heartisense LMS

Terms of Service

Last updated: 2016.03.15.

Please read these Terms of Services ("Terms", "Terms of Services") carefully before using the website (http://www.heartisense.com/LMS) and services (the “Service”) operated by I.M.LAB, Inc. ("I.M.LAB", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Your Responsibility
You're responsible for your conduct, and you must comply with our Terms of Service and Privacy Policy.
We may review your conduct and content for compliance with these Terms and our other applicable Policy.
Please safeguard your password to the Services, make sure that others don't have access to it, and keep your account information current.

Our Service
The Service is protected by copyright, trademark, and other applicable laws. These Terms don't grant you any right, title or interest in the Service, others' content in the Service, our trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.

Termination
You're free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you're not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others' use of the Services.

Services "AS IS"
We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, I.M.LAB, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some places don't allow the disclaimers in this paragraph, so they may not apply to you.

Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR ANY LIABILITY FOR I.M.LAB’S OR ITS AFFILIATES’ FRAUD, FRAUDULENT MISREPRESENTATION, OR GROSS NEGLIGENCE, IN NO EVENT WILL I.M.LAB, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR:
(A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR
(B) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.
THIS WILL BE REGARDLESS OF WHETHER OR NOT I.M.LAB OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
ADDITIONALLY, I.M.LAB, ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES FOR MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO I.M.LAB FOR THE PAST 12 MONTHS OF THE SERVICES IN QUESTION.
Some places don't allow the types of limitations in this paragraph, so they may not apply to you.

To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by I.M.LAB, I.M.LAB has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that I.M.LAB 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 such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Governing Law
These Terms shall be governed and construed in accordance with the laws of the Republic of Korea. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, posting on our blog or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.

Contact Us
If you have any questions about these Terms, please contact us at help@heartisense.com

Privacy Policy

PLEASE READ THE FOLLOWING LEGAL DOCUMENTS CAREFULLY.
Last Updated: March 15th, 2016

I.M.LAB, Inc. ("I.M.LAB", "we", or "our") respects your privacy and is committed to protecting the Personal Information that you may provide us while using our site located at http://www.heartisense.com/LMS (the "Site") and the services and features offered through the Site.

YOUR ACCEPTANCE OF THIS PRIVACY POLICY IS A NECESSARY CONDITION FOR USING THE SITE. BY USING THE SITE, YOU AGREE TO BE BOUND BY THIS PRIVACY POLICY'S TERMS AND CONDITIONS.

Personal Information
As used in this Privacy Policy, "Personal Information" is information that would allow someone to identify or contact you, including, for example, your full name, address, telephone number, or email address. Personal Information does not include aggregated information that, by itself, does not permit the identification of individual persons (like statistics about how many persons visited the Site last month, or how many visitors are male and how many are female). I.M.LAB does not collect any Personal Information from you unless you provide it to us voluntarily. If you refuse to divulge your Personal Information when requested, you may not be able to access certain areas of the Site.

Non-Personal Information Log Data
Like many site operators, we collect information that your browser sends whenever you visit our Site ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics.

Cookies
Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer's hard drive. Like many sites, we use "cookies" to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site.

Statistical and Usage Data.
When you use the Site, we may retrieve information about your hardware system and how our services are used, including your IP address. We use this information to enable you to use the services offered through the Site over the Internet. We also use this information to better understand the behavior and preferences of our customers, so that we can improve our products and services.

How Personal Information is Used: The Personal Information collected from you will be used to operate the Site and to provide the products or services or carry out the transactions you have requested or authorized.

In support of these uses, I.M.LAB may use Personal Information to provide you with more effective service, to improve the Site and any related I.M.LAB products or services, and to make the Site easier to use by eliminating the need for you to repeatedly enter the same information. In order to offer you a more consistent experience in your interactions with I.M.LAB, information collected by the Site may be combined with information collected by I.M.LAB from other sources.

We may use your Personal Information to provide you with information about the product or service that you have purchased or inquired about. Additionally, we may send you information about other I.M.LAB products and services, and/or share information with I.M.LAB partners so they may send you information about their products and services.

We may merge Site-visitation data with demographic information, and we may use this information to provide more relevant content. We may combine Site-visitation data with your Personal Information in order to provide you with personalized content.

I.M.LAB may disclose Personal Information if required to do so by law or in the good faith belief that such action is necessary to (a) conform to the edicts of the law or comply with legal process served on I.M.LAB; (b) protect and defend the rights or property of I.M.LAB or its affiliates; or (c) act in urgent circumstances to protect the personal safety of I.M.LAB employees or agents, users of I.M.LAB products or services, or members of the public.

Personal information collected on the Site may be stored and processed in the Republic of Korea or any other state or country in which I.M.LAB or its affiliates or agents maintain facilities, and by using the Site you consent to any such transfer of information to another state or country.

You will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of the Site, of any Personal Information contained in our database for such site, if I.M.LAB or one of its companies assigns all of its rights and obligations regarding the use of your Personal Information at the time of a bankruptcy, merger, acquisition, sale of all or substantially all of I.M.LAB's assets to a subsequent owner or operator, or similar event.

Security
I.M.LAB follows generally accepted industry standards to protect Personal Information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is completely secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

Changes to This Privacy Policy
By using the Site, you signify your assent to I.M.LAB's Privacy Policy. If you do not agree to this Privacy Policy, please do not use the Site. We reserve the right to modify this Privacy Policy at any time, so please review it frequently. If we make material changes to this policy, we will also revise the "last updated" date at the top of this Privacy Policy, and may attempt to notify you by email, pop-up screen, or by means of a notice somewhere else on the Site. Your continued use of the Site will signify your acceptance of the changes to our Privacy Policy.

Contact Us
If you have any questions about this Privacy Policy, please contact us at help@heartisense.com.

User License Agreement

Please read this User License Agreement ("Agreement") carefully before using any I.M.LAB, Inc. ("I.M.LAB") products licensed to You under this Agreement, including all Product, hardware and associated media and documentation (printed, electronic or referred to on I.M.LAB’s various websites and collectively, “Documentation”) provided to You with such products (individually and collectively, the "Product"). Such Product currently includes our heartisense LMS.
Notwithstanding any affirmative acceptance of this Agreement made during the installation or registration of a particular Product, by acquiring a license to use and/or using the Product, You, and any entity that You represent (collectively "You," "Your" or related terms), are each agreeing to be bound by the terms of this Agreement and to be fully responsible for the use of the Product by any of Your authorized users. If You do not agree to all the terms and conditions of this Agreement or if You are not authorized by the entity intended to use the Product, do not use the Product.

TERMS AND CONDITIONS

1. LICENSE GRANT
Subject to Your compliance with all the terms and conditions of this Agreement and payment of all applicable license fees associated with any license granted to You herein (collectively, “Fees”), I.M.LAB hereby grants You a limited, non-transferable, non-assignable, non-sublicensable, non-exclusive license to use the Product for the number of users contracted for and in accordance with any Documentation (“License”) for: (i) a period of thirty (30) days from the date of license issue (the "Trial Period"), in the case of free trial offered on I.M.LAB websites ("Trial Licenses"); (ii) a 365-day period in the case of purchase of a 365-day license to use the Product; (iii) the time period extended by I.M.LAB in each case in the case of free version offered on I.M.LAB websites ("Free Licenses"); (iv) for a period of thirty (30) days (or such time period as I.M.LAB may, in its sole discretion, extend from time to time in writing) from the date of license issue solely for internal, non-commercial evaluation and testing purposes, in the case of I.M.LAB Partners (defined as distributors and resellers participating in I.M.LAB’s Partner Program) who have been provided "Not For Resale" versions ("NFR") of the license. For clarity, in the case of Trial Licenses, if You do not pay the applicable Fees prior to the conclusion of any applicable Trial Period, Your Trial License will expire immediately at the conclusion of the Trial Period and you will no longer have any right or license, express or implied, to further use the Product in any manner thereafter.

2. LICENSE RESTRICTIONS
Except as expressly and clearly permitted under this Agreement or another appropriate agreement among You and I.M.LAB (or an approved I.M.LAB partner), You expressly agree not to, directly or indirectly:
(i) modify, adapt or create derivative works of the Product or any portion thereof;
(ii) reverse engineer (except when debugging such modification as described in item (i) above), disassemble, decompile the Product (or any element thereof) or otherwise attempt to discover the source code or structure, sequence and organization of the Product or any element thereof;
(iii) use the Product in violation of any usage or licensing restrictions provided elsewhere in the Documentation
(iv) use the Product in violation of any applicable law in Your jurisdiction or other jurisdictions where you operate; or
(v) copy, rent, lease, loan, resell, transfer, sublicense or otherwise distribute or sell the Product (except where otherwise expressly agreed to by I.M.LAB in writing); or
(vi) remove, alter or obscure any Product identification, trademark, copyright, confidentiality, proprietary or other notices or legends contained on or within the Product (or any copy or portion thereof).

3. LICENSE REGISTRATION
You are required to register the Product online at http://www.heartisense.com/LMS/ or the regional equivalent. The following data must be provided by You: name, email address (ID), password.

4. INTELLECTUAL PROPERTY RIGHTS
The Product is protected under intellectual property laws in the Republic of Korea and other countries protect the Product. Title, ownership rights, and intellectual property rights in and to the Product, and any copies or elements thereof, shall remain with I.M.LAB and those third party technology suppliers who have provided technology to the Product. Except for the limited rights granted to You under the License described herein all rights in the Product remain with I.M.LAB and its Third party Technology Suppliers. You further agree not to pursue or participate in a patent infringement cause of action against I.M.LAB or its Third Party Technology Suppliers.

5. COMPLIANCE MONITORING
You acknowledge that the Product includes features to enable I.M.LAB or its agents to remotely monitor Product usage in violation of the License and You hereby grant I.M.LAB the right to monitor Your usage to ensure compliance. To the extent that I.M.LAB reviews and/or collects any personal information in regards to pursuing the enforcement of this Agreement, I.M.LAB will (i) protect and keep confidential such information; (ii) not use such information for reasons other those related to License enforcement; and (iii) not sell, distribute or pass on such information to any third party, except as necessary pursuant to a valid court order and/or as required by law. (Please see our privacy policy at http://www.heartisense.com/LMS/IMLAB/about.)

6. NO REFUNDS
All license Fees are non-refundable unless the refund is required by the relevant rules and regulations in the Republic of Korea. Accordingly, please read our Product information carefully and contact us if you have any questions before you make any payment.

7. SUPPORT AND PRODUCT MAINTENANCE
Support may be obtained by all current product license holders via the I.M.LAB website at http://www.heartisense.com or your regional equivalent. Current I.M.LAB support policies apply.

8. TERMINATION
This Agreement is effective until terminated in accordance with this Section. This Agreement will terminate automatically without notice from I.M.LAB if (i) You fail to comply with any term(s) or conditions hereunder, including failure to make full payment of applicable license Fees; or (ii) at the end of any applicable term where applicable Fees have not been paid. You may terminate this Agreement at any time by destroying all copies of the Product and all associated license-related documentation. Notwithstanding termination of this Agreement for any reason, any provision herein that by its intended effect reasonably should survive termination shall remain effective post termination as needed to affect such provision. Upon the termination of this Agreement for any reason, the License granted hereunder shall terminate and You agree to cease all use of the Product and to destroy all copies of the Product and related information.

9. DISCLAIMER OF WARRANTIES
The Product is provided "as is", with all faults and without warranty of any kind, and I.M.LAB, its representatives, its distributors and resellers and its third party technology suppliers (collectively referred to as "I.M.LAB" for the purposes of these Sections 9, 10 and 11) hereby disclaim all warranties and conditions with respect to the Product, either express, implied or statutory, including, but not limited to, the implied warranties and conditions of merchantability, satisfactory quality, or fitness for a particular purpose, accuracy, enjoyment, or non-infringement. In entering this Agreement You expressly acknowledge and agree that use of the Product is at your sole risk and that You understand that no guarantee or representation is made by I.M.LAB with regard to the satisfactory quality, performance, accuracy, fitness for a particular purpose, or enjoyment with regard to Your use of the Product.
I.M.LAB and its Third Party Technology Suppliers do not warrant (i) against interference with Your enjoyment of the Product; (ii) that the functions contained in the Product will meet Your requirements, (iii) that the operation of the Product will be uninterrupted or error-free, or (iv) that defects in the Product will be corrected. No oral or written information or advice given by I.M.LAB shall create a warranty. In entering this Agreement You understand that this disclaimer of warranty constitutes an essential part of this Agreement.

10. LIMITATION OF LIABILITY
Under no circumstances and under no legal theory (whether in contract, tort, negligence or otherwise) will I.M.LAB, or its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to You or any third party for any indirect, incidental, special, exemplary, consequential, punitive or similar damages, including lost profits, lost sales or business, lost data, business interruption, or any other loss incurred by You in connection with the License granted herein or Your permitted use of the Product, regardless of whether You have been advised of the possibility of or could have foreseen such damages.
Notwithstanding anything to the contrary in this Agreement, I.M.LAB’s aggregate liability to You or any third party arising under this Agreement or otherwise in connection with The above warranty disclaimers and limitations on liability shall not apply in jurisdictions where such disclaimers and/or limitations are not permitted, but only to the extent such disclaimers are prohibited.

11. INDEMNITY FOR PRODUCT USAGE
You agree that I.M.LAB and its Third Party Technology Suppliers shall have no liability whatsoever for any use You make of the Product. You agree to indemnify and hold harmless I.M.LAB and its Third Party Technology Suppliers from any claims, damages, liabilities, costs and fees (including reasonable attorney fees) arising from Your use of the Product as well as from Your failure to comply with any term of this Agreement. Your indemnity shall survive any termination of this Agreement, for any reason.

12. HIGH RISK USE
You acknowledge that the Product is not specifically designed for use in direct connection with any high risk or strict liability activity (such as air travel, space travel, fire fighting, police operations, vehicle operations, power plant operations or power generation applications, transport management systems, military operations, rescue operations, hospital and medical operations or the like).

13. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by the laws of the Republic of Korea. You hereby expressly agree to submit to the exclusive personal jurisdiction of courts located in Seoul, the Republic of Korea, for the purpose of resolving any dispute relating to this Agreement, access to or use of the Product by You.