Notice of your obligation to protect the security of your account and password,
Additional terms relating to your use of the Swiss Medtech APP,
Notice of the types of use of the System that are prohibited and/or unlawful,
Liability disclaimer that limits our liability to you,
General provisions such as the governing law and additional disclaimers,
Accounts, Passwords, and Security
In order to access the System, you must create an account with Swiss Medtech APP and complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, including choosing a password and user name. You acknowledge and agree that you are not permitted to create more than one account on the System. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the System registration mechanism (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, non-current or incomplete, or Swiss Medtech APP has reasonable grounds to suspect that such information is untrue, inaccurate, non-current or incomplete, Swiss Medtech APP has the right to suspend or terminate your account and refuse any and all current or future use of the System. You are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. You agree to (a) immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. We will not be liable for any loss that you may incur because of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. You understand that you may voluntarily terminate your use of and delete your account from the System by using the applicable deactivation mechanism provided on the System.
In consideration of your access to and use of the System, you represent that you are of legal age to form a binding contract and are not a person barred from accessing or using the System under the laws of the applicable jurisdiction. Only individuals who are of legal age to form a binding contract under applicable law (i.e., eighteen (18) years of age or older in most jurisdictions) are permitted to create an account or register to use the System.
The Swiss Medtech APP
To use the Swiss Medtech APP mobile application (the “Swiss Medtech APP App”), you must have a compatible mobile device. Swiss Medtech APP does not warrant that the Swiss Medtech APP will be compatible with your mobile device.
The Swiss Medtech APP may automatically download and install updates from time to time or require the downloading and installation of updates or new versions for continued use. You acknowledge that in some instances updates and/or new versions may reduce or remove features and functionality in prior versions of the Swiss Medtech APP.
Swiss Medtech APP grants you a personal, non-transferable, and non-exclusive right and license to use the Services via the System solely for your internal use, and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the System or access to any products, information, or other content available therein.
You agree not to use or launch any automated system (including "robots," "spiders," or "offline readers") that access the System in a manner that sends more messages, requests, information, or content in a given period of time than can be reasonably performed by a human being. You further agree not to modify the System or any part thereof, in any form or manner, nor to use any modified versions of the System or other Swiss Medtech APP products, software, or other content in order to gain unauthorized access to the System, or for any reason whatsoever, without the express written consent of Swiss Medtech APP. You may not attempt to gain any unauthorized access to the System or any of its associated content, including computer systems, software, or networks.
No commercial use or redistribution of any content, software, or other Swiss Medtech APP products is permitted, unless expressly specified in a prior agreement between you and Swiss Medtech APP.
Swiss Medtech APP reserves the right, in its sole discretion, to terminate your access to the System and the related Services or any portion thereof at any time, without notice.
No Unlawful or Prohibited Use
You may not use the Services in any manner which could damage, disable, overburden, or impair the System or interfere with any other party's use and enjoyment of the System or Services. Furthermore, you may not probe, scan, test the vulnerability of, or breach any security or authentication measures of the System. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the System. Also, you may not register or attempt to register, any party for use or access to the Services, unless expressly authorized by such party to do so.
The System may contain profiles, news feeds, chat areas, news groups, forums, communities, personal pages, calendars, and/or other message or communication facilities designed to enable you to communicate with a specified group or generally (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others,
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information,
Upload, post, transmit, or otherwise make available any contribution that infringes any patent, trademark, trade secret, copyright, or other proprietary right of any party,
Upload, post, email, transmit, or otherwise make available any material or content that contains viruses, or any computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any software or computer hardware or other telecommunications apparatus or otherwise damage the property of another entity or person,
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner,
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded,
Restrict or inhibit any other user from using and enjoying the Communication Services,
Violate any code of conduct or other guidelines which may be applicable for any Communication Service,
Harvest or otherwise collect information about others, including e-mail addresses, without their consent,
Violate any applicable laws or regulations,
Harm minors in any way,
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity,
"Stalk" or otherwise harass another person,
Use the System to conduct pyramid schemes, multi-level marketing or similar solicitations,
Use any robot, spider, scraper, or other automated or manual means to access the System or the Services, or copy any System Content or information thereon, or
Delete or revise any contribution made by another person or entity without their express consent, unless such activity is expressly permitted by the Service used.
Swiss Medtech APP has no obligation to monitor the Communication Services and cannot access the details of your interactions with other users. However, Swiss Medtech APP reserves the right to terminate your access to any or all the Communication Services at any time without notice for any reason whatsoever.
Swiss Medtech APP reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Swiss Medtech APP’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children via the Services. Swiss Medtech APP does not control or endorse the content, messages or information found in any Communication Service and, therefore, Swiss Medtech APP ME specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
All content posted, uploaded, inputted, or submitted by you via the System is at your own risk and you hereby represent and warrant that you have the full legal right to so use such content and that it is not confidential or proprietary to any third party, nor are you using it in violation of any law or contractual restriction.
Copyright and Proprietary Rights
You may not modify the System, Other Sites, or any material residing on such sites, except as specifically instructed or allowed in such sites. You shall observe copyright and other restrictions imposed by Other Sites. You may not use the System or Other Sites in any manner that infringes on the rights of any person or entity.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THE SYSTEM MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION ON THE SYSTEM. Swiss Medtech APP, OUR PARTNERS, AFFILIATES, AND/OR OUR SUPPLIERS AND LICENSORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SYSTEM AT ANY TIME.
Swiss Medtech APP, OUR PARTNERS, OUR AFFILIATES, AND/OR OUR RESPECTIVE SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON OR OBTAINED THROUGH THE SYSTEM FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Swiss Medtech APP, OUR PARTNERS, OUR AFFILIATES, AND/OR OUR RESPECTIVE SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. Swiss Medtech APP AND OUR PARTNERS MAKE EVERY EFFORT TO PROTECT YOUR SECURITY, BUT, BECAUSE THE INTERNET IS AN INSECURE MEDIUM, NEITHER Swiss Medtech APP, NOR OUR PARTNERS, AFFILIATES, OR SUPPLIERS MAKE ANY REPRESENTATION OR WARRANTY THAT ANY TRANSACTION CONDUCTED THROUGH THE SYSTEM WILL NECESSARILY BE SECURE.
IN NO EVENT SHALL Swiss Medtech APP, OUR PARTNERS, OUR AFFILIATES, AND/OR OUR RESPECTIVE SUPPLIERS AND LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SYSTEM OR WITH THE DELAY OR INABILITY TO USE THE SYSTEM, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SYSTEM, OR OTHERWISE ARISING OUT OF THE USE OF THE SYSTEM, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ANY OF Swiss Medtech APP, OUR PARTNERS, OUR AFFILIATES, AND/OR OUR RESPECTIVE SUPPLIERS AND LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF OUR PARTNERS, OUR AFFILIATES, AND OUR RESPECTIVE SUPPLIERS AND LICENSORS FOR ANY DAMAGES ARISING OUT OF OR RELATED TO ANY DEFAULT HEREUNDER, REGARDLESS OF THE FORM OF THE ACTION, EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR USE OF THE SYSTEM. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.