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Terms & Conditions – MedicSignal

By accessing, viewing or using MedicSignal.com, or any website owned and operated by MedicSignal Inc or its subsidiaries ("MedicSignal") in any manner, you expressly agree to all terms and conditions contained or referenced in these Terms of Use and all applicable laws or regulations governing this website ("Site"). These Terms of Use apply only to your use of MedicSignal and do not change or alter any other agreement or contract that may exist between you and any of the companies within MedicSignal ("MedicSignal"). MedicSignal reserves the right, in its sole discretion, to modify or change these Terms of Use at any time without prior notice to you. Your continued use of MedicSignal following the posting of any changes to the Terms of Use constitutes acceptance of those changes. The terms & conditions stated herein, do not change or amend your individual policies. If at any time you choose not to accept these Terms of Use, please do not use this website or send E-mail to any MedicSignal E-mail address. The MedicSignal E-mail system is a private E-mail system intended only for purposes authorized by MedicSignal. You are not authorized to send numerous (or any) unsolicited commercial E-mail messages to any E-mail addresses at @MedicSignal. MedicSignal reserves the right to take actions as may be necessary to prevent misuse of its E-mail system by unauthorized parties. Please remember that E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before E-mailing any personal or confidential information.

Disclaimer

MedicSignal, its websites, apps, watches, literature, products and representatives do not provide medical advice and are not intended to be a substitute for professional medical advice, diagnosis, or treatment. MedicSignal is not intended or designed to attract children under the age of 13. Use of MedicSignal is at your own risk, with content and services provided on an "as is" basis. MedicSignal disclaim all warranties and are not liable for any personal injury, including death, caused by your use or misuse of MedicSignal. You expressly agree that exclusive jurisdiction for any dispute with MedicSignal resides in the nation of New Zealand.

Scope of Use

You may not use this site to engage in any illegal activity. You may not use this site to engage in conduct which is defamatory, libelous, threatening or harassing or that infringes on a third party's intellectual property or other proprietary rights. You agree that any information you provide through this site will be truthful and accurate.

Availability of Products or Services

Not all of the products or services described on this Site are available in all geographic areas. You may not be eligible for all of the products or services described in this Site. Subject to applicable law, MedicSignal reserves the right to determine eligibility for such products or services in its sole discretion or, as permitted by law or regulation, to change the products or services mentioned at any time without notice.

The information available on the Site is intended to be a general information resource regarding the matters covered, but is not offered as legal, accounting or other professional advice, and is not tailored to your specific circumstance.

Submissions Made to MedicSignal

By providing information or materials to this Site (other than personal information subject to the MedicSignal Privacy Statement), you grant to MedicSignal an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, and transmit such information and materials for any purpose, including without limitation, disclosing any such information and materials as necessary to satisfy any law, regulation, or governmental request. You agree not to submit or transmit any E-mails or materials through the website that (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party's permission or (iv) otherwise violate any applicable laws or regulations. MedicSignal shall not be subject to any obligations of confidentiality regarding any information or materials that you submit except as specified in the MedicSignal Privacy Statement, as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

Privacy Statement

Our Privacy Statement describes our use and protection of nonpublic personal information ("customer information") and will help you understand how we treat the customer information that we obtain from you or other sources in the course of providing you with products and services. We urge you to read our privacy statement

Secure Areas; Passwords

Some portions of this site are restricted and require authorization for access. Unauthorized use of or access to these areas is prohibited. Actual or attempted unauthorized use of or access to such areas may result in criminal and/or civil prosecution. Attempts to access such areas without authorization may be viewed, monitored and recorded and any information obtained may be given to law enforcement organizations in connection with any investigation or prosecution of possible criminal activity on this system. If you are not an authorized user of such areas or do not consent to continued monitoring, you should not attempt to access such areas.

If you are an authorized user of any restricted area, you are responsible to maintain the security/confidentiality of your password. DO NOT SHARE YOUR PASSWORD WITH ANYONE. MedicSignal is entitled to act on instructions received under your password. MedicSignal will not ask you for your password. If you know or suspect that your password has been compromised, change your password immediately. If you suspect any unauthorized activity related to your account, you should contact MedicSignal. MedicSignal will not be responsible or liable for any unauthorized access to your personal information that is not the direct result of intentional conduct on the part of MedicSignal, or if you do not properly secure your password, or if you choose to share your password with anyone else. MedicSignal may block access to secure areas without prior notice if MedicSignal believes your password is being used by someone other than you or if any unauthorized access to your personal information has occurred, or may occur, or for other reasons.

questions/ coverage

At this time, on-line quotes may not be available for all states or provinces, products, services or coverage selections. For additional information about products, services or coverage selections otherwise offered by MedicSignal, please contact a MedicSignal customer support. For additional information, please contact a MedicSignal agents or managers in charge. It is your responsibility to ask any and all questions for clarification.

Ownership of Materials & Restrictions on Use

The information on this website, along with any materials (including, for example, press releases and product descriptions) is the copyrighted work of MedicSignal and is protected New Zealand and worldwide copyright laws, trademark laws, other federal and state laws, and treaty provisions. MedicSignal grants you permission to copy such materials so long as each copy: (i) is solely for informational, non-commercial use and is not modified or revised in any manner; (ii) plainly displays all copyright and other proprietary notices, in the same form and manner as on the original; and (iii) displays a statement that the materials are used solely with permission of MedicSignal. To seek permission for any other use, please contact MedicSignal.

Bulk E-mail and Other Prohibited E-mail

The MedicSignal computer network (which includes, but is not limited to, the technology and applications, which support the E-mail functionality MedicSignal provides its officers, employees, independent contractor agents, and other authorized users) is the private property of MedicSignal.

MedicSignal prohibits any bulk E-mail transmissions to be sent, or caused to be sent, over the Internet to MedicSignal E-mail addresses unless MedicSignal, through one of its officers, has specifically requested or authorized the sending of such bulk E-mail. For purposes of these Terms of Use, the word "bulk" shall mean an E-mail message, or group of identical or similar E-mail messages, sent to more than 20 different MedicSignal addresses in any 24-hour period. MedicSignal also prohibits any E-mail transmissions of the following types to be sent, or caused to be sent, over the Internet to more than 5 different MedicSignal E-mail addresses in any 24-hour period unless MedicSignal, through one of its officers, has authorized the sending of such E-mail: (1) commercial advertising; (2) informational announcements; (3) political or religious tracts; or (4) solicitations for funds or donations.

MedicSignal prohibits any E-mail transmission to be sent, or caused to be sent, over the Internet to any MedicSignalproducts.com E-mail addresses if the E-mail is intended to, or appears intended to, harass, embarrass, threaten, defame or impersonate any person, or if the E-mail is pornographic, offensive, indecent, discriminatory or offensive on the basis of sex, color, national origin, race, age, religion, sexual orientation or disability.

MedicSignal prohibits any E-mail transmission to be sent, or caused to be sent, over the Internet to any MedicSignalproducts.com E-mail address that makes use of a forged header or deceptive addressing, or which attempts in any manner to disguise the source of the E-mail.

MedicSignal prohibits the harvesting or collection of the E-mail addresses of MedicSignal agents and/or brokers and/or personal financial representatives from MedicSignal for the purpose of sending bulk E-mail to MedicSignal E-mail addresses.

MedicSignal reserves the right to take all legal and technical steps available, including pursuing civil remedies and criminal prosecution, to prevent bulk or other prohibited E-mail from entering, utilizing or remaining within the MedicSignal computer network. Nothing in this policy is intended to grant any right to transmit or send E-mail to, or through, the

MedicSignal computer network. MedicSignal's failure to enforce this policy in every instance in which it might have application does not amount to a waiver of MedicSignal's rights.

Links to Other Websites

This Site may contain links to other sites. MedicSignal provides links to other sites as a convenience to persons who visit the MedicSignal Site. If you choose to use the services provided by those sites, you may be asked by those sites to provide certain personally identifiable information (some of which may, on an individual or aggregated basis, be shared with MedicSignal). Please be aware that MedicSignal is not responsible for the privacy practices of those sites, even though MedicSignal's name or logo may appear on those sites. We encourage you to be aware of that when you leave our Site and to read the privacy policies of each and every website that you visit, as the privacy policies of those sites may differ from ours. Our Privacy Statement applies solely to this Site. MedicSignal is not responsible for the contents of any linked site or any link contained in a linked site.

Links to Other Websites

MedicSignal appreciates your interest in linking your website (the "Linking Site") to MedicSignal's websites. In order to avoid misunderstandings regarding the use of MedicSignal's trademarks, trade names and other proprietary information, MedicSignal asks that you review and agree to the following guidelines:

1. Third parties are authorized to include active links on websites they control to direct a browser to MedicSignal's "home page" at http://www.MedicSignal.com. However, third parties may not include on their websites links to any other page maintained on MedicSignal unless they have received prior written permission of an officer of MedicSignal or unless the Linking Site is an Internet search engine.

2. Framing. Unless you have received specific written permission from MedicSignal, you may not (a) "frame" or otherwise impose editorial comment, commercial material or any type of identification on (or in proximity to) content displayed on the MedicSignal website ("MedicSignal Content"), (b) alter or modify MedicSignal Content, or (c) "cut and paste" or otherwise reproduce MedicSignal Content on the Linking Site.

3. No Archiving. Your link must be to current MedicSignal only. In permitting linking, MedicSignal does not grant you the right to reproduce, modify, cache or archive the MedicSignal Content for any purpose.

4. Link At Your Own Risk. MedicSignal makes no representations or warranties regarding the MedicSignal, which are provided "as is." Linking Sites link to MedicSignal at their own risk. MedicSignal is under no obligation to maintain MedicSignal, provide or update MedicSignal Content or otherwise support your link to MedicSignal.

5. Termination. MedicSignal may revoke this license immediately if you fail to follow these guidelines. MedicSignal may revoke this license upon five (5) days notice without cause.

Reservation of Rights

MedicSignal reserves the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in this Site, including the right to block access from a particular Internet address to the Site. Our policies regarding Privacy are incorporated into these Terms of Use by reference. MedicSignal does not intend to market any products or services to children and does not knowingly collect personal information from children. By using this Site, you represent that you are at least 18 years old. If you are under 18, do not use this Site.

Disclaimers

THIS WEBSITE IS PROVIDED ON AN AS IS BASIS. TO THE EXTENT PERMITTED BY LAW, MEDICSIGNAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, EXPRESSED OR IMPLIED WARRANTIES OF MERCHANTABILITY AND, INCLUDING, FITNESS FOR A PARTICULAR PURPOSE. MEDICSIGNAL DOES NOT WARRANT THAT THE FUNCTIONALITY OR OPERATION OF THE MEDICSIGNAL SITE WILL BE UNINTERRUPTED OR FREE FROM ERROR, THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. PRODUCT TERMS, CONDITIONS, AND EXCLUSIONS NOT DESCRIBED IN THIS SITE MAY APPLY. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

Limitation of Liability

YOUR USE OF THE THIS SITE IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW, MEDICSIGNAL DISCLAIMS LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES) IN ANY WAY ARISING FROM THE FUNCTIONALITY OR OPERATION OF THIS SITE (INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM INTERRUPTIONS OF SERVICE OR DELAYS OR ERRORS IN OPERATION OR TRANSMISSION), EVEN IF MEDICSIGNAL IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Jurisdictional Statement

Access to this Site from territories where the content of this Site may be illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws or regulations.

These Terms of Use and all documents incorporated herein by reference constitute the entire agreement between MedicSignal and you with respect to this Site.

These Terms of Use shall be governed in all respects by the laws of the New Zealand, without reference to its choice of law rules. Any dispute concerning this Site shall be subject to the exclusive venue of a court of competent jurisdiction in the New Zealand.

Forward Looking Statements

This Site may contain forward-looking statements. Actual results may vary materially from those projected in the forward-looking statements. Please refer to MedicSignal's filings with the Securities and Exchange Commission.

Severability

If any provision of these Terms of Use is held invalid, void or unenforceable, then that provision will be considered severable from the remaining provisions, and the remaining provisions shall remain in full force and effect.

Disclaimer of warranties

All information, products, content and other materials in the Site, accessible from the Site, or in a Third-Party Site are provided "as is" and without warranties or representations of any kind, either express or implied. This means that MedicSignal expressly disclaims all warranties, express or implied, including without limitation the warranties of title and non-infringement and the implied warranties of merchantability and fitness for a particular purpose. In addition, MedicSignal does not represent or warrant that: (i) the operation of the Site will be error-free or uninterrupted; (ii) defects will be corrected; (iii) the Site, any emails sent by MedicSignal, or the server that makes the Site available are free of viruses or other harmful devices; (iv) the Site will be available to you or that you will qualify for products or services offered; (v) the materials in the Site will be accurate as of any particular date; or (vi) the products or services offered through the Site are available outside of the New Zealand or in jurisdictions in which MedicSignal is not properly licensed. If you are in a state that does not allow a disclaimer of implied warranties, the above disclaimer or a portion of it may not apply to you.

Limitation of liability

MedicSignal shall not be liable for any loss, damage, injury, or claim, nor any special, indirect, incidental, consequential, exemplary or punitive damages of any kind, whether such action is based in tort, contract, negligence, strict liability, or otherwise and even if MedicSignal has been advised of the possibility of such damages, which arises out of or relates in any way to: (i) the Site, materials in the Site, or the inability to use the Site; (ii) any Third-Party Site, materials in any Third-Party Site, or the inability to use any Third-Party Site; (iii) any defect, omission, error, interruption, delay, or computer virus; or, (iv) except as a result of MedicSignal's gross negligence or intentional actions, the unauthorized alteration of or access to your transmissions or personal data. If you are in a state that does not allow the limitation of liability for certain damages, the above limitation of liability or a portion of it may not apply to you. However, you agree in any event that MedicSignal's total liability for all damages, losses, injuries, or claims of any kind or nature shall be limited to the amount you have paid to access the Site.

Jurisdiction, enforceability, and termination

These Terms of Use and your use of the Site are governed in all respects by the laws of the New Zealand, without giving effect to any principles of conflicts of laws. Any dispute concerning the Site or these Terms of Use shall be subject to the exclusive venue of a court of competent jurisdiction in the New Zealand.

In the event that a court of competent jurisdiction holds any provision of these Terms of Use to be invalid or unenforceable, then such provision shall be severable from and shall not affect the validity or enforceability of the remaining provisions. These Terms of Use are effective until terminated by either party. You may terminate these Terms of Use without notice to MedicSignal by discontinuing all use of the information contained in the Site and destroying the materials you have obtained from the Site, including all related documentation and copies.

MedicSignal may terminate these Terms of Use and/or the products or services offered by MedicSignal at any time without notice to you if, in our sole judgment, you breach any term or condition of these Terms of Use. Upon termination, you must discontinue all use of the information contained in the Site and destroy the materials you have obtained from MedicSignal, including all related documentation and copies. MedicSignal is also entitled to terminate all or part of the Site at any time, without notice to you.