PLEASE CONSULT WITH YOUR HEALTHCARE PROVIDER BEFORE USING CARDIOX SERVICES. CARDIOX DOES NOT INCLUDE THE PROVISION OF MEDICAL CARE AND IS NOT A LICENSED MEDICAL CARE PROVIDER. CARDIOX DOES NOT PROVIDE ANY MEDICAL OR CLINICAL SERVICES, AND DOES NOT DIAGNOSE, TREAT OR MANAGE ANY ILLNESS, DISEASE OR CONDITION. CARDIOX DOES NOT HAVE EXPERTISE IN DIAGNOSING, EXAMINING, OR TREATING MEDICAL CONDITIONS OF ANY KIND, OR IN DETERMINING THE EFFECT OF ANY SPECIFIC EXERCISE ON A MEDICAL CONDITION. YOU SHOULD NOT CHANGE YOUR TREATMENT OR CARE PLAN, MEDICATION OR THERAPY BASED ON INFORMATION YOU RECEIVED THROUGH OUR SERVICE. USING CARDIOX SERVICE IS SUPPLEMENTAL TO ANY TREATMENT OR CARE PROVIDED BY YOUR HEALTHCARE PROVIDER AND SHOULD NOT REPLACE REGULAR MEDICAL VISITS WITH YOUR HEALTHCARE PROVIDER. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PRACTITIONER REGARDING YOUR MEDICAL CONDITION OR THE USE (OR FREQUENCY) OF ANY MEDICATION OR MEDICAL DEVICE. INFORMATION PROVIDED BY OUR SERVICE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT A RECOMMENDATION OR ENDORSEMENT OF ANY DRUG, DEVICE OR TREATMENT. ALWAYS CONSULT WITH YOUR HEALTHCARE PROFESSIONAL IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST OPEN EMERGENCY ROOM IMMEDIATELY.

TERMS OF USE:

Unless otherwise specified, the terms outlined in this document apply to your access and use of CARDIOX mobile application and any other service provided by CARDIOX Inc.

By Accepting these Terms, the User agrees to be bound by all of the terms and conditions below. Before you use the CARDIOX Services, please read all of the terms. If you don’t agree to all of the terms below, please do not use the Service. Also, if a term does not make sense to you, please let us know via email.

CHANGES TO THE TERMS:

CARDIOX reserves the right to modify these Terms at any time. For instance, we may need to change the Terms if we come out with a new feature or for some other reason.

Whenever we make changes to these Terms, the changes are effective immediately after we post revised Terms. It is your responsibility to check the app for changes to these Terms.

If you continue to use CARDIOX Services after the revised Terms go into effect, then you have accepted the changes to these Terms.

ACCOUNT REGISTRATION:

To use CARDIOX ServiceS Users must register or create a User account, providing all required data or information in a complete and truthful manner.

Failure to do so will cause unavailability of the Services.

Users are responsible for keeping their login credentials confidential and safe. By registering, Users agree to be fully responsible for all activities that occur under their username and password and accept all risks of unauthorized access to any data or other information you provide to the Service.

If you discover or suspect any security breaches, please let us know as soon as possible.

ADVERTISEMENTS:

During your use of the CARDIOX Mobile Application and other Services, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Mobile Application and Services. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation, or responsibility for any such correspondence, purchase or promotion between you and any such third party.

LINKS TO OTHER RESOURCES:

Although CARDIOX Mobile Application and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link in the Mobile Application and Services. Your linking to any other off-site resources is at your own risk.

DISCLAIMER OF WARRANTY:

You agree that CARDIOX Services are provided on an “as is” and “as available” basis and that your use of the Mobile Application and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that CARDIOX Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. CARDIOX makes no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

LIMITATION OF LIABILITY:

To the fullest extent permitted by applicable law, in no event will CARDIOX, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. Our total liability for all causes of action and under all theories of liability will be limited to the amount you paid to CARDIOX. This section will be given full effect even if any remedy specified in this agreement is deemed to have failed of its essential purpose.

You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees, costs, penalties, interest and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of CARDIOX Services or the use of the Services by any person using your account, including any claim that your use of the Services violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms.

ACCEPTABLE USE:

CARDIOX Services may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of CARDIOX Mobile Application and Services doesn’t violate applicable law, regulations or third-party rights.

Therefore, CARDIOX reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to CARDIOX Services, terminating contracts, reporting any misconduct performed through CARDIOX Services to the competent authorities – such as judicial or administrative authorities – whenever Users engage or are suspected to engage in any of the following activities:

• violate laws, regulations and/or these Terms;
• infringe any third-party rights;
• considerably impair CARDIOX legitimate interests;

INTELLECTUAL PROPERTY RIGHTS:

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights, and design rights related to CARDIOX are the exclusive property of CARDIOX or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with CARDIOX are, and remain, the exclusive property of CARDIOX or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

DISPUTE RESOLUTION:

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Florida, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Florida, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement.

SEVERABILITY:

These Terms constitute the entire Agreement between Users and CARDIOX with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

TERMINATION:

If you breach any of these Terms, we have the right to suspend or disable your access to or use of the Service.

ACCEPTANCE OF THESE TERMS:

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using CARDIOX Mobile Application and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Mobile Application and Services.

CONTACTS:

If you wish to contact us with any concerns related to this agreement, please send an email to hello@cardiox.com