlert through or in connection with this Website is non-confidential and non-proprietary. If you communicate or transmit any ideas, information, concepts, techniques, know-how or materials to mHealthAlert through this Website, you hereby grant mHealthAlert a perpetual, unconditional, unrestricted, irrevocable, fully paid and royalty free license to use and exploit the same in any manner and for any purpose, without any right to compensation from mHealthAlert and free of all moral, intellectual property, proprietary, trade secret, and other rights.

Copyrights

mHealthAlert retains full copyright ownership, rights, and protection in all material contained on this Website and Services (including, without limitation, all proprietary software developed with computer code). Except as otherwise expressly provided in these Terms, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on this Website and Services without the prior consent of the copyright owner. You agree not to modify any documents, graphics, images, or other material found on this Website and Services. You may, however, make single copies of materials displayed on this Website and Services for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on this Website and Services. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from mHealthAlert or the copyright owner of the copied material. None of the material contained on this Website and Services may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation, or otherwise), resold, or redistributed without the prior written consent of mHealthAlert. All content of mHealthAlert is Copyright © 2013 – 2014 mHealthAlert, Inc. All rights reserved.

Trademarks

The name mHealthAlert and all other trademarks, service marks, trade names, logos, domain names, URLs, and icons of mHealthAlert appearing on this Website and Services ("Marks"), registered or not, are the property of mHealthAlert or their respective owners. Nothing on this Website and Services grants you any right or license to use any of the Marks without the express written permission of mHealthAlert or the third-party owners of the Marks. Unauthorized use may violate trademark and other laws.

Indemnification

You agree to defend, indemnify, and hold mHealthAlert, its officers, directors, employees and agents, licensors, and suppliers harmless from and against any claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of this Website and Services in a manner that violates or is alleged to violate these Terms. mHealthAlert will provide you with prompt notice of any such claim, suit, or proceeding and will reasonably cooperate with you, at your expense, in your defense of any such claim, suit, or proceeding.

Privacy Protection

Personal data collected during visits to this Website is processed and handled by mHealthAlert in accordance with applicable law. As noted above, this Website may include links to other websites. You can find more information about how we handle and protect your data in the following paragraphs or in our Privacy Policy. mHealthAlert has no responsibility or liability for or relating to the privacy policies of any other Website, or the manner in which any data is collected or handled by any other Website.

Processing and Collection of Data

When you visit this Website, mHealthAlert servers and equipment may automatically record the following personal information and data: websites from which you visit this Website, the name of your internet service provider, the websites you visit, the date and length of your visit, and any personal or identifying information you send mHealthAlert through the “Contact Us” portion of this Website or any other portion of this Website. When you visit this Website, mHealthAlert servers and equipment may automatically record the following non-personal information and data: the links you click on from this Website, the search terms you use, the date and time you access this Website, which pages you visit on this Website, any internet address of websites from which you linked directly to this Website, the name of the domain from which you access the internet, and the type of web browser software you use. mHealthAlert may use cookies and active components (e.g. JavaScript) to track the preferences of visitors to this Website and optimize this Website and other mHealthAlert websites accordingly. mHealthAlert may use non-personal information for any purpose, without limitation. mHealthAlert may use personal information to respond and communicate with you, personalize access to this Website, send you information on new products or information on features of this Website that may be of interest to you, maintain records, enforce rules contained within these Terms, protect mHealthAlert property rights, protect the health, safety and welfare of others, to prepare, negotiate and perform a contract with you, establish or preserve a legal claim or defense, and to prevent fraud or other illegal activities. Your individual, identifiable, personal data will not be disclosed to third parties that are not affiliated with mHealthAlert without your consent. Please note that certain areas of many websites may not function properly if you reject a cookie.

Security

mHealthAlert uses security measures to protect the data it obtains through this Website against loss, destruction, manipulation, unauthorized disclosure and access by unauthorized persons. However mHealthAlert does not, and cannot, guarantee that personally identifiable information that you submit to or through this Website, or that is collected on this Website, will be secure.

Children

Consistent with the federal Children’s Online Privacy Protection Act of 1998 (COPPA), mHealthAlert will never knowingly request personally identifiable information from anyone under the age of thirteen (13) without requiring parental consent. Any person who uses this Website or provides their personal information to mHealthAlert through this web site represents that they are thirteen (13) years of age or older.

Governing Law and Jurisdiction

Your use of this Website or any Services, and the Terms, will be governed by the laws of the State of California, without regard to the laws of any jurisdiction that concern conflicts of laws. Any dispute relating to your use of this Website or any Service or the interpretation or enforcement of the Terms will be brought and resolved in state or federal courts located in the State of California. You consent and submit to the personal jurisdiction of the courts in the State of California.

Severability

If for any reason any provision of these Terms is determined to be unenforceable or invalid, such provision or such part thereof as may be unenforceable or invalid will be deemed severed from these Terms, and the remaining provisions of these Terms will be carried out with the same force and effect as if the severed provision or part thereof had not been a part of these Terms.

No Waiver

No waiver of any of these Terms will be deemed a further or continuing waiver of any of these Terms or any other term, condition, policy, or rule included in this Website.

Hold Harmless

If you violate these Terms or any other term, condition, policy, or rule included in this Website, you agree to hold mHealthAlert harmless from and against losses, costs, damages and liability resulting from such violation.

Paragraph Headings

Paragraph headings have been used in these Terms for convenience purposes only. They are not a part of the provisions to which they relate and they will not limit the scope of the provisions to which they relate.

Modification of Website’s Content or Terms

mHealthAlert may add content to this Website, delete content from this Website or modify any of the content of this Website at any time and for any reason without notice to you or any other person.

mHealthAlert may add, modify or amend these Terms at any time and for any reason without notice to you or any other person. You must review these Terms each time you enter this Website. By viewing content on this Website or using this Website, you accept the most recent version of these Terms.

You accept and agree to all other rules and policies related to this Website. You may also be subject to additional terms that may apply when you access certain areas or materials on this Website, or by following a link from this Website.

Survival

The provisions entitled "Limited License", "Not Medical Advice", "Disclaimer of Warranties and Limitation of Liability", “Copyrights", "Trademarks", “Governing Law and Jurisdiction”, “Severability”, “No Waiver”, "Hold Harmless", “Integration” and "Notice" will survive termination of this agreement.

Information You Provide

mHealthAlert has a Privacy Policy, which is posted on this Website, setting out mHealthAlert’s online information gathering and dissemination practices with respect to this Website and Services. View the Privacy Policy which is incorporated by reference in its entirety into these Terms.

Integration

These Terms and Conditions constitute the entire agreement between you and mHealthAlert regarding the subject matter hereof and supersedes any prior written or oral agreement or understanding.

Notice

You may give notice to mHealthAlert at any time via e-mail or by letter delivered by first-class postage prepaid mail or overnight courier to the following address:

Cystelcom

Toronga, 23

28043 Madrid, Spain

Phone: +34 913881929

Fax: +34 913883882

E-mail: info-esp@mhealthalert.com

Invitation

Subject to these Terms, mHealthAlert invites you to explore and enjoy this Website.

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