Terms and Conditions
Last Modified: July 26, 2018
License Grant and License Restrictions
Related Products and Services
Accessing the Website, the Application and Account Security
We reserve the right to withdraw or amend the Website, the Application, and any content, service or material we provide on the Website or the Application, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or the Application is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or the Application, or the entire Website or the Application, to certain users, including registered users or users that have subscribed to specific content, features or functionality or purchased specific products or services.
You are responsible for:
Making all arrangements necessary for you to have access to the Website and the Application.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website, the Application or portions of either using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
Intellectual Property Rights
The Website, the Application and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser or the application for display enhancement and application performance purposes.
You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
Modify copies of any materials from the Website or the Application.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website or the Application.
You must not access or use for any commercial purposes any part of the Website or the Application or any services or materials available through the same.
If you wish to make any use of material on the Website or the Application other than that set out in this section, please address your request to: email@example.com.
The Company name, the terms “Smart Solutions”, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of Company or its affiliates or licensors. You must not use such marks without the prior written permission of Company. All other names, logos, product and service names, designs and slogans on the Website or the Application are the trademarks of their respective owners.
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
To impersonate or attempt to impersonate Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, the Application, or which, as determined by us, may harm Company or users of the Website or the Application or expose them to liability.
Additionally, you agree not to:
Use the Website or the Application in any manner that could disable, overburden, damage, or impair the Website or the Application or interfere with any other party’s use of the Website or the Application, including their ability to engage in real time activities through the Website or the Application.
Use any robot, spider or other automatic device, process or means to access the Website or the Application for any purpose, including monitoring or copying any of the materials or content on the Website or the Application.
Use any manual process to monitor, copy or record any of the materials or content on the Website or the Application or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Website or the Application.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website or the Application, the server on which the Website or the Application is stored, or any server, computer or database connected to the Website or the Application.
Attack the Website or the Application via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website or the Application.
If you believe that any materials or content violate your copyright, please send us an email at firstname.lastname@example.org for instructions on sending us a notice of copyright infringement.
Reliance on Information Posted
The information presented on or through the Website and the Application is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or the Application, or by anyone who may be informed of any of its contents.
The Website or the Application may include content provided by third parties, including materials provided by other third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials or content provided by any third parties.
Changes to the Website and the Application
We may update the content on the Website or the Application from time to time, but its content is not necessarily complete or up-to-date. Any of the material or content on the Website or the Application may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
Additional Terms and Conditions
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
The Website or the Application may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on the Website or the Application.
Send e-mails or other communications with certain content, or links to certain content, on the Website or the Application.
Cause limited portions of content on the Website or the Application to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of the Website other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website or the Application
If the Website or the Application contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website or the Application, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website and the Application is based in the state of Alabama in the United States. We make no claims that the Website, the Application or any of their content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website or the Application from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet, the Website or the Application will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website, the Application for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR MOBILE DEVICE, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, THE APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THE APPLICATION OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, THE APPLICATION, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, THE APPLICATION, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THE APPLICATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE, THE APPLICATION OR THEIR CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, THE APPLICATION, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THE APPLICATION WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE, THE APPLICATION OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, THE APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THE APPLICATION WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Can we add some language here to say that this is not a life safety device? Smart Care healthcare app will have an auxillary n urse call bell and hospital bed integration. i want to beef up to say that we are not responsible for misuse of the system. also, that it is the healthcare facilities responsibility to provide all primary nurse call bell functions and smart care healthcare is not to be used without a primary nurse call bell means in place. We also want to state that our bed controller will mimic a bed control pendant. It is the healthcare facilities responsibility to manage the “limits” or safeguards the bed provides and it is not an intended function for the smart care healthcare app and system to manage limits or prevent the patient from unintended outcomes.
We also want to say that smart solutions is not liable for an interference the wireless signals may cause. (this is important for the healthcare facility). I want to make sure that we go on record by stating it is the facilities responsibility to evaluate any site impacts may have in terms of IT Department, Biomed (reviews to make sure we don’t violate their sites biomed requirements).
It should also be the facilities responsibility to clean the devices after each use
Limitation on Liability
IN NO EVENT WILL COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, EQUITY HOLDERS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, THE APPLICATION, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, THE APPLICATION OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, THE APPLICATION OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Disputes; Mandatory Arbitration and Class Action Waiver
Any disputes or claims relating in any way to your use of the Website or the Application, or to products or services sold or distributed by Company or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:
• you may assert claims in small claims court if your claims apply; and
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: 1500 First Avenue North, Birmingham, AL 35203. You may download the forms located at http://www.jamsadr.com. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com or by calling (800)-352-5267. Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules. In no event will we pay for attorneys' fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. If this specific provision is found to be unenforceable, then the entirety of this arbitration section (except for your consent to venue in Birmingham, Alabama) will be null and void and neither of us will be entitled to arbitrate our dispute.
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
The Website and the Application is operated by Company at 1500 First Avenue North Birmingham, AL 35203.
All other feedback, comments, requests for technical support and other communications relating to the Website or the Application should be directed to: email@example.com.