TERMS OF SERVICE
Terms of Service
CARDIOSLEEVE TERMS OF USE
GENERAL
Welcome to Rijuven Corp. You are attempting to (a) download or install (or have already done so) a mobile software application (the "App") and/or (b) access the website located at https://www.rijuven.com (the "Site") provided by Rijuven Corporation ("Rijuven"). Together, the App and the Site are referred to below as the "Application."
By downloading or using the App, or accessing the Site, you agree that you have read and understood the following terms of use (the "Terms") and agree to be bound by them. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE EXIT THIS PAGE AND REFRAIN FROM ANY FURTHER USE OR ACCESS TO THE APPLICATION. When using or accessing the Application, you agree that you must comply with any applicable third-party terms of agreement and any additional posted guidelines, rules, terms and conditions applicable to such use, which are hereby incorporated by reference into these Terms. These Terms are between you and Rijuven, and not any other third party, including Apple, Inc. ("Apple").
We may modify these Terms at any time by posting the revised Terms on the Application. You can determine when this Agreement was last revised by referring to the "LAST UPDATED" legend at the top of these Terms. Any modifications will be effective immediately upon such posting. Your use of or access to the Application after such modifications are posted will signify your acceptance of the modifications and your agreement to be bound by them. Notwithstanding the foregoing, any modifications to these Terms shall not apply to any dispute between us arising prior to the date on which we post the revised Terms that contain such modifications.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify, suspend or discontinue the Application; charge fees in connection with the use of the Application; modify and/or waive any fees charged in connection with the Application; and/or offer opportunities to some or all users of the Application. You agree that neither we nor any of our affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of the Application, in whole or in part, or of any service, content, feature or product offered through the Application.
DISCLAIMER: NOT A SUBSTITUTE FOR PROFESSIONAL HEALTH CARE OR ADVICE
THE APPLICATION AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE APPLICATION ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTIES WHATSOEVER. YOUR USE OF THE APPLICATION IS VOLUNTARY AND AT YOUR SOLE RISK.
YOU ACKNOWLEDGE THAT BY USING THE CARDIOSLEEVE, WE ARE NOT PROVIDING MEDICAL ADVICE OR ANY OTHER ADVICE OF ANY KIND. YOU FURTHER ACKNOWLEDGE THAT THE CARDIOSLEEVE IS NOT INTENDED TO BE USED AS A SUBSTITUTE FOR GENERALLY ACCEPTED MEDICAL PRACTICES PERFORMED BY PHYSICIANS OR OTHER QUALIFIED MEDICAL PROFESSIONALS OF ANY KIND. YOU AGREE THAT YOU WILL USE THE CARDIOSLEEVE ONLY AS SUPPLEMENT TO YOUR PRACTICE, THAT YOU WILL DO SO ONLY IN ACCORDANCE WITH GENERALLY ACCEPTED MEDICAL PRACTICES AND THAT YOU WILL BE RESPONSIBLE FOR COMPLIANCE WITH THE APPLICABLE STANDARD OF CARE WITH RESPECT TO YOUR PATIENTS. BY USING THE CARDIOSLEEVE, WE DO NOT UNDERTAKE ANY RELATIONSHIP WITH ANY PATIENTS, INCLUDING, WITHOUT LIMITATION, A DOCTOR-PATIENT RELATIONSHIP, NOR DO WE UNDERTAKE ANY DUTY OF CARE WITH RESPECT TO ANY PATIENTS AS A RESULT OF YOUR USE OF THE CARDIOSLEEVE.
YOU ACKNOWLEDGE THAT THERE ARE RISKS INHERENT IN COMPUTER SOFTWARE, HARDWARE AND INTERNET CONNECTIVITY THAT MAY RESULT IN INTERRUPTIONS OR ERRORS IN THE CARDIOSLEEVE, LOSS OF PRIVACY, CONFIDENTIALITY, INFORMATION OR PROPERTY, AS WELL AS OTHER LOSSES, DAMAGES OR ADVERSE OCCURRENCES, REGARDLESS OF THE MEASURES TAKEN TO AVOID SUCH OCCURRENCES.
JURISDICTIONAL ISSUES
The Application is controlled and operated by Rijuven from the United States, and are not intended to subject Rijuven or its affiliates to the laws or jurisdiction of any state, country or territory other than that of the United States. Rijuven does not represent or warrant that the Application or any part thereof are appropriate or available for use in any particular jurisdiction other than the United States.
LICENSE
Rijuven grants to you a limited, royalty-free, non-exclusive, personal and non-transferable, license to install and use the App on a single personal mobile electronic device or smart phone owned or controlled by you (or, if you downloaded the App from the Apple App Store, on any Apple device running the iOS operating system that you own or control) solely for your own personal, non-commercial purposes, subject to your compliance with these Terms.
OWNERSHIP OF THE APPLICATION
The Application (including any content made available through the Application) is the property of Rijuven and are protected by applicable intellectual property laws. The App is licensed, not sold, to you. You may utilize the Application only as permitted by these Terms. You may not, and will not permit any other party to: (1) modify, adapt, alter, translate or create derivative works of the Application; (2) use or merge the Application, or any component or element thereof, with other software, databases or services not provided by Rijuven; (3) sublicense, distribute, sell or otherwise transfer the Application to any third party; (4) use the App as a service bureau, or lease, rent or loan the App to any third party; (5) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or structure of the Application; (6) interfere in any manner with the operation of the Application; (7) circumvent, or attempt to circumvent, any electronic protection measures in place to regulate or control access to the Application; (8) create a database by systematically downloading and storing the Application; (9) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather the Application or reproduce or circumvent the navigational structure or presentation of the Application without our express prior written consent; or (10) use the Application for any commercial purposes. You agree not to develop, distribute or sell any software or other functionality capable of launching, being launched from or otherwise integrated with the Application. You may not remove, alter or obscure any copyright notice or any other proprietary notice that appears on or in the Application.
TRADEMARKS
Any logo, trademark, servicemark, domain name, or trade name appearing on the Application, including "Rijuven, CardioSleeve" ("Marks"), whether registered or not, are the property of Rijuven or their respective owners. You may not use any Marks without the express written permission of Rijuven.
INFORMATION THAT YOU SUBMIT
Your submission of information through the Application is governed by Rijuven's Privacy Policy, which is located at https://www.rijuven.com/privacy. You represent and warrant that any information that you provide in connection with your use of the Application is and shall remain true, accurate and complete, and that you will maintain and update such information regularly. You agree that if any information that you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of the Application.
For purposes of clarity, you retain ownership of any information, content and materials that you submit through the Application in connection with any publicly-available forums (each, a "Submission"). However, please note that we need certain rights to your Submissions to be able to make them available on the Application. As such, you hereby grant to Rijuven and its service providers and designees a worldwide, non-exclusive, transferable, sub-licensable (through multiple tiers), royalty-free, perpetual, irrevocable right and license, without compensation to you: to use, reproduce, distribute, adapt (including without limitation to edit, modify, translate and reformat), create derivative works of, transmit, publicly display and publicly perform such Submission, in any Application now known or hereafter developed.
This license is non-exclusive (so you can license your Submissions to others), worldwide (as the Internet is global in its reach), fully-paid-up and royalty-free (so that we do not have to pay you for posting your Submissions), sub-licensable through multiple tiers (so that we can use our service providers and subcontractors to provide services).
For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such Submission, and your provision thereof to and through the Application, comply with all applicable laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory. We request this waiver to help ensure that we have all the rights we may need to provide the services available through the Application.
MONITORING
You acknowledge and agree that (a) we reserve the right (but have no obligation) to do any or all of the following, at our discretion: (i) monitor Submissions; (ii) alter, remove, or refuse to post or allow to be posted any Submission; and/or (iii) disclose any Submission, and the circumstances surrounding its transmission, to any third party in order to operate the Application; to protect Rijuven and its respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers, and the Application's users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose.
USER NAMES, PASSWORDS AND SECURITY
You may be required to register with Rijuven to access certain services or areas of the Application. With respect to any such registration, we may refuse to grant you, and you may not use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that personally identifies you; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.
Your user name and password are for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access the Application, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Application, to any third party. You are fully responsible for all interaction with the Application that occurs in connection with your password or user name. You agree to immediately notify Rijuven of any unauthorized use of your password or user name or any other breach of security related to your account or the Application, and to ensure that you "log off"/exit from your account with the Application (if applicable) at the end of each session. To report unauthorized access or use of the Application, email legal@Rijuven.com. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
RESPONSIBILITY FOR ACCESS AND USE
YOU UNDERSTAND THAT YOU ARE PERSONALLY RESPONSIBLE FOR THE USE OF AND ACCESS TO ALL DATA AND THE CARDIOSLEEVE, THE SOFTWARE AND THE DOCUMENTATION BY YOU, ANY EMPLOYEE OR AGENT OF YOURS, ANY PERSON TO WHOM YOU HAVE GIVEN ACCESS TO YOUR DATA, THE CARDIOSLEEVE, THE SOFTWARE OR THE DOCUMENTATION, AND ANY PERSON WHO GAINS ACCESS TO ANY DATA, THE CARDIOSLEEVE, THE SOFTWARE OR THE DOCUMENTATION AS A RESULT OF YOUR FAILURE TO USE REASONABLE SECURITY PRECAUTIONS, EVEN IF SUCH USE OR ACCESS WAS NOT AUTHORIZED BY YOU, AS WELL AS ANY AND ALL RESULTS OF ANY SUCH USE OR ACCESS, AND YOU AGREE TO INDEMNIFY. DEFEND AND HOLD HARMLESS RIJUVEN, AND EACH OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, RESELLERS, LICENSORS, SUPPLIERS, INVESTORS, OWNERS, ASSIGNS OR AFFILIATES (EACH, AN "RIJUVEN AFFILIATE"), FROM AND AGAINST ANY AND ALL LIABILITIES, LOSSES, DAMAGES (INCLUDING ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES), CAUSES OF ACTION, CLAIMS, SETTLEMENT PAYMENTS, INTEREST, ACTIONS, SUITS, AWARDS, JUDGMENTS, DIMINUTION IN VALUE, FINES, FEES OR PENALTIES, AS WELL AS ANY OTHER CHARGES, COSTS OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, ANY COURT FILING FEE, COURT COST, ARBITRATION FEE, ARBITRATION COST, WITNESS FEE, AS WELL AS ANY OTHER FEE OR COST OF INVESTIGATING, DEFENDING OR OTHERWISE ASSERTING ANY CLAIM FOR INDEMNIFICATION UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, IN EACH CASE, ANY ATTORNEYS' FEES, OTHER PROFESSIONALS' FEES OR DISBURSEMENTS) (COLLECTIVELY, "LOSS") , IN ANY WAY ARISING FROM OR RELATED TO ANY SUCH USE OR ACCESS. IN NO EVENT SHALL RIJUVEN HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY IN ANY WAY ARISING FROM OR RELATED TO ANY USE OF OR ACCESS TO ANY DATA, THE CARDIOSLEEVE, THE SOFTWARE OR THE DOCUMENTATION.
USER INFORMATION AND COMPLIANCE WITH HIPAA
You agree that RIJUVEN may collect and utilize performance data, usage data and other technical information gathered as part of your use of the CardioSleeve or any such other CardioSleeve in order to better serve its customers, facilitate problem trouble shooting and improve and enhance RIJUVEN's various product and CardioSleeve offerings. Such information will not be disclosed in a form that specifically identifies you or any other person. Usage data may also be used in aggregate to establish usage trends across multiple hospitals for marketing purposes. Such data will be collected and used consistently with the restrictions of the applicable Business Associate Agreement, and physician and hospital identifiers will be removed from the usage data. You hereby consent to the collection and use of such information and data as described herein.
You also agree that RIJUVEN may publicly disclose that we are providing CardioSleeve to you and may include your name in promotional materials including press releases and on RIJUVEN's website. Neither of us may publicly use the other party's logo or other trade or CardioSleeve mark without permission.
User and RIJUVEN each acknowledge that certain portions of the Administrative Simplification section of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), as codified at 42 U.S.C. §1320d through d-8 and the federal privacy regulations as contained in 45 CFR Part 164 ("Federal Privacy Regulations") may apply to RIJUVEN, you, and our relationships and operation under this Agreement. RIJUVEN does not anticipate receiving or disclosing any individually identifiable information in the normal course of providing CardioSleeve.
Should Protected Health Information ("PHI") be made available, or obtained by RIJUVEN, we do hereby assure you that we will: (i) comply with the rules and regulations concerning the privacy and security of PHI under HIPAA; (ii) require the utilization of a Business Associate Addendum, in the event that confidential information will be disclosed (this addendum may be provided by RIJUVEN upon request); (iii) not use or disclose any PHI except in the course of meeting our contractual obligations or as required by law; ensure that agents or subcontractors working on our behalf agree to the same restrictions; protect against any non-permitted use or disclosure of PHI using no less than a reasonable amount of care; (iv) report any non-compliance of which we become aware; (v) at your request and direction, if feasible, make available PHI in accordance within the requirements of HIPAA; (vi) upon reasonable notice and during normal business hours, allow the Secretary of the U.S. Department of Health and Human CardioSleeve the right to audit our records and practices related to the use and disclosure of PHI to ensure compliance; (vii) upon termination of contract or upon request, if feasible, return or destroy all PHI received or created as a result of any contract and retain no copies; have named a HIPAA Security Official who creates, maintains, and trains regarding our HIPAA policies and procedures; (viii) have established that all employees with access to PHI receive training on our policies and procedures according to HIPAA mandates.
YOU ARE RESPONSIBLE FOR GIVING ANY NOTICES REQUIRED UNDER ANY STATE OR FEDERAL LAW OR REGULATION, INCLUDING ANY NOTICES REQUIRED UNDER HIPAA. YOU ARE ALSO RESPONSIBLE FOR ENSURING COMPLIANCE WITH ALL REQUIREMENTS IMPOSED BY HIPAA OR ANY OTHER LAW OR REGULATION WITH RESPECT TO ANY DATA RETRIEVED OR SAVED FROM THE CARDIOSLEEVE. WE MAKE NO REPRESENTATION AS TO WHAT STEPS YOU MUST FOLLOW TO COMPLY WITH HIPAA OR ANY OTHER LAW OR REGULATION.
TERMINATION
Rijuven may suspend or terminate your use of the Application if you fail to comply with the Terms. Such suspension or termination may result in the permanent deletion of your information or other previously available content.
USER ACKNOWLEDGEMENTS
You acknowledge and agree that you (and not Rijuven) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Application, and for paying all charges related thereto. Rijuven does not operate or control the Internet or your mobile connection, and therefore Rijuven does not and cannot guarantee that the Application will be error or virus free, invulnerable to hackers or other unauthorized users, or always available.
INDEMNIFICATION
To the fullest extent permitted under law, you will defend, indemnify and hold harmless Rijuven and its affiliates, and its and their officers, directors, employees, agents and licensors from and against all claims, actions, liabilities, losses, expenses, damages and costs (including reasonable attorneys' fees) arising out of or related to your use of the Application or any violation of these Terms by you.
EXCLUSIONS OF WARRANTIES
Rijuven AND ITS AFFILIATES DISCLAIM ALL EXPRESS WARRANTIES, IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Rijuven AND ITS AFFILIATES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY ERROR, DELAY OR INTERRUPTION IN THE APPLICATION. Rijuven AND ITS AFFILIATES MAKE NO GUARANTEE, REPRESENTATION OR WARRANTY REGARDING THE TIMELINESS, RELIABILITY, ACCURACY, COMPLETENESS OR USEFULNESS OF ANY PORTION OF THE APPLICATION, INCLUDING THE CONTENT CONTAINED ON THE APPLICATION, OR REGARDING THE AVAILABILITY OR APPROPRIATENESS OF Third-Party PROVIDERS. YOU AGREE THAT YOUR ACCESS TO AND USE OF THE APPLICATION IS AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE THAT YOU MAY INCUR THROUGH USE OF THE APPLICATION, EXCEPT TO THE EXTENT THAT THE APPLICABLE LAWS OF A PARTICULAR JURISDICTION CANNOT BE WAIVED OR EXCLUDED BY AGREEMENT.
If you downloaded the App from the Apple App Store, you may notify Apple to learn Apple's refund policy in the event that the App does not conform to any applicable warranty. To the maximum extent permitted by applicable law, Apple shall have no other warranty obligation whatsoever with respect to the App. Except as expressly set forth herein, Apple will be responsible for no other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App to conform to any warranty. Nothing herein creates or imposes any obligations on Apple, or implies that Apple has any obligations, with respect to the App. Apple has no obligation to provide any maintenance or support services in connection with the App. As between Rijuven and Apple, Rijuven is responsible for the App and the contents thereof.
LIMITATION OF LIABILITY
Rijuven AND ITS AFFILIATES MAY NOT BE HELD LIABLE UNDER ANY PROVISION OF THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, EXEMPLARY OR INDIRECT DAMAGES, OR FOR ANY OTHER DAMAGES OTHER THAN DIRECT DAMAGES, EVEN IF Rijuven KNOWS OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THAT THEY ARE LAWFUL IN YOUR JURISDICTION.
RIJUVEN MAY NOT BE HELD LIABLE FOR MORE THAN $400 UNDER ANY PROVISION OF THIS AGREEMENT.
PRODUCT CLAIMS
If you downloaded the App from the Apple App Store, Apple shall not be responsible for addressing any claim related to the App unless Apple has expressly agreed otherwise, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. In no event will Rijuven, its affiliates or Apple, or their respective directors, officers, employees, agents, representative, licensors or suppliers have any responsibility to you in respect of any intellectual property claims relating to the Application (or any portion thereof) or your use of the Application.
THIRD-PARTY INFORMATION AND LINKS TO THIRD-PARTY WEBSITES (INCLUDING THIRD-PARTY PROVIDER WEBSITES)
The Application may contain information concerning Third-Party Providers and other third parties (sometimes referred to as "partners or advertisers") who may offer third-party products or services compatible with the Application. The Application may also provide links to third-party websites (including websites of Third-Party Providers) as a paid service to Third-Party Providers. Such information and links are provided for your convenience. Rijuven AND ITS AFFILIATES do not monitor, control or endorse, and ARE not responsible or liable for, such third-party products, services or websites or the content contained therein.
RELATIONSHIPS
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the use of the Application, whether between you, Rijuven, its affiliates or any Third-Party Provider.
THIRD-PARTY BENEFICIARIES
You agree that Apple is a third-party beneficiary under these Terms, and, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereof. Notwithstanding the immediately preceding sentence, Rijuven's right to enter into, rescind or terminate any variation, waiver or settlement under these Terms is not subject to the consent of any third party.
EXPORT CONTROLS
In choosing to access the Application, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. You are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a "terrorist supporting" country; (b) on any of the U.S. government lists of restricted end users. We may limit the Application's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
GOVERNING LAW
You agree that these Terms shall be construed in accordance with the laws of the State of Pennsylvania without regard to its conflict of laws provisions. Any claim or dispute arising in connection with your use of the Application shall be brought exclusively in the courts of the State of Pennsylvania. Any cause of action or claim you may have with respect to the Application must be commenced within one (1) year after the cause of action or claim arises. Rijuven's failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and Rijuven nor any trade practices shall act to modify the Terms. Rijuven may assign its rights and duties hereunder to any third party at any time without consent or notice to you.
MISCELLANEOUS
If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. These Terms, together with all policies referred to herein, are the entire Agreement between you and Rijuven relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and Rijuven relating to such subject matter.
U.S. GOVERNMENT END-USER RIGHTS
You acknowledge and agree that the CardioSleeve, the Software and the Documentation is a commercial product, which was developed at private expense; and, in accordance with 48 C.F.R. 227.7202-4 (for Department of Defense acquisitions) and 48 C.F.R. 2.101 and 12.212 (for non-Department of Defense acquisitions), Accordingly, the rights acquired by any and all U.S. government customers or end-users who acquire the CardioSleeve, the Software and the Documentation, including its rights to use, modify, reproduce, release, perform, display or disclose the CardioSleeve, the Software and the Documentation, will be subject in all respects to the commercial license rights and restrictions provided in this Agreement. To the extent any of the CardioSleeve, the Software and the Documentation is found to be non-commercial by the U.S. government under applicable federal law and regulations, any provision thereof to any agency, department or entity of the U.S. government is on a "restricted rights" or "limited rights" basis to the greatest extent permitted by applicable federal law and regulations. As necessary, you agree to maintain a legend, in addition to other applicable notices of intellectual property rights, in the form provided under applicable federal law and regulations. Notwithstanding anything to the contrary, all rights in unpublished materials are hereby expressly reserved by RIJUVEN or its third party licensors (as applicable) under the copyright and other intellectual property laws of the United States.
EXPORT COMPLIANCE
User will comply with all applicable export laws and regulations of any United States or foreign agency or authority. User agrees that it will not export or re-export, or allow the export or re-export or any product, technology or information it obtains or learns pursuant to this Agreement (or any direct product thereof) in violation of any such laws or regulations. User agrees to indemnify, defend and hold harmless RIJUVEN and each RIJUVEN Affiliate from and against any and all Loss in any way arising out of or related to User's breach of this Section.
DISCLAIMER OF WARRANTIES
THE CARDIOSLEEVE, THE SOFTWARE AND THE DOCUMENTATION ARE PROVIDED TO USER ON AN "AS IS, WHERE-IS AND AS-AVAILABLE" BASIS AND WITHOUT WARRANTY OF ANY KIND OF ANY KIND OR NATURE WHATSOEVER. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN OR OTHER STATEMENT MADE BY RIJUVEN OR ANY RIJUVEN AFFILIATE IS EFFECTIVE TO CREATE ANY WARRANTY OR OTHER LIABILITY OR OBLIGATION CONTRARY TO THIS DISCLAIMER. USER EXPRESSLY AGREES THAT USE OF THE CARDIOSLEEVE, THE SOFTWARE AND THE DOCUMENTATION IS AT USER'S SOLE RISK. TO THE EXTENT ALLOWED BY APPLICABLE LAW, RIJUVEN HEREBY DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES, OF ANY KIND OR NATURE WHATSOEVER, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO ANY ASPECT OF THE CARDIOSLEEVE, THE SOFTWARE AND THE DOCUMENTATION, INCLUDING, BUT NOT LIMITED TO, AS TO THE CONDITION, VALUE, QUALITIES, PROVISION, OPERATION, USE, RESULTS OR WORKMANSHIP THEREOF, OR THE ABSENCE OR CORRECTION OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT.
RIJUVEN SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, ACCURACY, NON-INFRINGEMENT, TITLE OR FITNESS FOR A PARTOBLAR PURPOSE, AS WELL AS ANY REPRESENTATIONS OR WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE. RIJUVEN MAKES NO WARRANTY OR REPRESENTATION THAT THE CARDIOSLEEVE, THE SOFTWARE AND THE DOCUMENTATION, OR ANY ASPECT OF THE CONDITION, VALUE, QUALITIES, PROVISION, OPERATION, USE, RESULTS OR WORKMANSHIP THEREOF, WILL MEET USER'S REQUIREMENTS, WILL BE CONTINUOUS, UNINTERRUPTED OR ERROR FREE, WILL BE ACCURATE OR COMPLETE, WILL BE COMPLETELY SECURE, OR WILL NOT BE SUSCEPTIBLE TO UNAUTHORIZED ACCESS, INTRUSION OR ATTACK BY THIRD PARTIES OR TO INFECTION BY COMPUTER VIRUS OR OTHER MALICIOUS OR INJURIOUS CODE. IN NO EVENT SHALL RIJUVEN OR ANY RIJUVEN AFFILIATE BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS, ERRORS, INACCURACIES, INCOMPLETENESS OR UNAUTHORIZED ACCESS, INTRUSION, ATTACK OR INFECTION, OR OF ANY FAILURE TO MEET USER'S REQUIREMENTS, WHETHER OR NOT the party in WAS NOTIFIED, ADVISED OR WARNED, OR OTHERWISE KNEW OR SHOULD HAVE KNOWN, OF ANY SUCH REQUIREMENTS OR THE POSSIBILITY OF ANY SUCH CONSEQUENCES.
QUESTIONS
You may contact Rijuven at demo@rijuven.com with any questions, complaints or claims regarding the Application.