TERMS OF SERVICE

Information

These Terms of Service (the “Terms”) are a legal contract between you and Healthwatch Ltd. an Israeli company (“Healthwatch”, “we” or “us”). These Terms explain how you are permitted to use the Healthwatch website located at www.personal-healthwatch.com (the “Site”) and any content therein (collectively, the “Services”). Unless otherwise specified, all references to the Services include the services available through the Site and any other Materials (as defined below). By using the Services, you are agreeing to all of the Terms; if you do not agree with any of these Terms, do not access or otherwise use the Services.

Changes

Healthwatch may make changes to the Services at any time. Healthwatch can change, update, or add or remove provisions of these Terms at any time by posting the updated Terms on the Site or by posting a notice on the Services. By using the Services after Healthwatch has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using Services.

General Use

Some aspects of the Services or the Services in their entirety may not be available in all locations, and we may block access to some or all of the Services from certain locations based on your device’s geolocation information. We may add to or remove the areas in which the Services are or are not available partially or fully, at any time, without notice to you.

By using, you represent, acknowledge and agree that you are at least 13 years of age. If you are not at least 13 years old, you may not use the Services at any time or in any manner.

We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, without notice and in our sole discretion, terminate your right to use the Services, or any portion thereof, and block or prevent your future access to and use of the Services or any portion thereof.

Services

Healthwatch has developed and markets smart digital garments with interwoven sensors unobtrusively measuring vital health signs.

Healthwatch provides content through the Services that is copyrighted and/or trademarked work of Healthwatch or Healthwatch’s third-party licensors and suppliers or other users of the Services (collectively, the “Materials”). Materials may include logos, text graphics, video, images, photos, software and other content.

Subject to these Terms, Healthwatch hereby grants you a limited, non-exclusive, non-sublicensable, non-transferable and revocable license to use and to display the Materials and to use the Services solely for your personal, non-commercial use. Except for the foregoing license, you have no other rights in the Services or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Services or Materials in any manner.

You may use the Services for your personal, non-commercial use. You may not: (i) modify, disassemble, decompile or reverse engineer any part of the Services, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Services to any third-party or use the Services to provide time sharing or similar services for any third-party; (iii) make any copies of the Services; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on use of the Services; or (v) delete the copyright and other proprietary rights notices on the Services.

Except for the limited rights expressly licensed in these Terms, Healthwatch and its third-party licensors or suppliers retain all right, title, and interest in and to the Services.

If you breach any of these Terms, the above license will terminate automatically and you must immediately stop using the Services and destroy any downloaded or printed Materials.

It is your responsibility to ensure your computer or mobile device meets all the necessary technical specifications to enable you to access and use the Services. Healthwatch does not provide you with the equipment to access and/or use our Services.

Unauthorized Activities

When using any part of the Services, you agree not to:

  1. Access the Services if you are barred from receiving the Services under the provisions of these Terms or any applicable law;
  2. Promote, host, display or implement the Services on any websites that: (i) contain indecent, obscene or pornographic material, hate speech, highly explosive subject matter (as determined by Healthwatch at its sole discretion), defamatory, libelous, obscene, gambling related, discriminatory, deceptive, abusive spyware, adware, or other malicious programs or code, unsolicited mass distribution of email, or any illegal subject matter or activities or otherwise offensive content, or content addressed to individuals under the age of 13; (ii) incorporate any materials that infringe or assists others to infringe on any copyright, trademark or other intellectual property rights; (iii) are an incentive-based website, such as a lottery or sweepstakes site which rewards users for clicking on links; (iv) openly encourage users to click on banner ads or other sponsored links to support the site; or (v) infringe any right of any third party or violate any applicable law or regulation;
  3. Copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except if expressly authorized by Healthwatch or by applicable statutory law), modify or alter any part of the Services;
  4. Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or the computers of other users of the Services;
  5. Advertise, solicit or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim or spam) to anyone;
  6. Violate the contractual, personal, intellectual property or other rights of any party including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
  7. Improperly use support channels or complaint buttons to make false reports to Healthwatch;
  8. Develop and distribute “auto” software programs, “macro” software programs or other “cheat utility” software programs or applications;
  9. Encourage any third party to: (i) directly or indirectly generate usage, queries, impressions, or clicks through any automated, deceptive, fraudulent or other invalid means; (ii) edit or modify any tag, or remove, obscure or minimize any tag in any way; or (iii) engage in any action or practice that reflects poorly on Healthwatch or otherwise disparages or devalues Healthwatch’s reputation or goodwill;
  10. Make representations with respect to Healthwatch, not approved in advance and in writing by Healthwatch. You shall obtain Healthwatch’s prior written approval to the content of any marketing message, and with respect to any use of Healthwatch’s trade name and/or trademarks and/or designs in connection with the Services;
  11. Violate any applicable laws or regulations, or encourage or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services;
  12. Attempt to use the Services on or through any service that is not authorized by Healthwatch. Any such use is at your own risk and may subject you to additional or different terms. Healthwatch takes no responsibility for your use of the Services through any service that is not authorized by it;
  13. Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Services; and/or
  14. Interfere with the ability of others to enjoy using the Services, including disruption, overburden or aid the disruption or overburdening of the Services’ servers, or take actions that interfere with or materially increase the cost to provide the Services for the enjoyment of all its users.

 

This list of prohibitions provides examples and is not exhaustive or exclusive. Healthwatch reserves the right to terminate your ability to use the Services and/or, with or without cause and with or without notice, for any reason or no reason, or for any action that Healthwatch determines is inappropriate or disruptive to the Services or to any other user of the Services. Healthwatch may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Healthwatch’s discretion, Healthwatch will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Services or on the Internet.

You agree to indemnify and hold Healthwatch and its officers, directors, employees, consultants, affiliates, agents, licensors, and business partners (collectively, the “Indemnified Entities”) harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Healthwatch or any other Indemnified Entity suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Services or the use of the Services by any person on your behalf, violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.

Disclaimer of Warranties

Your use of the Services is at your own risk. The Materials may not have been verified or authenticated in whole or in part by Healthwatch, and they may include inaccuracies or typographical or other errors. Healthwatch does not warrant the accuracy of timeliness of the Materials contained on the Services. Healthwatch has no liability for any loss of, or errors or omissions in the Materials or any other portion of the Services, whether provided by Healthwatch, our licensors or suppliers or other users.

HEALTHWATCH, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SERVICES OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SERVICES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, MATERIALS AND ANY OTHER PORTION OF THE SERVICES OR ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SERVICES IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING, HEALTHWATCH DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

Limitation of Liability

IN NO EVENT WILL HEALTHWATCH BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES EVEN IF HEALTHWATCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, HEALTHWATCH SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SERVICES.

YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES. YOUR ONLY REMEDY AGAINST HEALTHWATCH FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. IF, NOTWITHSTANDING THESE TERMS, HEALTHWATCH IS FOUND LIABLE TO YOU FOR ANY DAMAGE OR LOSS THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES, HEALTHWATCH’S LIABILITY SHALL IN NO EVENT EXCEED ONE U.S. DOLLAR ($1.00) IN THE AGGREGATE.

THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY TO THE EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Local Laws; Export Control

You are responsible for following all applicable laws and regulations, including but not limited to laws and regulations regarding the transmission of technical data exported from the country in which you reside.

Third Party Materials

You may be able to access, review, display or use third party services, resources, content, information or links to other websites or resources (“Third Party Materials”) via the Services. You acknowledge sole responsibility for and assume any and all risks arising from your access to, use of or reliance upon any such Third Party Materials, and Healthwatch disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third Party Materials through the Services. You acknowledge and agree that Healthwatch: (i) is not responsible for the availability, accuracy integrity, quality or lawfulness of such Third Party Materials or the products or services on or available from such Third Party Materials; (ii) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials; and (iii) does not make any promises to remove Third Party Materials from being accessed through the Services. Your ability to access or link to Third Party Materials or third party services does not imply any endorsement by Healthwatch of Third Party Materials or any such third party services.

These Terms do not authorize you to, and you may not use any Third Party Materials except as expressly permitted by the owners of such Third Party Materials and such owners may have the right to seek damages against you for any unauthorized use of their Third Party Materials.

Without derogating from any of Healthwatch’s rights and remedies under these Terms and/or under law, Healthwatch will be entitled, at its sole discretion, to immediately discontinue the Services or any part thereof, in the event of any alleged infringement, misappropriation or violation of any rights of any third parties in connection with the Third Party Materials.

You may not use any Third Party Materials for which you have not obtained appropriate approval to use. Healthwatch cannot grant permission to use third party content.

Cookies

Like many websites, we may use “cookies” to collect information. A cookie is a small data file that is transferred to your computer’s hard disk or your mobile device for record-keeping purposes. Cookies may be sent to a user’s computer or a mobile device when such user accesses or views a Service. Information contained in a cookie may be linked to personal information for purposes such as improving the quality of our Services, tailoring recommendations to interests, and making the Services easier to use. Third party advertisers on the Services may also place or read cookies on your computer or mobile device. Cookies can be disabled at any time by changing your web browser’s options to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. Note however, that if you do not accept cookies, however, you may not be able to use all portions or functionalities of the Services.

Linked Sites

The Services may contain links to other websites or resources (“Linked Sites”). The Linked Sites are not under the control of Healthwatch and Healthwatch is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Healthwatch is not responsible for webcasting or any other form of transmission received from any Linked Site. The inclusion of any link does not imply endorsement by Healthwatch of the site or any association with its operators. You acknowledge and agree that Healthwatch will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Feedback

If you send or transmit any communications, comments, questions, suggestions, or related materials regarding Healthwatch or the Services, whether by email or otherwise (collectively, “Feedback”), such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Healthwatch is free to use, without any attribution or compensation to you, any and all Feedback for any purpose whatsoever. You understand and agree that Healthwatch is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

General

These Terms, and any disputes arising from or relating to the interpretation thereof, shall be governed by and construed under Israeli law as such law applies to agreements between Israeli residents entered into and to be performed within Israel by two residents thereof and without reference to its conflict of laws principles or the United Nations Conventions for the International Sale of Goods. Except to the extent otherwise determined by Healthwatch, any action or proceeding arising from or relating to this Agreement must be brought in a court in Tel Aviv, and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Healthwatch’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and Healthwatch and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Healthwatch about the Services. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

Copyright Policy

Healthwatch respects the intellectual property rights of others. If you believe that your intellectual property appears on the Services in violation of your copyright, please provide Healthwatch’s designated agent the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Services, and information reasonably sufficient to permit Healthwatch to locate the material.
  • Information reasonably sufficient to permit Healthwatch to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Healthwatch’s agent for notice of claims of intellectual property infringement on the Services can be reached at the following email address: info@personal-healthwatch.com

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to Healthwatch designated agent that includes all of the following information:

  • Your physical or electronic signature;
  • Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  • A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification; and
  •  Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Healthwatch may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Contact Us

If you have any questions about these Terms or otherwise need to contact Healthwatch for any reason, you can reach us at info@personal-healthwatch.com

 

Last update: June 20 2016.

All rights reserved, Healthwatch Ltd.