Last Updated: September 15, 2020
These Terms of Use (“Terms”) govern your use of the Website of QT Medical, Inc. (“Website”), any of QT Medical mobile application (“App”), application programming interfaces, and other services offered by QT Medical, Inc., as well as services offered through third parties integrating QT Medical functionality and diagnostic and interpretation services through EKG360 P.C. (the “Services”). QT Medical, Inc. and EKG360 P.C., as applicable, may be referred as (“we” or “us” or “QT Medical”). “You” refers to the user of the Website or Services. The QT Medical Website includes product information, instructions for use, payment options, and methods of contacting us. Your use of our Website and Services constitutes your acceptance of these Terms and our Privacy Policy and together form a legally binding agreement. When the user of the Website or Services is an organization, the person who registers for an account will be deemed as the administrator of the organization account (the “Admin”), and is agreeing to these Terms on behalf of that organization and each and all members of such organization.
Before using the Website or Services, please review the following terms and conditions and our Privacy Policy. Collection and use of user information under the Website is subject to the Privacy Policy. QT Medical reserves the right to change these Terms or to modify any Website features or the Services at any time. It is your responsibility to regularly review and determine whether you agree to the revisions. By using the Website or Service, you acknowledge, accept and agree with these Terms, including but not limited to the use and treatment of Personal Information in accordance with the Privacy Policy.
Nothing contained within the Website should be treated as clinical advice or used as a substitute for professional medical advice, nor should be construed as recommending any particular health-care treatment or plan. DO NOT USE THIS SERVICE FOR EMERGENCY MEDICAL NEEDS. If you experience a medical emergency, CALL 911 IMMEDIATELY.
THE FOLLOWING IS A BINDING CONTRACT. PLEASE READ IT THOROUGHLY BEFORE USING THE WEBSITE OR SERVICE.
You are responsible for your use of the Website and Services, and for any use of the Website or Services made using your account. Our goal is to facilitate safe, secure, and convenient remote electrocardiogram (“ECG”) services. To promote this goal, we prohibit certain kinds of conducts that may be harmful to you or to us. When you use the Website or Services, you shall NOT:
To access certain features of our Website or App, you will need to provide certain contact information. When registering for the Services, you will need to create an account by entering your name, email address, password, contact information, and certain other information collected by the Website and Services. You may not transfer or share your account password with anyone or create more than one account. Your access is specific to you and you are responsible for anything that happens through your access unless you report misuse. You promise that you will only post information and content that (A) you have the right to share; (B) does not violate the law or anyone’s rights (e.g., without violating any intellectual property rights or breaching a contract); and (C) is truthful. We are not obligated to publish any information or content on the Website and can remove any content in our sole discretion, with or without notice.
To protect your personal data and privacy, please use a distinct and non-obvious username and password combination, and do not share your account information with others. In the case of an organization user, it is the sole discretion of the Admin to share the account information, including the user name and password, with one or multiple members of the organization, QT Medical will not be liable for any loss or damage arising from your failure to keep personal data and/or account information secure.
When you upload an ECG to the Website or App, you may request that your physician interpret the results. A routine ECG reading is reviewed by the physician typically within two (2) weeks. If you would like your ECG interpreted sooner than two (2) weeks, please contact your physician’s office during office hours or exchange service for further instructions. You may also request our cardiologist to perform the Services for routine, urgent, and stat ECGs through the Website or App.
You represent that by using the Service, you are at least eighteen (18) years of age.
We own or license all right, title, and interest in and to (a) the Website, App, and Services, including all software, text, media, and other content available on the Website, App, and Services (“Our Content”); and (b) our trademarks, logos, and brand elements (“Marks”). The Website, App, and Services, Our Content, and Marks are all protected under U.S. and international laws. The look and feel of the Website and Services are copyright © QT Medical, Inc., All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from QT Medical, Inc.
Your access to the Website or App does not give you any right, title or interest in the Website or App. You may not, with respect to the source code, design, or any other intellectual property related to the Website or App, copy; download; modify or create derivative works based upon; decompile, disassemble, or reverse engineer; defeat, disable, or circumvent any protection mechanism; make accessible to the public or third parties, whether over networks, electronic bulletin boards, Websites, or otherwise; sell, license, sublicense, lease, rent, distribute, disclose, or transfer to any third party, whether for profit or without charge; or distribute on any media.
We have the right to use “cookies” and other similar functions on computer(s) and other devices you may use to access the Website or App for purposes of better functionality, identification, and communicating matters that may be important or of interest to you.
We also have the right to use the ECG data you upload to our Website and App after it has been de-identified in accordance with 45 C.F.R. § 164.514(b)(1)-(2). De-identified data may be used for both internal and commercial purposes, including the development of our algorithms and to improve our Services.
You own all of the content, feedback and contact information that you provide to us on the Website (“Your Content”). By entering Your Content, you grant to us a non-exclusive, worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process Your Content, without any further consent, notice or compensation to you or others. We have the right to compile, analyze, share and otherwise use your information, including Your Content, at our discretion, including for the purposes of improving our Website and Services. To retract this license, please notify us in writing. Our license will terminate upon receipt of such notice, provided that reasonable time shall be permitted for us to remove Your Content from our systems. Removal of Your Content does not apply to information that was previously shared, copied, or accessed and does not apply to the extent that Your Content must be retained for legal compliance or audit purposes.
Your privacy is very important to us. You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You are responsible for changing your password promptly if you think it has been compromised. In no event should you share your username or password with any third party or allow another person to access the Service using your username and password. Please notify us at privacy@qtmedical.com if you have any reason to believe that your username or password has been lost, compromised, or misused in any way. We reserve the right to revoke or deactivate your username and password at any time should we find that you have violated these Terms. You acknowledge that email may not be a private communication between you and QT Medical and that anyone with access to your email account may be able to access email communications. Our Services allow the secure upload and transfer of your ECG data from your QT Medical device and personal mobile device. We have implemented and maintain appropriate measures in accordance with generally accepted industry standards to (i) protect against any anticipated threats or hazards to the security or integrity of your ECG data; and (ii) protect against unauthorized access to ECG data, in accordance with our Privacy Policy. We are not responsible or liable for any damage or loss related to any unauthorized access or use of your account.
Our Privacy Policy explains how we collect, use, protect, and when we share PHI and personal information with others.
The Website and Services may contain links to other Websites and online resources. A link to a third party’s Website does not mean that we endorse it or that we are affiliated with it. Third-party content might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. You are responsible for deciding if you want to access or use third-party content, including third-party apps or Websites that link from the Website. We are not responsible or liable for any damage or loss related to the use of any third-party Website or content. You should always read the terms and conditions and privacy policy of a third-party Website before using it.
We retain the right, in our sole discretion, to enhance and update the Website, App, and Services. Any upgrades requiring action by you will be sent via push notifications, we will endeavor to provide you with the option of whether or not to install the update; however, in certain circumstances (e.g., security risks), we may require you to install the update to continue accessing the Services. You hereby agree to take timely action to accept such upgrades, either manually or by enabling automatic updates in the system settings. We may change or discontinue the Website, App, or Services at any time. To the extent allowed under law, these changes may be effective upon notice provided on the Website or App. In addition, we cannot promise that the Website or App will be available whenever and wherever you try to access it. You acknowledge and agree that at times you will not be able to access parts or all of the Website or App and that if the Website or App becomes unavailable during your use, Your Content or other data entered by you may be lost.
You may stop using our Services by giving one-day prior notice. We also reserve the right to end the Website, App, or Services, or terminate any user’s right to access the Website, App, or Services at any time, in our discretion, with announcement in advance. Furthermore, we may suspend or terminate your use of the Website, App, or Services if you’re not complying with these Terms, or use the Website, App, or Services in a manner that would cause us legal liability, disrupt the Services or disrupt others’ right to use.
THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR MOBILE DEVICE MUST HAVE ACCESS TO AND BE CONNECTED WITH THE INTERNET IN ORDER FOR OUR APP TO SUPPORT OUR ECG DEVICE AND RECEIVE OUR SERVICES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR COMPANY AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) DISCLAIMS ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
IN PARTICULAR, OUR COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE WEBSITE, APP, OR SERVICES, OR THE CONTENT OF ANY WEBWEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE WEBSITE, APP OR SERVICES. OUR COMPANY AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE, APP, OR SERVICES; (c) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEBSITE, APP, OR SERVICES;(d) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THORUGH THE APPLICATION BY ANY THIRD PARTY; OR (e) ANY LOSS OR DMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED TRANSMITTED, OR OTHERWISE MADE AVAILABEL ON OR THORUGH THE WEBSITE, APP, OR SERVICES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
You agree to indemnify and hold harmless QT Medical and any of our officers, directors, shareholders, subsidiaries, and affiliates, from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms by you or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.
QT Medical agrees to indemnify and hold harmless You and any of Your officers, directors, shareholders, subsidiaries, and affiliates, from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms by QT Medical and any of its officers, directors, shareholders, subsidiaries, or affiliates. If You assume the defense of such a matter, QT Medical will reasonably cooperate with You in such defense.
You and QT Medical agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and QT Medical hereby waive any right to a jury trial of any Claim (defined below). All controversies, claims, counterclaims, or other disputes arising between you and QT Medical relating to these Terms or the Services (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). You agree that the laws of the State of California, excluding its conflict of laws rules, shall exclusively govern any legal dispute relating to these Terms. We agree to attempt to resolve any Claim against each other, including our agents, employees, successors, assigns, or affiliates through face to face negotiations in California. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you or QT Medical from seeking action by federal, state, or local government agencies. You and QT Medical also have the right to bring qualifying claims in small claims court. In addition, you and QT Medical retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
Neither you nor QT Medical may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or QT Medical’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms. This Section of the Terms will survive the termination of your relationship with QT Medical.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions.
You agree that any action of whatever nature arising from or relating to these Terms, the Website, or Services will be filed only in the state or federal courts located in Los Angeles County, California. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.
The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
From time to time, we may change these Terms. If we change these Terms, we will give you notice by posting the revised Terms on the Website. Those changes will go into effect on the Revision Date shown in the revised Terms. By continuing to use the Website or Services, you acknowledge the revision of these Terms and agree to be bound by the revised Terms.
PLEASE check the Website frequently for any changes to these Terms.
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