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tCheck Agreements

Heidi October 3, 2019 0 comments

The following are the Engineered Medical Technologies’ Terms of Use and Safety Warnings

Terms of Use

Engineered Medical Technologies, Inc., and its subsidiaries (collectively, EMT) provides: (1) Services accessible through the Sites (“Web Apps”), (2) software that may be downloaded to your mobile device, including but not limited to smartphone or tablet to access services (“Mobile Apps”), and (3) subscription services, including services that can be accessed using the Web Apps and Mobile Apps (“Subscription Services”), all for use in conjunction with tCheck hardware and software products (“Products”) and in other ways that EMT provides. Some tCheck Products and Services can be used together or in ways that integrate with products and services from third parties. The term “Services” means the Sites, Web Apps, Mobile Apps, and Subscription Services. 

These Terms of Use (“Terms” or “Agreement”) govern your access to and use of the Services and Products. Please read these terms carefully. THEY REQUIRE THE USE OF MANDATORY BINDING ARBITRATION TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS.

PLEASE FOLLOW THE INSTRUCTIONS IN THE DISPUTE RESOLUTION AND ARBITRATION SECTION BELOW IF YOU WISH TO OPT OUT OF THIS PROVISION. 
The term “you,” or “your” as used in these Terms, means any person or entity who accesses or uses the Services or Products and any person or entity who creates an Account and accepts these Terms, including Owners, Authorized Users , and the parents or guardians of Authorized Users, as applicable . These Terms give you specific legal rights, and you may also have other legal rights in addition, which vary from jurisdiction to jurisdiction. THE DISCLAIMERS, EXCLUSIONS, MANDATORY AND BINDING ARBITRATION, LIMITATIONS OF LIABILITY, INDEMNIFICATION, WAIVER OF JURY TRIAL, WAIVER OF CLASS ACTION AND WAIVER OF PUNITIVE DAMAGES UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions of these Terms may not apply to you.

THESE TERMS ARE A LEGAL AGREEMENT. BY ACCEPTING THESE TERMS THROUGH A SITE, WEB APP OR MOBILE APP, OR BY ACCESSING AND USING THE SERVICES (INCLUDING THE SITES) OR PRODUCTS, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY. 
YOU REPRESENT IN CONNECTION WITH THE ACCESS AND USE. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY (SUBJECT TO SECTION 1(b)(ii) BELOW) TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU REPRESENT THAT YOU ARE, SUBJECT TO SECTION 1(b)(ii) BELOW, OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE SERVICES AND PRODUCTS AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU SHOULD DISCONNECT YOUR PRODUCTS FROM YOUR ACCOUNT (AS DESCRIBED BELOW) AND CEASE ACCESSING OR USING THE SERVICES AND PRODUCTS. 
AS DESCRIBED BELOW, YOU ARE CONSENTING TO AUTOMATIC SOFTWARE UPDATE OF THE SERVICES AND OF THE PRODUCTS CONNECTED TO THE SERVICES. IF YOU DO NOT AGREE, YOU SHOULD NOT USE THE SERVICES AND PRODUCTS. PLEASE READ THESE DISCLOSURES CAREFULLY, AS YOU ARE ACKNOWLEDGING THEM AND ACCEPTING THEM.

You have accepted these Terms of Use, which govern your use of our service. As used in these Terms of Use, “tCheck, subscription, and app service”, “our service”, “the service”, or “services” refers to the service provided by EMT, including all features and functionalities, website, and user interfaces, as well as all content and software associated with our service. You agree to the Arbitration Agreement and class action waiver described above to resolve any disputes with EMT, (except for matters that may be taken to small claims court). Please note that these Terms of Use include hyperlinks that may be accessed only through our website, so if you are reviewing these Terms of Use through the tCheck Product, you may need to visit the tCheck website to review the hyperlinked terms.

Changes to Terms

a. These Terms of Use, which include our Privacy Policy and End User License Agreement (“EULA”) govern your use of the tCheck service. By using, visiting, logging, posting, sharing or saving aspects of the tCheck service, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the tCheck service.

b. The tCheck service is provided by EMT, or one of its affiliated companies. Any questions regarding who is providing this service may be answered by contacting support@tcheck.me. Check back as the service provider may change from time to time.

Changes to Terms of Use

EMT may, from time to time, change these Terms of Use, including the Privacy Statement and EULA. Such revisions shall be effective immediately; provided, however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting.

Privacy

Personally identifying information is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.

Communication Preferences 

By using the tCheck service, you consent to receive electronic communications from EMT relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the tCheck service, or in your logged in-app account and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with EMT. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receive certain other communications from us, such as newsletters about new tCheck features and content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer wish to receive certain non-transactional communications, simply unsubscribe from the email using the unsubscribe link contained within the message. Please review our Privacy Policy for further detail on our marketing communications.

Age & Location Requirements 

You must be 18 years of age, or the age of majority in your province, territory or country, to use any EMT Products, including but not limited to software, hardware, website, or applications. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Use.

You may use EMT Products, devices, and Subscription or application services primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such tCheck content. The content that may be available to you will vary by geographic location. tCheck will use technologies to verify your geographic location. THE NUMBER OF DEVICES THAT WILL ALLOW FOR THE USE OF THE PAID FOR SUBSCRIPTION WILL BE LIMITED TO 1 PER USER. ANY VIOLATION OF THIS WILL RESULT IN A TERMINATION OF ACCOUNT AND PAID SUBSCRIPTION SERVICES. To change which device is registered with the account, send an email to support@tcheck.me. The number of devices available for use and the simultaneous results may change from time to time at our discretion.

Software 

We continually update the tCheck software, and firmware, including the features. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, supported operating systems, supported testing bases, and delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.

You agree to use the tCheck device, application, and Subscription service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized in these Terms of Use, you agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the tCheck service without express written permission from EMT. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the tCheck service; use any robot, spider, scraper or other automated means to access the use the tCheck Subscription service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the tCheck services; insert any code or product or manipulate the content of the tCheck service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the tCheck service, including any software viruses or any other computer code, files or programs.

tCheck software is developed by, or for, EMT. This software may vary by device and medium, and functionalities may also differ between devices. BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE END USER LICENSE AGREEMENT AND TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE TCHECK APP, OR DEVICE, AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the tCheck service. If your tCheck device, or tCheck ready device is sold, lost or stolen, please deactivate the Subscription service and contact support@tcheck.me immediately. If you fail to log out or deactivate your device, subsequent users may access the tCheck Subscription service through your account and may be able to access certain of your account information.

  • We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service.

Passwords and Account Access 
a. The member who created the tCheck account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the tCheck account. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting tCheck Customer Service and potentially altering the Account Owner’s control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

b. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the tCheck website or application and not through a hyperlink in an email or any other electronic communication, even if it looks official. EMT reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. EMT is not obligated to credit or discount a membership for holds placed on the account by either a representative of EMT or by the automated processes of tCheck.

Disclaimers of Warranties and Limitations on Liability 
THIS LIMITED WARRANTY CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

  1. WHAT THIS LIMITED WARRANTY COVERS; PERIOD OF COVERAGE 
    Engineered Medical Technologies, Inc., 4415 Granite Drive Suite 200, Rocklin, California USA, 95677 warrants to the owner of the enclosed product that the product contained in this box (“Product”) will be free from defects in materials and workmanship for a period of 6 months from the date of delivery following the original purchase. If the Product fails to conform to this Limited Warranty during the Warranty Period, EMT will, at its sole discretion, either (a) repair or replace any defective Product or component; or (b) accept the return of the Product and refund the money actually paid by the original purchaser for the Product. Repair or replacement may be made with a new or refurbished product or components, at EMT’s’ sole discretion. If the Product or a component incorporated within it is no longer available, EMT may, at EMT’s’ sole discretion, replace the Product with a similar product of similar function. This is your sole and exclusive remedy for breach of this Limited Warranty. Any Product that has either been repaired or replaced under this Limited Warranty will be covered by the terms of this Limited Warranty for the longer of (a) ninety (90) days from the date of delivery of the repaired Product or replacement Product, or (b) the remaining Warranty Period. This Limited Warranty is transferable from the original purchaser to subsequent owners, but the Warranty Period will not be extended in duration or expanded in coverage for any such transfer.
  2. TOTAL SATISFACTION RETURN POLICY 
    If you are the original purchaser of the Product and you are not satisfied with this Product for any reason, you may return it in its original condition within thirty (30) days from the delivery date to receive a full refund (less shipping costs).
  3. WARRANTY CONDITIONS; HOW TO GET SERVICE IF YOU WANT TO CLAIM UNDER THIS LIMITED WARRANTY 
    Before making a claim under this Limited Warranty, the owner of the Product must (a) notify EMT of the intention to claim by contacting support@tcheck.me. during the Warranty Period and providing a description of the alleged failure, and (b) comply with EMT’s return shipping instructions. EMT will have no warranty obligations with respect to a returned Product if it determines, in its reasonable discretion after examination of the returned Product, that the Product is an Ineligible Product (defined below).
  4. WHAT THIS LIMITED WARRANTY DOES NOT COVER 
    This Limited Warranty does not cover the following (collectively “Ineligible Products”): (i) Products marked as “sample” or “Not for Sale”, or sold “AS IS”; (ii) Products that have been subject to: (a) modifications, alterations, tampering, or improper maintenance or repairs; (b) handling, storage, installation, testing, or use not in accordance with the User’s Guide or other instructions provided by EMT; © abuse or misuse of the Product; (d) breakdowns, fluctuations, or interruptions in electric power or the telecommunications network; or (e) Acts of God, including but not limited to lightning, flood, tornado, earthquake, or hurricane; or (iii) any non-tCheck branded hardware products, even if packaged or sold with tCheck hardware. This Limited Warranty does not cover consumable parts, including batteries, unless damage is due to defects in materials or workmanship of the Product, or software (even if packaged or sold with the product). EMT recommends that you use only authorized service providers for maintenance or repair. Unauthorized use of the Product or software can impair the Product’s performance and may invalidate this Limited Warranty.
  5. DISCLAIMER OF WARRANTIES 
    EXCEPT AS STATED ABOVE IN THIS LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TCHECK DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EMT ALSO LIMITS THE DURATION OF ANY APPLICABLE IMPLIED WARRANTIES OR CONDITIONS TO THE DURATION OF THIS LIMITED WARRANTY.
  6. LIMITATION OF DAMAGES 
    IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL EMT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR SPECIAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THIS LIMITED WARRANTY OR THE PRODUCT, AND TCHECKS’ TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS LIMITED WARRANTY OR THE PRODUCT WILL NOT EXCEED THE AMOUNT ACTUALLY PAID FOR THE PRODUCT BY THE ORIGINAL PURCHASER.
  7. LIMITATION OF LIABILITY YOU USE ALL PRODUCT INFORMATION, THE SERVICES, AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND EMT DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR WIRING, FIXTURES, ELECTRICITY, HOME, PRODUCT, PRODUCT PERIPHERALS, COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS AND PETS IN YOUR HOME, RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION, SERVICES, OR PRODUCT. PRODUCT INFORMATION PROVIDED BY THE SERVICES IS NOT INTENDED AS A SUBSTITUTE FOR DIRECT MEANS OF OBTAINING THE INFORMATION.
  8. YOUR RIGHTS AND THIS LIMITED WARRANTY 
    This Limited Warranty gives you specific legal rights. You may also have other legal rights that vary by state, province, or jurisdiction. Likewise, some of the limitations in this Limited Warranty may not apply in certain states, provinces or jurisdictions. The terms of this Limited Warranty will apply to the extent permitted by applicable law. For a full description of your legal rights you should refer to the laws applicable in your jurisdiction and you may wish to contact a relevant consumer advisory service. 
    NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
  9. GIFTS AND PROMOTIONS 
    Third party gift cards are not available, and any gift cards claiming to give access to any tCheck services are not verified at this time. From time to time, other types of promotional codes may be available, including those provided as part of a third party promotion. Promotional codes may be redeemed as described in the specifics of the promotion. Promotional codes can only be used once, cannot be redeemed for cash, and may be combined with other offers, including a free trial, subject to certain restrictions as determined by EMT in its sole discretion. If you received a promotional code through an offer by a third party, additional conditions may apply.
  10. INTELLECTUAL PROPERTY
    a. Copyright.
     The tCheck service, including all content provided on the tCheck application service, is protected by copyright, trade secret or other intellectual property laws and treaties.

    b. Patents EMT has various patents that apply to our services. For information on EMT patents please contact support@tcheck.me.
    c. Claims of Copyright Infringement. If you believe your work has been reproduced or distributed in a way that constitutes a copyright infringement or are aware of any infringing material available through the tCheck service, please notify us by contacting support@tcheck.me.
  11. GOVERNING LAW 
    Terms of Use shall be governed by and construed in accordance with the laws of the state of California, U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.
  12. APPLICATIONS 
    You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) (“Application(s)”) that interact with the tCheck service. These Applications may import data related to your tCheck account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and EMT is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY EMT AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.
  13. USE OF INFORMATION SUBMITTED 
    EMT is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the tCheck service, including the tCheck website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the tCheck service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law. Please note EMT does not accept unsolicited materials or ideas for tCheck content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to EMT. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against EMT and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
  14. USE OF DATA GENERATED BY THE APPLICATION AND DEVICE 
    Through the use of the tCheck device, application, and services, data is collected and generated. This data may include but is not limited to: device health, sensor readings, app & service use, location, and user account. EMT owns this data and is free to use this data, worldwide and in perpetuity without any compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, the direct or indirect use of the Product and/or Service, developing, manufacturing and marketing products and creating, modifying or improving the tCheck service. In addition, you agree not to enforce any “moral rights” in and to the data, to the extent permitted by applicable law.

Customer Support. To find more information about our service and its features, or if you need assistance with your account, please visit www.tcheck.me and contact support through support@tcheck.me. In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your tCheck device. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control.

Safety & Warnings

  1. tCheck is for external use only.
  2. Do not ingest any part of tCheck.
  3. Do not look into tray slot while running a test, UV light used can be harmful to eyes.
  4. Do not ingest reagent or an infusion made with a reagent.
  5. Do not immerse the tCheck device in water, or allow tray sample fluids to leak into the tCheck device. tCheck is UL and CE certified for safety.
  6. tCheck (EMT) is not intended to diagnose, treat, or cure any disease or ailment.
  7. tCheck is not a medical device.
  8. tCheck is not responsible for any damage, or bodily harm that results from using or ingesting anything tested within the tCheck device.