Terms of Use
These Terms of Use are a contract between you and Acuma Health, a company with a principal place of business at 6203 San Ignacio Ave., Suite 112, San Jose, CA 95119. Acuma Health operates www.smart-monitor.com, www.acumahealth.com (collectively, with any successor websites, the “Websites”). By using the Websites and any services accessible from the Websites, you are agreeing to be bound by the following terms and conditions (“Terms of Use”). If you do not agree to these Terms of Use, do not visit or use the Websites.
1. Eligibility
The Websites are directed towards users who reside in the United States of America. If you are visiting this Website from outside the United States, then there may be other laws, regulations, and limitations that are promulgated from the specific country you are visiting from that may apply regarding your use of these Websites that are not described below. Please refer to section 13 for more detailed information.
THE WEBSITES ARE NOT AVAILABLE TO PERSONS UNDER THE AGE OF 13 OR TO ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM WEBSITES FROM ACUMA HEALTH.
2. Privacy
You confirm that you have read and accept our Privacy Policy.
3. No Medical Advice
Your use of the Websites and the Materials contained herein is at your own risk. By using the Websites you acknowledge that Acuma Health/Smart Monitor is providing the Materials for informational purposes only, and that neither Acuma Health nor its licensors are providing the Materials to you for the purpose of giving you medical advice.
ACUMA HEALTH/SMART MONITOR DOES NOT GIVE ANY KIND OF MEDICAL ADVICE TO ANYONE, NOT THROUGH THE SERVICES OR THE SOFTWARE, AND NOT BY ANY OTHER MEANS. ACUMA HEALTH/SMART MONITOR HAS NEVER GIVEN ANY MEDICAL ADVICE TO ANYONE AND WILL NEVER GIVE ANY MEDICAL ADVICE TO ANYONE. THEREFORE, ACUMA HEALTH/SMART MONITOR ALSO DID NOT, DOES NOT, AND WILL NOT, GIVE ANY KIND OF MEDICAL ADVICE TO YOU. YOU SHOULD ALWAYS CONSULT A HEALTHCARE PROFESSIONAL FOR ANY MEDICAL ADVICE. ACUMA HEALTH/SMART MONITOR IS NOT A HEALTHCARE PROFESSIONAL.
ALSO, YOUR USE OF THE WEBSITES AND SERVICES DOES NOT CREATE A PATIENT RELATIONSHIP BETWEEN YOU AND ACUMA HEALTH/SMART MONITOR. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE FROM A HEALTHCARE PROFESSIONAL OR DELAY SEEKING MEDICAL ADVICE FROM A HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU HAVE READ ON THE WEBSITES OR SERVICES OR THE RESULTS YOU RECEIVE THOROUGH USE OF THE SERVICES. YOU UNDERSTAND THAT THE WEBSITES AND SERVICES ARE MERELY FOR INFORMATIONAL PURPOSES, BUT THAT YOU SHOULD NOT RELY ON THE SERVICES FOR PURPOSES OF SEEKING OR SECURING DIAGNOSIS, TREATMENT, OR OTHER MEDICAL ATTENTION FROM A HEALTHCARE PROFESSIONAL REGARDING ANY DISEASE OR MEDICAL CONDITION.
4. Ownership of Content
The Websites are owned and operated by Acuma Health. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Websites (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on the Websites are the property of Acuma Health or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, logos and service marks displayed on the Websites, whether registered or unregistered, are owned exclusively by Acuma Health or its affiliates and/or other third parties. Nothing contained in these Terms of Use, nor your use of the Materials, shall be construed as granting you any license or right in or to any trademark, logo, or service mark. Acuma Health reserves all rights not expressly granted in this Terms of Use.
5. License
Acuma Health hereby grants you a nontransferable, nonexclusive license to use the Materials contained on the Websites solely for your own personal, non-commercial use, and information. You may download and/or print a single copy of any of the Materials contained herein for your personal use; however, you shall not otherwise reproduce, display, publish, distribute, sell, license, or modify the Materials or incorporate the Materials into other documents, websites, or publications.
6. Modification of These Terms of Use; Termination
Acuma Health reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Please check these Terms of Use periodically for changes. Your continued use of the Websites after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms of Use, such amended terms will automatically be effective thirty days after they are initially posted on the Websites.
Acuma Health reserves the right to limit, suspend or terminate your account and/or your access and use of the Websites at any time without notice and remove and discard all or any part of your account and user profile. You agree that Acuma Health will not be liable to you or any third party for any such limitation, suspension or termination. Your only remedy with respect to any dissatisfaction with (i) the Websites, (ii) any term of these Terms of Use, (iii) any policy or practice of Acuma Health in operating the Websites, or (iv) any content or information transmitted through the Websites, is to terminate this Terms of Use and your account. You may terminate this Terms of Use at any time by deleting your account with the Websites and discontinuing use of any and all parts of the Websites. Any suspected fraudulent, abusive or illegal activity by you may be referred to appropriate law enforcement authorities.
7. Prohibited Conduct
As a condition to your use of the Websites, you agree not to:
Use the Websites for any purposes other than to access Materials;
Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials;
Impersonate any person or entity, falsely claim an affiliation with any person or entity, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Websites, or perform any other similar fraudulent activity;
Delete the copyright or other proprietary rights on the Websites;
Use the Websites for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
Use the Websites if you are under the age of 13 years old;
Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Websites, features that prevent or restrict use or copying of any content accessible through the Websites, or features that enforce limitations on the use of the Websites;
Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Websites or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
Modify, adapt, translate or create derivative works based upon the Websites or any part thereof, except and only to the extent foregoing restriction is expressly prohibited by applicable law; or
Intentionally interfere with or damage operation of the Websites or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
8. User Accounts
When you create an account to use the services provided on the Websites, or otherwise use the Websites to download or purchase content or any products, services, or information from Acuma Health, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to Acuma Health on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), then you agree to immediately notify Acuma Health. You may be liable for the losses incurred by Acuma Health or others due to any unauthorized use of your account on the Websites.
9. Third-Party Sites, Products and Services; Links
The Websites may include links or references to other external websites or services solely as a convenience to users (“Reference Sites”). Links on Reference Sites may lead to resources located on servers maintained by third parties over whom Acuma Health has no control. Acuma Health does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk, and Acuma Health makes no warranties, express, STATUTORY or implied, with respect to the reference sites. You acknowledge and agree that Acuma Health 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 information, materials, products, or services contained on or accessible through Reference Sites.
10. Disclaimer of Warranties
The Websites and Materials may contain technical inaccuracies and/or typographical errors. The Websites and Materials are provided to you on an “AS IS” basis. SMART MONITOR DISCLAIMS ANY AND ALL WARRANTIES EXPRESSED, STATUTORY OR IMPLIED WITH RESPECT TO THE WEBSITES AND THE MATERIALS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR THIRD PARTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE.
11. Limitation of Liability and Damages
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ACUMA HEALTH HEREBY DISCLAIMS, AND IN NO EVENT SHALL ACUMA HEALTH OR ANY PARTY INVOLVED IN CREATING OR PRODUCING THE WEBSITES, BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES RESULTING FROM LOSS RELATED TO THE USE OF THE WEBSITES OR ANY MATERIALS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTUOUS ACTION, EVEN IF ACUMA HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, ACUMA HEALTH SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE MATERIALS. IN NO EVENT WILL ACUMA HEALTH’S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES AND CAUSES OF ACTIONS ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR USE OF THE WEBSITES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITES OR USING THE SERVICES PROVIDED THROUGH THE WEBSITES DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
12. Indemnification
You agree to indemnify, save, and hold Acuma Health, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Websites, any violation by you of these Terms of Use, or any breach of the representations, warranties, and covenants made by you herein. Acuma Health reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Acuma Health, and you agree to cooperate with Acuma Health’s defense of these claims. Acuma Health will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
13. Special Considerations for International Use
While Acuma Health has designed the Websites for users in the United States, we recognize the global nature of the Internet. As a condition of using the Websites, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical and personal data exported from the United States or the country in which you reside.
14. Miscellaneous
These Terms of Use constitute the entire agreement between you and Acuma Health and govern your use of the Websites, superseding any prior agreements between you and Acuma Health (including, but not limited to, any prior versions of the Terms of Use) and any prior representations by Acuma Health. These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of law principles. The failure of Acuma Health to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Term of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action brought against Acuma Health and its subsidiaries, affiliates, officers, agents, co-branders or other partners an employees, arising out of or related to use of the Websites or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
15. Disclosure
The services hereunder are offered by Acuma Health 6203 San Ignacio Ave Suite 112, San Jose, CA 95119 and email: info@smart-monitor.com. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
Date last updated: 05.15.2019
