Smart Heart™ Portal Terms of Use

This website is intended for healthcare professionals only. By accessing this website you confirm that you are a healthcare professional authorized to access the information related only to your patients.

If you are not a healthcare professional and wish to obtain information with regard to Smart Heart, please proceed to:

The use of the Smart Heart™ Portal website is provided subject to your acceptance of separate terms and conditions for use of the Smart Heart™ device and services. By accessing or using this website and the services provided through this website ("Services"), you agree to be bound by the additional terms and conditions below. Please read these Portal Terms of Use carefully before accessing or using the Services. If you do not agree with these Terms of Use, you must immediately terminate use of this website.

The provider of this website and Services provided through this website (“SHL”) may modify this Terms of Use and the Services at any time, and such modifications shall be effective immediately. You agree to review the contents of the Portal periodically to be aware of such modifications and your continued access or use of the website and Services shall be deemed as your acceptance of the modified agreement.

The access and use of this website, the Services and the information generated by the Smart Heart™ device and service, are intended only for the use of healthcare professional and authorized users of the Smart Heart™ device and service (the “Users”).

The Users acknowledge that that any reading, understanding, processing, interpretation and analysis of medical and healthcare data and information accessible through the website and the Services requires proper and relevant medical education, knowledge, and authorization. Users acknowledge that the data and information provided through this website and the Services is not intended nor implied to be a substitute for medical diagnosis or treatment by a physician or qualified healthcare professional, and in no way should this information be considered as medical advice by SHL.

You also understand that SHL cannot and does not guarantee or warrant that the data, information, and files available for downloading through the Portal will be free of infection or viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. Each User is responsible for implementing sufficient procedures and checkpoints to satisfy his or her particular requirements for accuracy of data input and output, and for maintaining the data in a manner external to the Services, including for the reconstruction of any lost data. SHL does not assume any responsibility or risk for your use of the Portal Services. The website information and Services are provided “AS IS”, and SHL does not make any express or implied warranties, representations, or endorsements whatsoever with regard to the Services and any other services provided through this website. Except as otherwise expressly specified, SHL does not warrant the accuracy, completeness or correctness, timeliness or usefulness of any information provided through the website or the Service or on the Internet generally. In no event will SHL be liable to the Users or anyone else for any decisions made or action taken by the User or anyone else in reliance upon the information provided through the website or the Services, nor will SHL be liable for any special, indirect, incidental, or consequential damages, even if it has been advised of the possibility of such damages.

You agree that you will not upload or transmit any communications or content of any type to this website that infringe or violate any rights of any third party, or is obscene, disparaging, offensive, sexually explicit or contains any material that could give rise to any civil or criminal liability under applicable law or regulations.

You further agree that you will not knowingly upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web site.

By submitting communications or content, you agree that such submission is non-confidential for all purposes. If you make any submission to this website, including any business information, idea, concept, or invention, you automatically grant SHL a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed.

All content appearing on this website is the property of SHL. All brand, product, service, and process names appearing on this website are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by SHL. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of SHL or any third party, except as expressly granted herein.

Certain links on this website may lead to resources located on servers that are not maintained by SHL or under its control. Such links are provided for the convenience of visitors to the SHL website, and SHL is not responsible for the contents of any such referenced websites and expressly disclaims any legal liability whatsoever with respect to any claims arising from use of such links. The inclusion on this website of any link to another website, or any reference to any product or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply an endorsement or recommendation by SHL.

You agree to defend, indemnify, and hold the SHL, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

You expressly agree that exclusive jurisdiction for any dispute with the SHL, or in any way relating to your use of this Website or its Services, resides in the courts of the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute including any claim involving the website or SHL and its affiliates, subsidiaries, employees, contractors, officers, directors, and content providers. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Furthermore, in any dispute, we each waive any right to a jury trial. In any dispute, the prevailing party shall have its costs and reasonable attorney’s fees paid by the other party.

These Terms of Use are governed by the internal substantive laws of the State of New York without respect to its conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.