By using the Reducere™ technology, you agree to the following terms and conditions. Your continued access or use of the Reducere technology will be deemed your acceptance of this Legal Disclaimer.
COPYRIGHT AND DISTRIBUTION
The Reducere application software and screen displays are the intellectual property of KARDIIA LLC, including without limitation all copyrights, trademarks, trade dress, and any trade secrets associated with the application. All information contained in the Reducere application is the property of KARDIIA LLC.
TRADEMARK
There are references throughout the Reducere application to various trademarks and service marks, including without limitation Reducere™, and all marks whether registered or not, are the property of KARDIIA LLC.
NO ADVICE
The information contained in the Reducere application is provided only as general information, which may or may not reflect the most current medical developments. If you have any specific questions about any medical matter, you should consult a professional healthcare provider such as a Pain or Addiction specialist. The information in the Reducere application has been prepared by KARDIIA LLC. for informational purposes only and is not medical advice or counsel and should not be treated as such nor should it be relied upon as a substitute for consultations with qualified health care professionals who are familiar with the individual’s medical needs.
MEDICAL ASSISTANCE
You, or your patient, should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information in this application. This application is intended to be a tool to be used by qualified health care providers and only for compliant patients. Do not use this tool if there is any concern for diversion, addiction or abuse of medication. If any inappropriate use of medication is suspected, do not use this tool and consult a pain or addiction specialist immediately. This application is not designed to treat any urgent or unstable medical or psychological condition. If your patient is unstable, direct them to the Emergency Room.
CALCULATIONS
You are responsible for entering correct information in the Reducere application. KARDIIA LLC. is not responsible and cannot be held liable whether or not incorrect information is entered. You are responsible for verifying the accuracy and suitability of all assumptions and calculations. Do not rely solely on calculations or information found in the Reducere application.
ERRORS AND CORRECTIONS
We do not represent or warrant that the Reducere application will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not warrant or represent that the information available on or through the Reducere application will be correct, accurate, timely, or otherwise reliable.We may, but are not obligated to, make improvements and changes to any features, functionality, and content of the Reducere application at any time. In no event will KARDIIA LLC be liable for any errors or defects.
NO WARRANTIES
The medical information in this application is provided “as is” without any representations or warranties, expressed or implied. KARDIIA LLC makes no representations or warranties in relation to the medical information in the Reducere application.
Without prejudice to the generality of the foregoing paragraph, KARDIIA LLC does not warrant that:
(a) the medical information in this application will be constantly available, or available at all; and
(b) the medical information in this application is complete, true, accurate, up-to-date, or non-misleading.
KARDIIA LLC does not warrant and does not make any representations regarding the usefulness of or the expected results of the material contained in the Reducere application. Note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Please check your local laws for any such restrictions.
LIMITATION OF LIABILITY
Nothing in this medical disclaimer will limit any of our liabilities in any way that is not permitted under applicable law, or exclude any of our liabilities that may not be excluded under applicable law. Nothing in this disclaimer will:
(a) limit or exclude any liability for death or personal injury resulting from gross negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
YOU AGREE BY ACCESSING THE REDUCERE APPLICATION THAT UNDER NO CIRCUMSTANCES OR ANY THEORIES OF LIABILITY UNDER INTERNATIONAL OR CIVIL, COMMON OR STATUTORY LAW INCLUDING BUT NOT LIMITED TO STRICT LIABILITY, NEGLIGENCE OR OTHER TORT THEORIES OR CONTRACT, PATENT OR COPYRIGHT LAWS, WILL KARDIIA LLC BE LIABLE FOR DAMAGES OF ANY KIND OCCURRING FROM THE USE OF THE REDUCERE APPLICATION OR ANY INFORMATION, GOODS OR SERVICES OBTAINED IN THE REDUCERE APPLICATION INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, ARISING IN CONTRACT, TORT OR OTHERWISE (EVEN IF KARDIIA LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
LIQUIDATED DAMAGES
KARDIIA LLC'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR DAMAGES FROM ANY CAUSE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, NONPERFORMANCE OR MISREPRESENTATION, AND REGARDLESS OF THE FORM OF ACTIONS, SHALL BE LIMITED TO THE USD $180.
Without limiting the foregoing, KARDIIA LLC will have no responsibility for the adequacy or performance of (i) any third party software provided to Kardiia, LLC, (ii) any hardware, and (iii) any goods or services provided by any third party.
ARBITRATION PROVISION
If a dispute arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, will be settled by arbitration under the Commercial Rules of the American Arbitration Association and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
UPDATES AND REVERSE ENGINEERING
By using the Reducere application, you agree to receive any applicable software updates that may be issued from time to time by KARDIIA LLC. You agree to accept and install such updates as part of your use of the Reducere application. You also agree not to reverse engineer, modify, decompile, adapt, translate, disassemble, or otherwise attempt to discover the source code of the Reducere application and any KARDIIA LLC application.
LOCALITY
If you choose to access the Reducere application from outside the United States, you do so on your own initiative and are responsible for compliance with U.S. and local laws, if and to the extent that local laws are applicable. Software is subject to United States export controls. No software may be downloaded or otherwise exported or re-exported (i) into (or to a national resident of) Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (ii) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. You represent and warrant that you are not located in, under the control of, or a national resident of any such country or on any such list. You agree to comply with U.S. export control laws and that you will not transfer any software or other content from the Reducere application to a foreign national or foreign country in violation of those laws.
CHANGES AND APPLICABLE LAW
We reserve the right to make changes to the Reducere application and this Legal Disclaimer. We encourage you to review the Reducere application and these terms periodically for any updates or changes. Your continued access or use of the Reducere application will be deemed your acceptance of these Legal Disclaimers and any changes and the reasonableness of these standards for notice of changes.
Use of the Reducere application will be governed by and construed in accordance with the laws of the state of Delaware, without giving effect to its conflict of law provisions. You agree that any legal action or proceeding between you and KARDIIA LLC will be brought exclusively in a federal or state court of competent jurisdiction sitting in the U.S. District Court for the Western District of Washington. If any provision of this disclaimer is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this agreement and will not affect the validity and enforceability of any remaining provisions.
THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH AFFECTS YOUR LEGAL RIGHTS AND MAY BE ENFORCED BY THE PARTIES.
