Effective Date: November 8, 2018
This website http://www.vavehealth.com/ contains information about products cleared for use in the United States and is intended for and directed to a United States audience only. If you reside outside the U.S., this website will not contain relevant information for you, as products are not cleared for use or sale in your country.
1. No Medical Advice
Vave’s Products and Services are available for use by a licensed healthcare professional. No director, employee, agent, or representative of Vave are engaged in rendering medical advice, diagnosis, treatment or other medical services that in any way create a physician-patient relationship through this website. The information and other content available to you via this website is for informational purposes only and is not provided as a substitute for advice provided by a doctor or other qualified healthcare professional. Please consult with a doctor or other qualified healthcare professional for medical advice or information about diagnosis or treatment.
2. Registration Data.
In registering for Vave Products and Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least eighteen (18) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using Vave Products and Services. You are responsible for all activities that occur under your account. You agree that you shall monitor your account to restrict use by minors, and you will accept full responsibility for any unauthorized use of this website, or Vave’s Products and Services. You may not share your account information or password with anyone, and you agree to (1) notify Vave immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Vave has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of this website, Vave Products and Services (or any portion thereof) in its sole discretion. You agree not to create an account using a false identity or information, or on behalf of someone other than yourself, for competitive intelligence or any other purpose. You agree that you shall not have more than one account per platform at any given time. Vave 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 the third party’s rights. You agree not to create an account or use Vave’s website, Products and/or Services if you have been previously removed or banned by Vave.
You acknowledge and agree that:
a. Although we endeavor to provide you the latest developments relating to our Products and Services, and other information related to Vave Health, Inc., we do not warrant the accuracy, effectiveness and suitability of any information contained in this website. ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. VAVE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. VAVE MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE. VAVE MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR USE OR RELIANCE ON THE CONTENT AND ALSO FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEBSITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE. users assume full responsibility and all other risks arising from use of this website. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. Some states do not allow the limitation of liability, in which case this provision may not apply to you.
b. This website may contain forward-looking statements that reflect Vave’s current expectation regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to, the success of current research programs, results of pending or future clinical trials, ongoing commercialization of its products, regulatory approvals of its products, validity and enforcement of its patents, the stability of its commercial relationships, and the general economic conditions. Vave intends to update this site on a regular basis but assumes no obligation to update any of the content.
4. Your Access and Use of this Website, Products and Services
You understand, acknowledge, and agree to the following:
a. By using this website, you agree not to disrupt or intercept our electronic information posted on this website or on any of our servers. You also agree not to attempt to circumvent any security features of our website, Products and/or Services you will abide by all applicable, local, state, federal and international laws, rules and regulations.
c. Except as expressly stated and agreed upon in advance by Vave, no confidential relationship shall be established in the event that any user of this website should make any oral, written or electronic communication to Vave (such as feedback, questions, comments, suggestions, ideas, etc.). If Vave requires or requests that such information be provided, and such information contains personal identifying information (e.g., name, address, phone number), Vave shall obtain, use and maintain it in a manner consistent with our Privacy Statement. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and Vave shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to us is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person’s proprietary or privacy rights.
5. Links to Third Party Websites.
6. Intellectual Property
The information, documents, and related graphics published in this Internet website (the “Information“) are the sole property of Vave, except for information provided by third-party providers under contract to Vave. Permission to use the Information is granted, provided that (1) the above Vave copyright notice appears on all copies; (2) use of the Information is for informational and non-commercial or personal use only; (3) the Information is not modified in any way; and (4) no graphics available from this website are used separate from accompanying text. Vave is not responsible for content provided by third-party providers, and you are prohibited from distribution of such material without permission of the owner of the copyright therein. Except as permitted above, no license or right, express or implied, is granted to any person under any patent, trademark or other proprietary right of Vave. No use of any Vave trademark, trade names, trade dress and products in this website may be made without the prior written authorization of Vave, except to identify Vave products or services.
7. Certain Restrictions.
8. User Conduct.
You agree that you will not, under any circumstances:
a. Use automation software, bots, hacks, mods or any unauthorized software designed to modify or interfere with any Company Properties;
b. Interfere with or damage Company Properties, including, without limitation, through the use of viruses, malware, spyware, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology;
c. Modify or cause to be modified any files that are a part of Company Properties;
d. Disrupt, overburden, or aid or assist in the disruption or overburdening of: (i) any computer or server used to offer or support Company Properties; or (ii) the enjoyment of Company Properties by any other person;
e. Institute, assist, or become involved in any type of attack, including, but not limited to, distribution of a virus, malware, spyware, denial of service attacks upon Company Properties, or other attempts to disrupt Company Properties or any other person’s use or enjoyment of Company Properties;
f. Attempt to gain unauthorized access to Company Properties, accounts registered to others, or to the computers, servers or networks connected to Company Properties by any means other than the User interface provided by Vave, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of Company Properties;
g. Access, tamper with or use non-public areas of Company Properties, Vave’s computer systems, or the technical delivery systems of Vave’s providers;
h. Attempt to probe, scan, or test the vulnerability of any Vave system or network, or breach any security or authentication measures;
i. Disrupt or interfere with the security of, or otherwise cause harm to, Company Properties, systems, resources, accounts, passwords, servers or networks connected to or accessible through Company Properties or any affiliated or linked sites; or
j. Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Vave or any of Vave’s providers or any other third party (including another User) to protect Company Properties.
9. Privacy and Security
Vave is committed to safeguarding your privacy online. We understand the importance of privacy to our users and visitors to our website. Our use of personally identifiable information is governed by our Privacy Statement and by accessing and using our website, you agree to be bound by that Privacy Statement.
1o. Limitations of Liability Based on Use of this Website.
You recognize and agree that when submitting your personally identifiable information to http://www.vavehealth.com/, while Vave has safeguards in place to prevent unauthorized access or interception, there is no absolute guarantee of security. VAVE DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIEDLY, THAT THE INFORMATION PROVIDED BY ANY CUSTOMER SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS. EACH CUSTOMER IS RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF HIS OR HER OWN PASSWORD.
IN THE UNLIKELY EVENT OF AN INTERCEPTION OR UNAUTHORIZED ACCESS DESPITE OUR EFFORTS, VAVE SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORIZED ACCESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), EXEMPLARY, AND/OR PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION SUFFERED BY A CUSTOMER OR USER, EVEN IF VAVE HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROTECTION APPLIES FOR ANY CLAIMS WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY.
11. Your Feedback or Contributions.
You agree that submission of any ideas, suggestions, documents, and/or proposals to Vave through its suggestion, feedback, forum or similar pages, by email, or other communication channels in connection with the Company Properties or other product or services of Vave (“Feedback”) is at your own risk and that Vave has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback.
12. Rights to Use or Reference Your Content. When users post or publish content (“Your Content”) on or in Company Properties, you, as user, represents that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content. You grant Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive, transferable, and fully sub-licensable right and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of operating and providing Company Properties to you and to our other Users. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding Your Content that you may have under any applicable law under any legal theory. Please remember that other users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of Company Properties. You warrant that the holder of any worldwide intellectual property right, including moral rights in Your Content has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.
14. Vave’s limitation of liability.