Terms
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Terms of use
These Terms of Use are a contract between you and iRhythm Technologies, Inc. (“iRhythm”), a company with a principal place of business at 650 Townsend Street, Suite 500, San Francisco, CA 94103. By using irhythmtech.com (called the “Website” for the remainder of this notice) and any services accessible from this Website, you are agreeing to be bound by the following terms and conditions (“Terms of Use”) and iRhythm’s Website Privacy Policies. If you do not agree to these Terms of Use, or the Website Privacy Policies, do not visit or use the services of the Website. The terms and conditions outlined below solely pertain to irhythmtech.com; the Terms of Use and Privacy Policies for Zioreports.com can be found on that website.
This Website is maintained by iRhythm solely for the purpose of providing general information about iRhythm, its business and products. You acknowledge and agree that nothing in this Website constitutes medical or professional advice, instruction or recommendation of any sort. Access and use of this Website is at your own risk and is subject to all applicable laws, treaties, statutes and regulations, as well as these Terms of Use. THIS WEBSITE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 18 OR TO ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE WEBSITE BY IRHYTHM. By using the Website, you represent that you are at least 18 years of age and have not been previously suspended or removed from the Website by iRhythm.
USE PER FDA APPROVED LABELING
The devices, systems and services described on this Website are subject to United States laws governing the use and sale of such devices, systems and services. Nothing in this Website is intended to constitute a claim or indication for clinical uses of iRhythm’s medical devices beyond those that have been cleared or approved by the U.S. Food and Drug Administration or any foregoing equivalent, as applicable.
WE DO NOT PROVIDE MEDICAL ADVICE
Under no circumstances should any information on this Website be directly used as either a diagnosis or medical advice. There is no express or implied physician-patient relationship between you and iRhythm, its employees or consultants. Applicable law restricts the sale and use of the devices, systems and services described in this Website to sale and use by or on the order of a licensed physician. Accordingly, iRhythm strongly urges that you consult with your physician regarding any and all treatment and diagnostic options that may be available to you, including iRhythm’s devices. iRhythm makes no warranties whatsoever, express or implied, regarding the accuracy, completeness, timeliness, or usefulness of any information contained or referenced on this Website. iRhythm does not assume any risk whatsoever for your use of the Website or the information contained herein. In using the Website, you agree that neither iRhythm nor any other party is or will be liable or otherwise responsible for any decision made or any action taken or any action not taken due to your use or reliance on any information presented on or obtained from this Website.
OWNERSHIP OF CONTENT
This Website is owned and operated by iRhythm. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Website (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on this Website are the property of iRhythm or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, logos and service marks displayed on the Website, whether registered or unregistered, are owned exclusively by iRhythm or its affiliates and/or other third parties. iRhythm hereby grants you a nontransferable, nonexclusive license to use the information and other Materials contained on the Website 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, modify, publicly perform, transmit, edit, adapt, create derivative works from, or incorporate the Materials into other documents, websites, or publications, or otherwise make unauthorized use of the Materials. iRhythm reserves the right to modify, in whole or in part, or temporarily or permanently discontinue or remove any Materials from the Website, at any time without notice to you, and without liability to you. Nothing contained in these Terms of Use, nor your use of the Materials, shall be construed as granting you any license or right in or to any trademark, logo, or service mark, except as expressly provided above. iRhythm reserves all rights not expressly granted in this Terms of Use.
COLLECTION, USE, AND DISCLOSURE OF INFORMATION
You may provide to iRhythm what is generally called “personally identifiable” information (such as your name, email address, and home/mobile phone number). For example, if you use the Website to contact iRhythm, we will ask for your email address so that we can respond to you. Please refer to iRhythm’s Website Privacy Policy for further information. As you navigate this Website, we may automatically record certain anonymous information using various technologies, such as cookies, tags or web beacons, and/or navigational data collection (log files, server logs, clickstream). Some or all Internet browsers may automatically transmit to this Website certain anonymous information, such as the URL of the Website the user came from, the user’s Internet Protocol (IP) address, and the browser version being operated by the user’s computer.
This Website may use and combine such automatically collected information to provide better service to users of this Website, customize or improve the Website based on users’ preferences, compile and analyze statistics and trends, administer and improve the Website or for other such purposes as iRhythm may deem appropriate. iRhythm will also use the information you provide on the Website when you contact iRhythm to respond to your inquiry.
iRhythm works with some authorized service providers to provide website hosting and maintenance as well as other services for us. To the extent it is necessary for these service providers to complete their contractual obligations to iRhythm, these third parties may have access to or process your information. iRhythm, however, generally limits their use of your information to the purpose for which it was shared. In the event that iRhythm is acquired by or merged with a third-party entity, we may transfer or assign the information that we have collected as part of such a merger, acquisition, sale, or other change of control.
MODIFICATION OF THESE TERMS OF USE; TERMINATION
iRhythm reserves the right, at our discretion, to change, modify, add, or remove portions of this Terms of Use at any time. Please check this Terms of Use periodically for changes. Your continued use of the Website after the posting of changes constitutes your binding acceptance of such changes. iRhythm reserves the right, in its sole discretion, for any or no reason, and without penalty, to terminate your access and use of the Website at any time with or without notice. You agree that iRhythm will not be liable to you or any third party for any such termination. Your only remedy with respect to any dissatisfaction with (i) the Website, (ii) any term of this Terms of Use, (iii) any policy or practice of iRhythm in operating the Website, or (iv) any content or information transmitted through the Website, is to terminate these Terms of Use. You may terminate these Terms of Use at any time by discontinuing use of any and all parts of the Website.
PROHIBITED CONDUCT
As a condition to your use of the Website, you agree not to:
- use the Website for any purposes other than to access information offered by iRhythm;
- rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials;
- delete the copyright or other proprietary rights on the Website;
- use the Website for any illegal purpose;
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website or features that enforce limitations on the use of the Website; or
- intentionally interfere with or damage operation of the Website or any user’s utilization of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS
The Website 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 iRhythm has no control. iRhythm 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 IRHYTHM MAKES NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, WITH RESPECT TO THE REFERENCE SITES. You acknowledge and agree that iRhythm 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.
DISCLAIMER OF WARRANTIES
THE WEBSITE AND MATERIALS MAY CONTAIN TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. THE WEBSITE AND MATERIALS ARE PROVIDED TO YOU ON AN "AS IS" BASIS. IRHYTHM HEREBY DISCLAIMS ANY AND ALL WARRANTIES EXPRESSED, STATUTORY, OR IMPLIED WITH RESPECT TO THE WEBSITE AND THE MATERIALS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, THIRD-PARTY RIGHTS, FITNESS FOR A PARTICULAR PURPOSE, OR THE ACCURACY, COMPLETENESS, TIMELINESS, OR USEFULNESS OF ANY INFORMATION CONTAINED OR REFERENCED ON THE WEBSITE.
LIMITATION OF LIABILITY AND DAMAGES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IRHYTHM OR ANY PARTY INVOLVED IN CREATING OR PRODUCING THE WEBSITE, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES RESULTING FROM LOSS RELATED TO THE USE OF THE WEBSITE OR ANY MATERIALS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTUOUS ACTION, EVEN IF IRHYTHM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, IRHYTHM SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE MATERIALS.
SPECIAL CONSIDERATIONS FOR INTERNATIONAL USE
The Website is hosted in the United States and is intended solely for users in the United States. If you choose to access the Website from other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personally identifiable information outside of those regions of the United States and by proving iRhythm your personally identifiable information on the Website you consent to that transfer.
MISCELLANEOUS
These Terms of Use constitute the entire agreement between you and iRhythm and govern your use of our Website, superseding any prior agreements between you and iRhythm (including, but not limited to, any prior versions of the Terms of Use) and any prior representations by iRhythm. These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of law principles. The failure of iRhythm to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
HOW CAN YOU CONTACT US ABOUT THE TERMS OF USE?
If you have any questions or concerns about the Terms of Use, we encourage you to contact us at:
iRhythm Customer Service
Tel: 1-888-693-2401 (Mon-Fri, 7am-4pm Pacific Time)
or fill out our Contact Us form.
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