user_agreement - Zewa Medical Technology

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End User License Agreement
End User   License Agreement and Terms of Use
  
ZEWA, Inc. a Florida Company operates this app under the name   MyHealthConnected and hereby establishes this Agreement between itself and the individual reviewing this document ("You" or "Your"   in this Agreement).
Tools and services provided by ZEWA, Inc. assist individuals in   recording and monitoring measurements collected on certain Zewa devices. These   tools are referred to as "Services" in this Agreement.
You agree to accept these terms:
  
1.    Term of Agreement and Services
1.1. Starting Date - You will be authorized and licensed to   use the Services as of the date You accept this Agreement and all aspects of   this Agreement will be effective from that date.

1.2. Termination of Agreement - Termination of the   Agreement may be made by You or by ZEWA, Inc.. Your authorization   and license to use the Services will terminate on the effective date of the   termination of this Agreement.
  • You may terminate this Agreement at any time deleting this app.
  • ZEWA, Inc. may terminate this Agreement at any time by written notice to You.
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1.3. Suspension of Services – ZEWA, Inc., may suspend Your   use of the Services at any time that ZEWA, Inc., has reason to believe that   You have used or are using the Services for an unlawful or unethical purpose;   You are using the Services to infringe or facilitate the infringement of any   intellectual property right; or You are in violation of any part of this   Agreement. ZEWA, Inc. shall reinstate Your use of the Services if   it is determined that no violation has occurred.
  
2.    No Healthcare Advice
2.1. You acknowledge and agree that neither the   MyHealthConnected App nor Zewa (or any of its affiliated entities) nor any   Zewa device you use nor any related information provides any medical or other   health care advice, diagnosis or treatment. Always seek the advice of your   doctor or other qualified health care professional with any questions you may   have regarding a medical condition or any disease management or wellness   program. Never disregard professional medical advice or delay in seeking it   because of information you received or accessed on or through the   MyHealthConnected App or related service.
  
3.    Using the Services
3.1. Purposes for Use of the Services - You may only access   and use the Services for purposes of recording and monitoring   Your personal information.
3.2. Access to the Services - The Services are accessible   by use of the app.
3.3. Delivery of Services - All Services are available via   the app.
3.4. Availability of Services - Reasonable efforts will be   made by ZEWA, Inc., to make sure the Services are available twenty-four hours   per day, 365 days per year, subject to occasional interruption for reasonable   periods of time for purposes of maintenance, upgrades and other management   activities. The Services may be interrupted for other reasons beyond ZEWA,   Inc. control.
3.5. Use of Services for Communication with Healthcare   Provider - You may choose to give Your healthcare provider access   to Your Personal Health Information. However, ZEWA, Inc. cannot guarantee the   uninterrupted availability of the Services or the accuracy, integrity or   completeness of any Personal Health Information. Zewa, Inc. Services must not be used to communicate information which   may indicate or be needed to support healthcare in a medical emergency or   other urgent medical situation. If You are experiencing   symptoms which indicate You may be having an emergency or urgent medical   situation, You should immediately call 911.
  
4.    Access to the Services
4.1. Procedures for Your Access - Once You have accepted   terms of this Agreement, You may select a user name and password   for access to the Services and Your Personal Health Information. This user   name and password will identify You to ZEWA, Inc., and authenticate Your   identity for these purposes.
  • You are responsible for any use of Your user name or password. ZEWA, Inc., will rely upon Your user name and password in granting access to the Services and Your Personal Health Information, and cannot independently determine whether You are the person presenting them.

5.    License for Services
5.1. License to Use Services - You are licensed to use the   Services, and to authorize Sharing Partners to use the Services as long as   this Agreement is in effect; PROVIDED You do so in compliance with this   Agreement and with all policies or terms of use which are incorporated in   this Agreement. This is a non-exclusive right and license to use the   Services, which is non-transferable and assignable only to the extent that it   includes an authorization to register and authorize Sharing Partners to use   the Services as provided in this Agreement, only for purposes related to Your   diabetes management.
5.2. License Restrictions - You may not use the Services   for any purpose not expressly allowed by this Agreement. In particular, but   without limiting the preceding restriction, You may not:
  • Access the Services by using a user name and/or password other than one issued to You.
  • Reverse engineer or attempt to obtain the source code of any software included in the Services.
  • Attempt to view, alter, destroy, copy, disclose or transmit information about any other person through the use of the Services.
  • Create derivative works based on or including the Services without ZEWA, Inc., prior written consent.
  • Use the Services for any purpose or activity which may be illegal.
  • Rent or lease use of the Services to any other party.
  • Use the Services to provide communications or transfer of data except to the extent that such communications or transfer includes Your Personal Health Information.
  • Use the Services for any activity or purpose which may cause harm to any or may interfere with the effective functioning of the Services.
  • Use the Services in any way that could impair or interfere with any other use of the Services.
  • Use the Services to attempt to gain unauthorized access to any information, documents, records, accounts, devices, systems or networks connected to the Services.
  • Obtain or attempt to obtain, through use of the Services, information or materials not intentionally made available through the Services.
  • Upload or distribute files that contain viruses or any other similar software or programs that may damage electronic data or the operation of any device or software.
  • Use the Services for any personal commercial use, surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • Use the Services to violate the legal rights of others, or to defame abuse, harass, stalk, or threaten others.
  • Post, upload, publish or disseminate any obscene, indecent, profane, pornographic, or unlawful material or information through use of the Services.
  • Use the Services to upload, or otherwise make available, files or messages that contain images, photographs, movies, music, software or other material protected by intellectual property laws, including, but not limited to, copyright or trademark laws without the legal right to do so.
  • Use the Services to advertise or offer to sell or buy any goods or services.
      
5.3. Intellectual Property Rights – ZEWA, Inc., or   its suppliers own the title and intellectual property rights in all images,   photographs, icons, animations, video, audio, music, and text that are   incorporated into the Services ("Content"). These are protected by   applicable intellectual property laws and treaties. You are not provided   rights to access view or use the Content for any purposes other than Your personal   diabetes management.
  
6.    Defense of Infringement and   Misappropriation Claims
6.1. Notice and Cure - Should ZEWA, Inc., receive notice   that the Services may infringe any copyright, trademark or patent or   constitute a misappropriation of a trade secret, ZEWA , may choose, at its   sole discretion, to:
  • Secure rights permitting You to continue using the Services; or alter the Services so as to provide for equivalent substitute functioning.
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7.    Limitation of Liabilities
7.1. Disclaimer of Warranties - You are considered to have   accepted the Services as of the date You accept this agreement. To   the greatest extent permitted by applicable law, ZEWA, Inc., and its   suppliers provide the services "as is" and with all faults. ZEWA,   Inc., and its suppliers hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any   implied warranties, duties or conditions of merchantability, fitness for a   particular purpose, title, quiet enjoyment, quiet possession, security,   conformity to description, non-infringement, reliability or availability,   accuracy or completeness, results, lack of viruses, all with regard to the   Services or otherwise arising out of the use of the services. The entire risk   as to the quality or arising out of the use or performance of the Services at   all times remains with You.
  
7.2. Exclusion of Incidental, Consequential and Certain   other Damages - To the maximum extent permitted by applicable law, in no   event shall ZEWA, Inc., or its suppliers be liable for any special,   incidental, punitive, indirect or consequential damages whatsoever   (including, but not limited to, damages for loss of profits or confidential   or other data or information, business interruption, personal injury, loss of   privacy, failure to meet any duty including good faith or reasonable care,   negligence, and any other pecuniary or other loss whatsoever) arising out of   or in any way related to Your use of or inability to use the Services , the   provision of or failure to provide the Services, or otherwise arising out of   Your use of the Services, or otherwise under or in connection with any   provision of this license, even in the event of the fault, tort (including   negligence), misrepresentation, strict liability, breach of contract or   breach of warranty of ZEWA, Inc., or any supplier, even if ZEWA, Inc. or any supplier has been advised of the   possibility of such damages. Because some jurisdictions may not allow the   exclusion or limitation of liability for consequential or incidental damages,   the above limitation may not apply to You.
  
7.3. Limitation of Liability and Remedies - Notwithstanding   any damages that You might incur for any reason whatsoever (including,   without limitation, all damages referenced herein and all direct or general   damages in contract or anything else); Your sole and exclusive remedy under   this license is to discontinue using the Services. The foregoing limitations,   exclusions and disclaimers shall apply to the greatest extent permitted by   applicable law, even if any remedy fails its essential purpose.
  
8.    Dispute Resolution
8.1. Arbitration - All claims or disputes arising from or   pertaining to this Agreement, excepting only actions for injunctive relief of   violations or threatened violations of the License terms of Section 5, shall   be determined by final and binding arbitration, conducted in , Florida, in   accordance with the Arbitration Rules then obtaining of the American   Arbitration Association. Judgment upon any arbitration award may be entered   in any court of competent jurisdiction.
8.2. Injunctive Remedies for License Violations - You   hereby accept and acknowledge that any violation of the License terms of   Section 5 by You may cause irreparable injury to ZEWA, Inc., and,   as a result, ZEWA, Inc. shall be entitled to seek any injunctive relief or   other rights or remedies to which ZEWA, Inc., is or may be entitled to under   law.
8.3. Applicable Law - This Agreement shall be interpreted   consistently with federal law applicable to the parties, provided that state   law issues shall be exclusively interpreted according to the laws of the   State of Florida, without regard to choice of law principles.
8.4. Jurisdiction and Venue - Jurisdiction and venue for   any action regarding injunctive relief under this License shall be in the   Circuit Court for Lee County, Florida. The Subscriber hereby waives all   defenses of lack of personal jurisdiction and forum non conveniens.
8.5. Legal Fees and Costs - In the event of legal   proceedings for injunctive relief arising from or pertaining to this   Agreement, the substantially prevailing party shall be awarded reasonable   attorneys fees and costs of litigation, including any on appeal or in   bankruptcy proceedings.
  
9.    Dormant/ Abandon Accounts.
9.1.  ZEWA, Inc. considers an account Dormant or   Abandon after 6 months of inactive use after your first year of service ZEWA,   Inc. reserves the right to purge ALL Records from any account that is dormant   or abandon.  All records, personal information, diary entries, etc.   cannot be recovered once it is purged from the Service.
  
10. Amendment
10.1.  ZEWA, Inc. may from time to time choose to amend   this Agreement by posting a notice of such amendment and publishing the   amended Agreement on the Services website.
  
11. Severability
11.1.  If any provision of this Agreement is held to   be void, invalid, unenforceable or illegal, the other provisions shall   continue in full force and effect.
  
12. Warranty Disclaimer
12.1.  The Service is provided on an "as is"   and "as available" basis. Use of the Service is   at Your own risk. The service is provided without warranties of any   kind, whether expressed or implied, including, but not limited to, implied   warranties of merchantability, fitness for a particular purpose, or   non-infringement. Without limiting the foregoing, ZEWA, Inc., its   subsidiaries, and its licensors do not warrant that the content is accurate,   reliable or correct; that the Service will meet Your requirements; that the   Service will be available at any particular time or location, uninterrupted   or secure; that any defects or errors will be corrected; or that the Service   is free of viruses or other harmful components. Any content downloaded or   otherwise obtained through the use of the Service is downloaded   at Your own risk and You will be solely responsible for any damage   to Your computer system or loss of data that results from such download.
12.2.  ZEWA, Inc., does not warrant, endorse,   guarantee, or assume responsibility for any product or service advertised or   offered by a third party through the ZEWA, Inc. service or any hyperlinked website or   service, or featured in any banner or other advertising. ZEWA, Inc. will not   be a party to or in any way monitor any transaction between You and   third-party providers of products or services.
12.3.  The ZEWA, Inc. services are not designed to be   a substitute for or to provide medical advice. ZEWA, Inc. shall not be liable   to user or any third parties who disregard professional medical advice, or   delay in seeking such advice, because of something they have learned through   use of the ZEWA, Inc. services. ZEWA, Inc. shall not be liable to user or any   third party if users rely on information on ZEWA, Inc. in place of seeking   professional advice.  Reliance on any information contained on ZEWA,   Inc. is solely at the user's own risk.
12.4.  Moreover, ZEWA, Inc. is not responsible or   liable to user or any third party for any advice, course of treatment or   diagnosis provided by a physician or other heath care   professional.  ZEWA, Inc. neither recommends nor endorses any   specific tests, products, procedures, opinions or other information that may   be recommended to a user or a health care professional. Limitation of   liability To the maximum extent permitted by applicable law, in no event   shall ZEWA, Inc., its affiliates, directors, employees or its licensors be   liable for any direct, indirect, punitive, incidental, special, consequential   or exemplary damages, including without limitation damages for loss of   profits, goodwill, use, data or other intangible losses, that result from the   use of, or inability to use, this service. Under no circumstances will ZEWA,   Inc. be responsible for any damage, loss or injury resulting from hacking, tampering   or other unauthorized access or use of the service or Your account   or the information contained therein.
12.5.  To the maximum extent permitted by applicable   law, ZEWA, Inc. assumes no liability or responsibility for any (i) errors,   mistakes, or inaccuracies of content; (ii) personal injury or property   damage, of any nature whatsoever, resulting from Your access to and use of   our service; (iii) any unauthorized access to or use of our secure servers   and/or any and all personal information stored therein; (iv) any interruption   or cessation of transmission to or from the service; (v) any bugs,   viruses, trojan horses, or the like that may be transmitted to or   through our service by any third party; (vi) any errors or omissions in any   content or for any loss or damage incurred as a result of the use of any   content posted, emailed, transmitted, or otherwise made available through the   service; and/or (vii) user content or the defamatory, offensive, or illegal   conduct of any third party. In no event shall ZEWA, Inc., its affiliates,   directors, employees, or licensors be liable to You for any claims,   proceedings, liabilities, obligations, damages, losses or costs in an amount   exceeding the amount You paid to ZEWA, Inc., hereunder.
12.6.  This limitation of liability section applies   whether the alleged liability is based on contract, tort, negligence, strict   liability, or any other basis, even if ZEWA, Inc. has been advised of the   possibility of such damage. The foregoing limitation of liability shall apply   to the fullest extent permitted by law in the applicable jurisdiction.
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