Kardia Health Systems Terms of Use

Introduction

These Terms of Use are a legal agreement between you and Kardia Health Systems and describe the rules and conditions for using the Kardia Health Systems website. This website is owned and controlled by [the Kardia Health Systems], including Kardia Health Systems and all our current and future subsidiaries, affiliates, successors and assigns, and may operated with the assistance of third parties (collectively referred to as "we," "us," the "Company" or similar terms). Your use of this website constitutes your agreement to these Terms of Use. The effective date of these Terms of Use is September 20, 2009.

We may change these Terms of Use at any time, and by using this website you agree to the most current version of the Terms of Use and any and all future changes. We encourage you to visit this page periodically to review the Terms of Use.

Website Content and Limits on Use

We provide this website as a service to our visitors. Unless otherwise noted, all website content and functionality, including images, illustrations, designs, icons, photographs, video clips, software, and written and other content that are part of this website, including all copyright, trademark, patent, and any other intellectual property rights therein (collectively, the "content") is owned or licensed by us.

This website and all its content are intended solely for your personal use. You may download or make a single copy the content displayed on the website for your personal non-business use. Except as described above, you may not copy, distribute, perform, create derivative or joint works from, publish, or otherwise exploit or use, in whole or in part, any of the content and/or the website, including but not limited to any software or any other item.

When you download or print a copy of the content you must include all copyright, trademark, and other notices that appear within the website, including the copyright notice on the bottom of the page. No right, title or interest in any downloaded or copied content is transferred to you as a result of any such downloading or copying or any other use.

Infringing Material

If you believe any content appearing on the website, whether posted by us or by another visitor, violates the copyright or other proprietary rights of a third party please notify us immediately, specifically identifying the content in question and the web page on which it appears, as well as the true copyright owner and any supporting information, and we will take appropriate action.

User Comments, Feedback And Other Submissions

All comments, feedback, ideas, and other submissions provided to us or on through the website or through any other method submitted or offered in connection with the website, such as by email, telephone, at our stores, or by mail (collectively, the "comments") are and shall be and remain the sole and exclusive property of Kardia Health Systems, including all copyright or other intellectual property rights therein. Providing your Comments to us constitutes an assignment to Kardia Health Systems of all worldwide right, title and interest in and to all copyrights and other intellectual property rights in the comments. In the event applicable law prohibits such assignment of the intellectual property rights in the comments, you hereby grant us an exclusive, perpetual, royalty-free, worldwide, license to use, copy, distribute, modify, sublicense, assign, and create derivative works involving the comments. All comments are deemed non-confidential, and we are not under any obligation to reply to any comments.

Rules for Using the website

You agree to follow the rules listed below:

a. You will not knowingly provide or post any false, misleading, or fraudulent information.
b. You will not use this website for any illegal purpose, nor will you provide or post any material or information in violation of any applicable law or regulation.
c. All information provided or posted by you must be original to you, and not violate the copyright or other proprietary rights of any third party.
d. Information provided or posted by you must not violate the rights of any third party, including trade secret or privacy rights. In addition, information provided or posted by you must not be defamatory, harassing, offensive, threatening, obscene, or otherwise inappropriate or disruptive.
e. You will not hold yourself out as someone you are not or otherwise impersonate any other person.
f. You will not interfere or tamper with the functioning of this website, nor will you attempt to gain access to information or control of the website not specifically granted to you.
g. You will not use this website to transmit any spyware, virus or similar destructive program or code.
h. You will not compile any database or list of other website visitors, nor will you use this website to facilitate the sending of any spam, bulk email, or email offering to sell goods or provide services.
i. You will not access or attempt to access any restricted portion of this website unless you have specifically been granted access.

Website Access

We may discontinue all or part of this website at any time. We may block or limit your access to this website if: (a) you violate these Terms of Use; (b) you violate any applicable law or regulation relating to your use of this website; (c) you engage in any conduct which we, in our sole discretion, believe is offensive, harmful, defamatory, or otherwise harmful to us or others.

Product Information, Pricing and Availability

If we include products and services on this website, those products and services may also be available in select retail locations. The products and prices displayed on the website are subject to change at any time with or without notice. The prices or items in any particular retail location may be different from those appearing on this website, and the in-store information and availability controls over any conflicting information at this website. Your placement of an order through this website constitutes your offer to purchase the items selected by you. We may accept or reject your offer, and your offer is not accepted by us until we ship your order. Occasionally there may be information on the website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. In the event a product ordered is no longer available or if the price has increased, we may decline your offer or we may contact you to confirm whether you would like to continue with your purchase given the new availability and pricing information.

Limit of Liability

KARDIA HEALTH SYSTEMS IS NOT AND WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEB SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEB SITE, SERVICES, AND ALL CONTENT IS TO STOP USING THE WEB SITE AND CONTENT. KARDIA HEALTH SYSTEMSS MAXIMUM LIABILITY IN CONNECTION WITH SHIPMENT OF A DEFECTIVE PRODUCT IS TO, AT KARDIA HEALTH SYSTEMS’S DISCRETION, REPLACE SUCH ITEM OR RETURN THE PURCHASE PRICE PAID. IN ADDITION, IF FOR ANY REASON ALL OR PART OF THE FOREGOING LIMITATIONS ARE DEEMED INVALID, KARDIA HEALTH SYSTEMS’S MAXIMUM AGGREGATE LIABILITY ARISING FROM OR RELATED TO YOUR USE OF THIS WEBSITE SHALL BE ONE HUNDRED DOLLARS ($100.00).

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Links

This website may contain links to websites operated by other entities, or display information or content regarding products or services offered by others. These other sites and other entities are not under our control, and we are not responsible for the content available on any other Internet sites linked to this website or any action or inaction of any third party. We do not endorse or warrant the goods or services of any third party. You may visit other linked sites or engage in business with any third party at your own risk.

Privacy

Please review our Privacy Policy to understand our privacy practices. By using this website, you also agree to the most-recent version of the Privacy Policy. We may change the Privacy Policy at any time, and such changes will be posed on the Privacy Policy page or a similar page of the website.

Website Warranty Disclaimer

ALL CONTENT ON THIS WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. THE COMPANY EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE CONTENT ON THIS SITE, ALTHOUGH THE COMPANY MAY MODIFY THE CONTENT AT ANY TIME WITHOUT NOTICE. USE OF THE WEBSITE IS AT YOUR SOLE RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS WEBSITE. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES. YOU FURTHER ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OR ANY KIND RELATED TO YOUR USE OF THIS WEBSITE.

Indemnification

You agree to defend, indemnify and hold the Company harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the website and/or your breach of these Terms of Use.

Miscellaneous

Unless otherwise specified, this website and the content thereof are displayed solely for the purpose of promoting our products and services. This Agreement shall be construed in accordance with the laws of the State of Minnesota, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of Minnesota. You agree and submit to the jurisdiction and venue of such courts.

You agree that in the event you have or may have any alleged claim against Kardia Health Systems or any of our vendors or licensors, you shall pursue such claim only in your individual capacity, and you shall not agree to join or be a part of any class action, consolidated action, or similar action. You also agree that your damages are limited as set forth elsewhere in these Terms of Use and that you are not eligible to receive, and shall not seek, attorney fees in relation to any claim you have or may have against Kardia Health Systems or its vendors or licensors.

Severability

If any provision of these Terms of Use are held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to any failure by you or to others to comply with these Terms of Use does not waive our right to act with respect to subsequent or similar failures.

LAST UPDATE

These Terms of Use were last updated on September 20, 2009.

OUR CONTACT INFORMATION

If you have questions or comments about these Terms of Use, please contact us in any of three ways:
1. send us an email: sales@kardiahealth.com
2. call us at 763-432-8420
3. write to us at:

Kardia Health Systems, Inc.
5500 Wayzata Blvd, Suite 215
Golden Valley, MN 55416