All health-related information contained within the Site is intended to be general in nature and is not intended as clinical advice. Nothing on our Site should be used as a substitute for professional medical advice and should not be construed as recommending any particular healthcare treatment or plan. Your treating provider should be consulted regarding matters concerning the diagnosis, treatment and care of you and your family.
THIS IS A BINDING CONTRACT. PLEASE READ IT CAREFULLY BEFORE USING THE SITE OR SERVICE.
BY USING THE SITE OR SERVICES, YOU ARE AGREEING TO THESE TERMS.
DO NOT USE THIS SERVICE FOR EMERGENCY MEDICAL NEEDS. If you experience a medical emergency, call 911 immediately.
1. Acceptable Use of the Site and Services
You are responsible for your use of the Site and Services, and for any use of the Site or Services made using your account. Our goal is to facilitate safe, secure, and convenient remote electrocardiogram (“ECG”) services. To promote this goal, we prohibit certain kinds of conduct that may be harmful to you or to us. When you use the Site or Services, you may NOT:
violate any applicable laws, including and without limitation, intellectual property laws, privacy laws, anti-spam laws, and export control laws;
act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;
engage in web spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site or Services;
transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
impersonate any person or entity, create a false identity, or perform any other similar fraudulent activity;
use any means to scrape or crawl any Web pages contained in the Site;
attempt to circumvent any technological measure implemented by us or any other third party to protect the Site or Services;
attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site or Services;
sell, sponsor, or otherwise monetize or commercialize any feature or content of the Site or App;
copy content, performance, or functionality of the Site or App for any competitive purpose; or
advocate, encourage, or assist any third party in doing any of the foregoing.
2. User Access
To access certain features of our Site or App, you will need to provide certain contact information. When you register for the Services, you will need to create an account by entering your name, email address, password, contact information, and certain other information collected by the Site and Services. You may not transfer or share your account password with anyone, or create more than one account. Your access is specific to you and you are responsible for anything that happens through your access unless you report misuse. You promise that you will only post information and content that (A) you have the right to share; (B) does not violate the law or anyone’s rights (e.g., without violating any intellectual property rights or breaching a contract); and (C) is truthful. We are not obligated to publish any information or content on the Site and can remove any content in our sole discretion, with or without notice.
To protect your personal data and privacy, please do not share your account information with others. In the case of multiple users in the same household, each user will need to establish his or her own account.
When you upload an ECG to the Site or App, you may request that your physician interpret the results. A routine ECG reading is reviewed by the physician typically within two (2) weeks. If you would like your ECG interpreted sooner than two (2) weeks, please contact your physician’s office during office hours or exchange service for further instructions. You may also request our cardiologist to perform the Services for routine, urgent, and stat ECGs through the Site or App.
You represent that by using the Service, you are at least eighteen (18) years of age.
Your access to the Site or App does not give you any right, title or interest in the Site or App. You may not, with respect to the source code, design, or any other intellectual property related to the Site or App, copy; download; modify or create derivative works based upon; decompile, disassemble, or reverse engineer; defeat, disable, or circumvent any protection mechanism; make accessible to the public or third parties, whether over networks, electronic bulletin boards, websites, or otherwise; sell, license, sublicense, lease, rent, distribute, disclose, or transfer to any third party, whether for profit or without charge; or distribute on any media.
We have the right to use “cookies” and other similar functions on computer(s) and other devices you may use to access the Site or App for purposes of better functionality, identification, and communicating matters that may be important or of interest to you.
We also have the right to use the ECG data you upload to our Site and App after it has been de-identified in accordance with 45 C.F.R. § 164.514(b)(1)-(2). De-identified data may be used for both internal and commercial purposes, including the development of our algorithms and to improve our Services.
You own all of the content, feedback and contact information that you provide to us on the Site (“Your Content”). By entering Your Content, you grant to us a non-exclusive, worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process Your Content, without any further consent, notice or compensation to you or others. We have the right to compile, analyze, share and otherwise use your information, including Your Content, at our discretion, including for the purposes of improving our Site and Services. To retract this license, notify us in writing. Our license will terminate upon receipt of such notice, provided that reasonable time shall be permitted for us to remove Your Content from our systems. Removal of Your Content does not apply to information that was previously shared, copied, or accessed and does not apply to the extent that Your Content must be retained for legal compliance or audit purposes.
7. Changes to the Site or Services
We enhance and update the Site, App, and Services often. Any upgrades requiring action by you will be sent via push notifications. You hereby agree to take timely action to accept such upgrades, either manually or by enabling automatic updates in the system settings. We may change or discontinue the Site, App, or Services at any time. To the extent allowed under law, these changes may be effective upon notice provided on the Site or App. In addition, we cannot promise that the Site or App will be available whenever and wherever you try to access it. You acknowledge and agree that at times you will not be able to access parts or all of the Site or App and that if the Site or App becomes unavailable during your use, Your Content or other data entered by you may be lost.
We reserve the right to not provide the Site, App, or Services to any person. We also reserve the right to terminate any user’s right to access the Site, App, or Services at any time, in our discretion.
9. Disclaimer and Limitations on Our Liability
THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR MOBILE DEVICE MUST HAVE ACCESS TO AND BE CONNECTED WITH THE INTERNET IN ORDER FOR OUR APP TO SUPPORT OUR ECG DEVICE AND RECEIVE OUR SERVICES. Our ECG device holds a one year device warranty for any repairs or replacements. The one year period begins on the ECG device’s date of purchase. TO THE EXTENT PERMITTED BY APPLICABLE LAW AND EXCLUDING THE ONE YEAR DEVICE WARRANTY, OUR COMPANY AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) DISCLAIMS ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
IN PARTICULAR, OUR COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE, APP, OR SERVICES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITE, APP OR SERVICES. OUR COMPANY AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE, APP, OR SERVICES; (c) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE, APP, OR SERVICES;(d) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THORUGH THE APPLICATION BY ANY THIRD PARTY; OR (e) ANY LOSS OR DMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED TRANSMITTED, OR OTHERWISE MADE AVAILABEL ON OR THORUGH THE SITE, APP, OR SERVICES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
You agree to indemnify and hold harmless QT Medical and any of our officers, directors, shareholders, subsidiaries, and affiliates, from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms by you or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.
11. Arbitration Agreement & Waiver of Certain Rights
You and QT Medical agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and QT Medical hereby waive any right to a jury trial of any Claim (defined below). All controversies, claims, counterclaims, or other disputes arising between you and QT Medical relating to these Terms or the Services (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). You agree that the laws of the State of California, excluding its conflict of laws rules, shall exclusively govern any legal dispute relating to these Terms. We agree to attempt to resolve any Claim against each other, including our agents, employees, successors, assigns, or affiliates through face to face negotiations in California. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you or QT Medical from seeking action by federal, state, or local government agencies. You and QT Medical also have the right to bring qualifying claims in small claims court. In addition, you and QT Medical retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
Neither you nor QT Medical may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or QT Medical’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms. This Section of the Terms will survive the termination of your relationship with QT Medical.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR XFERALL WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
12. Other Provisions
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions.
You agree that any action of whatever nature arising from or relating to these Terms, the Site, or Services will be filed only in the state or federal courts located in Los Angeles County, California. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.
The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
13. Changes to these Terms
From time to time, we may change these Terms. If we change these Terms, we will give you notice by posting the revised Terms on the Site. Those changes will go into effect on the Revision Date shown in the revised Terms. By continuing to use the Site or Services, you are agreeing to the revised Terms.
PLEASE check the Site frequently for any changes to these Terms.