1. Acceptance of Terms
2. Description of the Medasense’s Services
Medasense develops innovative medical devices and applications to objectively asses physiological response to pain. Such innovative medical devices and applications provide insight throughout the pain management process, enabling clinicians to personalize and optimize analgesic treatment and pain control. Medasense’s Website, provides information about Medasense’s operations, products, news and events as well as allows its users to contact Medasense and use Medasense’s customized training program.Medasense shall not assume any responsibility to any content which is published, displayed and/or suggested through the Website, its integrity, accuracy and/or reliability. Medasense cannot guarantee that the Website will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Website, and may result in the failure of your communications including, without limitation, your local network, firewall, your internet service provider, the public internet and your power supply. Medasense takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.
3. Access to the Website
It is your responsibility to ensure your computer or mobile device meets all the necessary technical specifications to enable you to access and use the Website. Medasense does not provide you with the equipment to access and/or use our Website. You are responsible for all fees charged by third parties related to your access and use of the Website (e.g., charges by Internet service providers or air time charges).
4. Account Information
During the process of creating an account in order to access the Website (“Account“) or to contact Medasense via the Website, you may be provided with or be required to select a password (the “Login Information“). The following rules govern the security of your Account and Login Information. For the purposes of these Terms, references to Account and Login Information shall include any account and account information, including user names, passwords or security questions, whether or not created for the purpose of using the Website, that are used to access the Website:
- a. You shall not share your Account or Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account;
- b. In the event you become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized disclosure of your Login Information or unauthorized access to your Account, you must immediately notify Medasense and modify your Login Information;
- c. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of your Login Information, including purchases, whether or not authorized by you;
- d. You are responsible for anything that happens through your Account, whether or not such actions were taken by you, including, for the avoidance of doubt, actions taken by third parties. You therefore acknowledge that your Account may be terminated if someone else uses it to engage in any activity that violates these Terms or is otherwise improper or illegal;
- e. You undertake to monitor your Account and restrict use by any individual barred from accepting these Terms, under the provisions listed herein or any applicable law. You shall accept full responsibility for any unauthorized use of the Website by any of the above mentioned;
- f. Medasense reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party’s rights.
Access to the Website is currently free of charge. Medasense may, at its sole discretion, change this policy and begin charging for using features and services available via the Website, and Medasense may, at its sole discretion, add, remove or change the features and services it offers or the fees (including the amount or the type of fees) Medasense charges at any time. Medasense is not responsible for any charges or expenses you incur resulting from being billed by Medasense in accordance with these Terms (including, inter alia, clearing and other payment services).
6. Account Termination
Medasense may refuse access to the Website or may terminate your Account without notice for any reason, including, but not limited to, a suspected violation of these Terms, illegal or improper use of your Account, or illegal or improper use of the Website, products, or Medasense’s intellectual property as determined by Medasense at its sole discretion. You may lose your user name as a result of Account termination, without responsibility on the part of Medasense for any damage that may result from the foregoing. If you have more than one Account, Medasense may terminate all of your Accounts. In addition to the foregoing, Medasense may selectively remove, revoke or garnishee benefits associated with your Account. If your Account is terminated, suspended and/or if any benefits are selectively removed, revoked or garnisheed from your Account, no refund will be granted, no benefits will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your Account or benefits associated with your Account or such particular service provided through the Website. You acknowledge that Medasense is not required to provide you notice before suspending or terminating your Account or selectively removing, revoking or garnisheeing benefits associated with your Account. In the event that Medasense terminates your Account, you may not participate nor make use of the Website again without Medasense’s express consent. Medasense reserves the right to refuse to keep Accounts for, and provide access to the Website or other services to any individual. You may not allow individuals whose Accounts have been terminated by us to use your Account. If you believe that any action has been taken against your Account in error, please contact us at: email@example.com.You are solely responsible to preserve the originals of any content you provide and/or upload to the Website. Medasense does not guarantee that any content will always be available through the Website. Do not rely upon the Website as a storage space for such content.
7. User Content
Medasense does not claim ownership of any data, text, graphics, photographs, or any other content, and their selection and arrangement, uploaded to the Website by any user (“User Content“). However, by sending and/or creating User Content and/or using the Website you automatically grant Medasense a non-exclusive, royalty-free, perpetual license of all worldwide rights to use, edit, modify, include, incorporate, adapt, record and reproduce such User Content, including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out of context, in all languages, in all media now known or hereafter created for the purposes set forth in the Website and these Terms, including for the avoidance of doubt commercial, non-commercial and/or promotional use by Medasense associating such User Content with your user information, user name and/or profile picture. Medasense may retain any raw material that you submit, and make internal use of such material including for testing purposes. You may request that Medasense delete and make no further use of such material by contacting us at: firstname.lastname@example.org. Medasense may or may not regulate User Content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted via the Website or any of its features. By using the Website you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that Medasense will not under any circumstances be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User Content. Medasense reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable or permanently delete User Content from the Website with or without notice for any reason whatsoever. You hereby agree that, to the maximum extent permitted by applicable law, Medasense shall at no time be responsible or held liable for the removal, modification or blocking of material or User Content that may be considered offensive and shall at no time be obligated to effect such removal other than under applicable law.
8. Rules of Conduct and Usage
You represent and warrant that you have full right and authority to use the Website and to be bound by these Terms. You agree that you will comply fully with these Terms and all applicable domestic and international laws, regulations, statutes, ordinances that govern your use of such Website. Without limiting the foregoing and in recognition of the global nature of the Internet, you agree to comply with all local and international rules regarding online conduct. You also agree to comply with all applicable laws affecting the transmission of content or the privacy of persons. You undertake that you shall not defraud, or attempt to defraud, Medasense or other users, and that you shall not act in bad faith in your use of the Website. If Medasense determines that you have acted in bad faith and/or in violation of these Terms, or if Medasense determines that your actions fall outside of reasonable community standards, Medasense may, at its sole discretion, terminate your Account and prohibit you from using the Website. You agree that your use of the Website shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree that you shall not:
- a. Create an Account with or access the Website if you are barred from using it under the provisions of these Terms or any applicable law;
- c. Upload, post, transmit or otherwise disseminate any material that is vulgar, indecent, obscene, pornographic, sexual or that is, in a reasonable person’s view, otherwise offensive or objectionable;
- d. Libel, ridicule, defame, mock, stalk, intimidate, threaten, harass, or abuse anyone, hatefully, racially, ethnically or in any other manner;
- e. Copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except if expressly authorized by Medasense or by applicable statutory law), modify or alter any part of the Website;
- f. Upload or transmit (or attempt to upload or transmit) files that contain viruses, trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Website or the computers of other users of the Website;
- g. Advertise, solicit or transmit any commercial advertisements, including chain letters, junk email or repetitive messages (spim or spam) to anyone;
- h. Violate the contractual, personal, intellectual property or other rights of any party including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the Website in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
- i. Create false personas, multiple identities, multiple user Accounts, set up an Account on behalf of someone other than yourself, use bots or other automated software programs to defraud or which otherwise violate these Terms and/or the terms of service of any third-party applications;
- j. Attempt to obtain passwords or other private information from other members including personally identifiable information (whether in text, image or video form), identification documents, or financial information;
- k. Upload or transmit (or attempt to upload or to transmit), without Medasense’s express consent, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware”, “passive collection mechanisms” or “pcms”);
- l. Improperly use support channels or complaint buttons to make false reports to Medasense;
- m. Develop and distribute “auto” software programs, “macro” software programs or other “cheat utility” software programs or applications;
- n. Encourage any third party to: (i) directly or indirectly generate usage, queries, impressions, or clicks through any automated, deceptive, fraudulent or other invalid means; (ii) edit or modify any tag, or remove, obscure or minimize any tag in any way; or (iii) engage in any action or practice that reflects poorly on Medasense or otherwise disparages or devalues Medasense’s reputation or goodwill;
- o. Make representations with respect to Medasense not approved in advance and in writing by Medasense. You shall obtain Medasense’s prior written approval to the content of any marketing message, and with respect to any use of Medasense’s trade name and/or trademarks and/or designs in connection with the Website;
- p. Rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account to anyone without Medasense’s prior written consent;
- q. Access or use an Account which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the Account creator without Medasense’s prior written consent;
- r. Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;
- s. Violate any applicable laws or regulations, or encourage or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Website;
- t. Attempt to use the Website on or through any service that is not authorized by Medasense. Any such use is at your own risk and may subject you to additional or different terms. Medasense takes no responsibility for your use of the Website through any service that is not authorized by it;
- u. Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Website; and/or
- v. Interfere with the ability of others to enjoy using the Website, including disruption, overburden or aid the disruption or overburdening of the Website’s servers, or take actions that interfere with or materially increase the cost to provide the Website for the enjoyment of all its users.
9. Intellectual Property Ownership
Medasense and/or its affiliates retain all rights in the Website’s materials (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, “Website’s Materials“). The entire contents of the Website are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You shall not, nor shall you cause any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Website pursuant to these Terms or otherwise exploit any of the Website’s Materials without Medasense’s explicit, prior written consent. The foregoing shall not apply to your own User Content that you post through the Website or its features in accordance with these Terms. All other uses of copyrighted or trademark material, including any derivative use, require explicit, prior written consent from Medasense. Any reproduction or redistribution of materials not in accordance with these Terms is explicitly prohibited and may result in the termination of your Account as well as severe civil and criminal penalties. Medasense and/or its licensors and affiliates own all right, title, and interest, including copyrights and other intellectual property rights, in and to all the Website’s Materials. You hereby acknowledge that you do not acquire any ownership rights by using the Website or by accessing any of the Website’s Materials, or rights to any derivative works thereof. You are not required to provide Medasense with any feedback or suggestions regarding any of the Website’s Materials. However, should you provide Medasense with comments or suggestions for the modification, correction, improvement or enhancement of the Website and/or any of the Website’s Materials, then, subject to the terms and conditions of these Terms, you hereby grant Medasense a non-exclusive, irrevocable, worldwide, royalty-free license, including the right to sublicense, to use and disclose such comments and suggestions in any manner Medasense chooses and to display, perform, copy, have copied, make, have made, use, sell, offer to sell, and otherwise dispose of Medasense’s and its sublicensees’ products and content embodying such comments or suggestions in any manner and via any media Medasense chooses, but without reference to the source of such comments or suggestions.
10. Disclaimer of Warranty; Limitation of Liability; Indemnification
You agree that your use of the Website shall be at your sole risk. To the fullest extent permitted by law, Medasense, its officers, directors, employees, and agents disclaim all warranties, explicit or implied, in connection with the Website and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. Medasense makes no warranties or representations about the accuracy or completeness of the content of the Website, of the content of any sites linked to the Website, of any “Third-Party Materials” (as such term is defined below) and assumes no liability or responsibility for any:
- a. Errors, mistakes, inaccuracies, non-suitability or non-conformity of any content;
- b. Direct, indirect, special, incidental, punitive or consequential damages including without derogating personal injury, property damages and/or monetary damages, of any nature whatsoever, arising out of the use of or the inability to use the Website;
- c. Any unauthorized access to or use of Third-Party Materials, secure servers and/or any and all personal information and/or financial information stored therein;
- d. Any interruption or cessation of transmission to or from the Website;
- e. Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Website by any third party; or
- f. Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Website.
Without derogating from the abovementioned, in no event will Medasense, its directors, officers, agents, contractors, partners, consultants and/or employees, be liable to you or any third person for any special, direct, indirect, incidental, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of the Website or other materials on, accessed through or downloaded from the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not Medasense has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Medasense shall not be liable for any user submissions and/or defamatory, offensive and/or illegal conduct by any third party, and that the risk of harm or damage from and/or associated with the foregoing rests entirely with you. You agree to indemnify and hold Medasense, and each of its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any of the following:
- a. Your use of and access to the Website;
- b. Your violation of any term of these Terms;
- c. Your violation of any third-party right, including without limitation any copyright, property, or privacy right;
- d. Any claim that any user submission made by you has caused damage to a third party; or
- e. Any User Content you post or share on or through the Website.
11. Dealings with Other Users
Your correspondence or business dealings with other users through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such other user. You agree that Medasense will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such other users on the Website.
12. Third-Party Material
You may be able to access, review, display or use third-party services, resources, content, information or links to other websites or resources (“Third-Party Materials“) via the Website. You acknowledge sole responsibility for and assume any and all risks arising from your access to, use of or reliance upon any such Third-Party Materials, and Medasense disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third-Party Materials through the Website. You acknowledge and agree that Medasense: (i) is not responsible for the availability, accuracy, integrity, quality or lawfulness of such Third-Party Materials or the products or services on or available from such Third-Party Materials; (ii) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third-Party Materials; and (iii) does not make any promises to remove Third-Party Materials from being accessed through the Website. Your ability to access or link to Third-Party Materials or third-party services does not imply any endorsement by Medasense of Third-Party Materials or any such third-party services. These Terms do not authorize you to, and you may not use any Third-Party Materials except as expressly permitted by the owners of such Third-Party Materials and such owners may have the right to seek damages against you for any unauthorized use of their Third-Party Materials. Without derogating from any of Medasense’s rights and remedies under these Terms and/or under law, Medasense will be entitled, at its sole discretion, to immediately discontinue the use of the Website or any part thereof, including the termination of your Account, in the event of any alleged infringement, misappropriation or violation of any rights of any third parties in connection with the Third-Party Materials. You may not use any Third-Party Materials for which you have not obtained appropriate approval to use. Medasense cannot grant permission to use third-party content.
13. Links, Search Engines
The Website may contain links to other websites or resources (“Linked Sites”). The Linked Sites are not under the control of Medasense and Medasense is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Medasense is not responsible for webcasting or any other form of transmission received from any Linked Site. The inclusion of any link does not imply endorsement by Medasense of the site or any association with its operators. You acknowledge and agree that Medasense will 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 site or resource.
Notices to you may be made via the Website and/or email. Medasense may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Website. You agree that all agreements, notices, disclosures and any other communications that Medasense provides as aforementioned satisfy any legal requirement that such communications be in writing. Any and all email notices sent to you will constitute sufficient and effective delivery and notice to you, whether or not you access or review the notice and shall be deemed to have been delivered to you, whether actually received by you or not.
Last updated: October 2019