The Websites are directed towards users who reside in the United States of America. If you are visiting this Website from outside the United States, then there may be other laws, regulations, and limitations that are promulgated from the specific country you are visiting from that may apply regarding your use of these Websites that are not described below. Please refer to section 13 for more detailed information.
THE WEBSITES ARE NOT AVAILABLE TO PERSONS UNDER THE AGE OF 13 OR TO ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM WEBSITES FROM ACUMA HEALTH.
3. No Medical Advice
Your use of the Websites and the Materials contained herein is at your own risk. By using the Websites you acknowledge that Acuma Health/Smart Monitor is providing the Materials for informational purposes only, and that neither Acuma Health nor its licensors are providing the Materials to you for the purpose of giving you medical advice.
ACUMA HEALTH/SMART MONITOR DOES NOT GIVE ANY KIND OF MEDICAL ADVICE TO ANYONE, NOT THROUGH THE SERVICES OR THE SOFTWARE, AND NOT BY ANY OTHER MEANS. ACUMA HEALTH/SMART MONITOR HAS NEVER GIVEN ANY MEDICAL ADVICE TO ANYONE AND WILL NEVER GIVE ANY MEDICAL ADVICE TO ANYONE. THEREFORE, ACUMA HEALTH/SMART MONITOR ALSO DID NOT, DOES NOT, AND WILL NOT, GIVE ANY KIND OF MEDICAL ADVICE TO YOU. YOU SHOULD ALWAYS CONSULT A HEALTHCARE PROFESSIONAL FOR ANY MEDICAL ADVICE. ACUMA HEALTH/SMART MONITOR IS NOT A HEALTHCARE PROFESSIONAL.
ALSO, YOUR USE OF THE WEBSITES AND SERVICES DOES NOT CREATE A PATIENT RELATIONSHIP BETWEEN YOU AND ACUMA HEALTH/SMART MONITOR. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE FROM A HEALTHCARE PROFESSIONAL OR DELAY SEEKING MEDICAL ADVICE FROM A HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU HAVE READ ON THE WEBSITES OR SERVICES OR THE RESULTS YOU RECEIVE THOROUGH USE OF THE SERVICES. YOU UNDERSTAND THAT THE WEBSITES AND SERVICES ARE MERELY FOR INFORMATIONAL PURPOSES, BUT THAT YOU SHOULD NOT RELY ON THE SERVICES FOR PURPOSES OF SEEKING OR SECURING DIAGNOSIS, TREATMENT, OR OTHER MEDICAL ATTENTION FROM A HEALTHCARE PROFESSIONAL REGARDING ANY DISEASE OR MEDICAL CONDITION.
4. Ownership of Content
Acuma Health hereby grants you a nontransferable, nonexclusive license to use the Materials contained on the Websites solely for your own personal, non-commercial use, and information. You may download and/or print a single copy of any of the Materials contained herein for your personal use; however, you shall not otherwise reproduce, display, publish, distribute, sell, license, or modify the Materials or incorporate the Materials into other documents, websites, or publications.
7. Prohibited Conduct
As a condition to your use of the Websites, you agree not to:
Use the Websites for any purposes other than to access Materials;
Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials;
Impersonate any person or entity, falsely claim an affiliation with any person or entity, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Websites, or perform any other similar fraudulent activity;
Delete the copyright or other proprietary rights on the Websites;
Use the Websites for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
Use the Websites if you are under the age of 13 years old;
Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Websites, features that prevent or restrict use or copying of any content accessible through the Websites, or features that enforce limitations on the use of the Websites;
Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Websites or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
Modify, adapt, translate or create derivative works based upon the Websites or any part thereof, except and only to the extent foregoing restriction is expressly prohibited by applicable law; or
Intentionally interfere with or damage operation of the Websites or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
8. User Accounts
When you create an account to use the services provided on the Websites, or otherwise use the Websites to download or purchase content or any products, services, or information from Acuma Health, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to Acuma Health on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), then you agree to immediately notify Acuma Health. You may be liable for the losses incurred by Acuma Health or others due to any unauthorized use of your account on the Websites.
9. Third-Party Sites, Products and Services; Links
The Websites may include links or references to other external websites or services solely as a convenience to users (“Reference Sites”). Links on Reference Sites may lead to resources located on servers maintained by third parties over whom Acuma Health has no control. Acuma Health does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk, and Acuma Health makes no warranties, express, STATUTORY or implied, with respect to the reference sites. You acknowledge and agree that Acuma Health 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 information, materials, products, or services contained on or accessible through Reference Sites.
10. Disclaimer of Warranties
The Websites and Materials may contain technical inaccuracies and/or typographical errors. The Websites and Materials are provided to you on an “AS IS” basis. SMART MONITOR DISCLAIMS ANY AND ALL WARRANTIES EXPRESSED, STATUTORY OR IMPLIED WITH RESPECT TO THE WEBSITES AND THE MATERIALS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR THIRD PARTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE.
11. Limitation of Liability and Damages
13. Special Considerations for International Use
While Acuma Health has designed the Websites for users in the United States, we recognize the global nature of the Internet. As a condition of using the Websites, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical and personal data exported from the United States or the country in which you reside.
The services hereunder are offered by Acuma Health 6203 San Ignacio Ave Suite 112, San Jose, CA 95119 and email: firstname.lastname@example.org. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
Date last updated: 05.15.2019