Please read these Terms and Conditions (the “Terms”) carefully before you start to use the https://www.vitaltech.com (the “Website”) and/or the VitalBand and VitalCare mobile application (the “App”) operated by VitalTech Affiliates LLC (“us”, “we”, or “our”) (collectively, the “Service”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
The Service is offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with the us. If you are not 18 years or older, you must not access or use the Service.
We grant you a revocable, non-exclusive, non-transferable, limited license to download, install, access, and use the Services solely for your personal, non-commercial purposes strictly in accordance with these Terms.
We are not responsible for any direct, indirect, incidental, consequential or any other damages arising out of or in connection with the access to or use of the Service or in reliance on the information available on the Service. This includes any personal injury, business interruption, loss of use, lost data, lost profits, or any other pecuniary loss, whether in an action of contract, negligence, or other tortuous action, even if we have been informed of the possibility.
YOUR USE OF THE SERVICE AND ALL INFORMATION YOU OBTAIN FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.
If you are a medical practitioner, we are not responsible for any decisions you make for your patients based on your use or access to the Services. The information provided through the Service is not a substitute for the knowledge, skill and judgement of medical practitioners or other healthcare professionals in patient care.
Notwithstanding the foregoing, we and our subsidiaries, affiliates, and licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
You agree not to, and you will not permit others to:
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
When you provide this information to us to make a Purchase, you represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, or fraud or an unauthorized or illegal transaction is suspected.
Changes to the Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services after the changes are posted. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction section will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website or App.
Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page each time you access the Services, so you are aware of any changes, as they are binding on you.
When you create an account with us, you guarantee that the information you provide us is accurate, complete, and current at all times.
You need to keep your account and password confidential and restrict access to your computer and/or account for the Services. You are responsible for everything that occurs under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately if you become aware of any breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
The Service and its original content, features and functionality are and will remain the exclusive property of VitalTech Affiliates LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. You cannot use our trademarks and trade dress in connection with any product or service without the prior written consent of VitalTech Affiliates LLC.
Communications Within The Services
If you utilize the in-App messaging module of the App, which is provided to enable you to communicate with your caregivers and healthcare providers, you agrees that we neither endorse the contents of your communications, nor assume any responsibility for any offensive or inaccurate material contained in your communications, any infringement of third party Intellectual Property Rights arising from your communications, or any crime facilitated by your communications.
Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) you provide to us about the Services shall remain the sole and exclusive property of VitalTech Affiliates LLC.
We may freely use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
Links to Other Web Sites
Our Service may contain links to or incorporate into the Service certain third-party web sites or services that are not owned or controlled by VitalTech Affiliates LLC (“Third Party Services”).
We have no control over, and we assume no responsibility for, the content, privacy policies, or practices of any Third-Party Services. We do not warrant the offerings of any of these Third-Party Services, and we cannot guaranty the accuracy of the data or use of the Third-Party Services.
In addition, the Services are intended to be utilized in conjunction with certain remote monitoring devices. Some of these devices are manufactured by third parties, and not VitalTech (“Third-Party Devices”). We assume no responsibility for the accuracy or proper functionality of such Third-Party Devices, and we cannot guaranty that such Third-Party Devices are free of defects or provide accurate data.
You acknowledge and agree that we shall 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 data, content, goods or services available on or through any such Third Party Services or Third Party Devices.
We strongly advise you to read the terms and conditions and privacy policies of any Third-Party Services and manufacturers inserts accompanying any Third-Party Devices.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, in our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms that should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless us and our licensors, and our and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password or b) a breach of these Terms or any applicable law.
Limitation of Liability
While we endeavor to maintain the highest professional quality of the Services, we cannot be held responsible for any errors, defects, lost profits, or other consequential damages arising from the use of the Services. We will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from any failure of performance, error, omission, interruption, defect, delay in operation of transmission, or computer virus, the use of, or the inability to use, the materials in the Service even if there is negligence by us or an authorized representative of us or if the user has been advised of the possibility of such damages.
The above limitation or exclusion may not apply to you to the extent that applicable law may not permit the limitation or exclusion of liability for incidental or consequential damages. Our total liability to you for all losses, damages, and causes of action in contract, tort (including without limitation, negligence, or otherwise) will not exceed the amount you paid to us to access the Services.
Limitation on Actions
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
U.S. Government End Users
The Service and related documentation are “Commercial Items”, as that term is defined under 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used under 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. In accordance with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
These Terms shall be governed and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
You may not export or re-export the Service except as authorized by United States law and the laws of the jurisdiction in which the Service was obtained.
The Service may not be exported or re-exported (a) into or to a nation or a resident of any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.
By installing or using any component of the Service, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
Last updated: April 10, 2019