1.2 You may be required to enter into a separate agreement, whether online or offline, with MOCACARE CORP., www.mocacare.com or our affiliates for additional service (“Additional Agreements”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that service concerned.
2.1 This Site aims to introduce to consumer MOCAheart, a product that measures users’ heart rate, blood oxygen and blood flow and share such information with the consumers’ family members or other authorized person and the consumers can purchase MOCAheart through the Site. The "Services" of this Site include (a) the Site; (b) the services provided by the Site, including articles, guides and marketing material related to MOCAheart; (c) product and service information (the “Information”) of MOCAheart; and (d) all software, data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the "Content"). Any new features added to or augmenting the Services are also subject to this TOU.
3.1 Links to Other Sites. Portions of this Site may provide hyperlinks, framing or other “click-thru” access to sites owned and operated by persons other than MOCACARE CORP. (“Third-Party Sites”). The availability of click-thru access to Third Party Sites is not intended to create or imply any affiliation between the Company and the owners or operators of any Third Party Site, or any sponsorship by us of any Third Party Site or its owners or operators. This Site makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will this Site be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. Your use of any Third Party Site will be governed by the TOU posted on that site. Your rights and obligations with respect to any of the products, services, information, or other content of that site will be determined by those TOU.
The Site may only be accessed or used by individuals who register to use the Site by providing accurate and truthful identifying information. MOCACARE nevertheless reserves the right, in its sole discretion, to deny access by any User or to modify, suspend or terminate any User’s access to or use of the Site at any time, for any reason or for no reason, without notice. In no event may this Site be used or linked to by any party charging a fee for access to this Site or for access to any information on the Site without the prior written consent of MOCACARE.
Each User may be assigned a unique password, permitting such User (and only such User) to access and use authorized portions of the Site. No User shall create more than one account on the Site without the prior written consent of MOCACARE. You are responsible for maintaining the confidentiality and security of your password, and for any and all use of your password or registration, and all activities relating to your password or account.
1) Not to disclose or share your password with any third party;
2) To use your best efforts to prevent any third party from obtaining your password;
3) To inform us immediately of any actual or potential unauthorized use of or access to your password or to the Site. Passwords are subject to cancellation or suspension and Users may be subject to additional fees upon the misuse of any password.
MOCACARE authorizes you to view the material on the Site solely for your personal, noncommercial use. Any special rules for the use of certain software and other items accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms of Service by reference.
The Site may only be used for lawful purposes, to obtain information about and access to MOCACARE’s products and services. This Site also provides a passive platform for those interested in learning about MOCACARE’s unique and proprietary products and services, to store and retrieve their user data including as collected by various MOCACARE products and services, and to interact with one another. The content accessed on this site is solely provided for your personal use, general information and convenience, and may not be used for any commercial purpose except as authorized by MOCACARE.
The site does not provide medical advice. The contents of the Site, such as text, graphics, images, information and other material contained on the Site (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment.
The information contained in or conveyed by this Site is for informational purposes only. MOCACARE does not control, and is not responsible, for the accuracy of any information posted on this site by any User. Recipients of this information should not act upon it in any way without consulting their qualified personal medical advisors prior to undertaking any therapeutic program. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Reliance on any information provided by MOCACARE and its products is solely at your own risk.
Users may not violate or attempt to violate the security, efficiency, reliability, or integrity of the Site or its Content in any way, including, without limitation:
6.1 Accessing content, data, features or functionality on the Site for which your password is not authorized or accessing or logging into a server or account that you are not authorized to access.
6.2 Deleting or revising any Content (including, but not limited to, legal notices) posted by MOCACARE.
6.3 Aggregating, copying or duplicating in any manner or framing of or linking to any of the Content available from the Site.
6.4 Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way accessed as a part of the Site.
6.5 Taking any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure.
6.6 Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
6.7 Using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from MOCACARE on this Site and other than generally available third-party web browsers or online search engines.
6.8 Forging any TCP/IP packet header or any part of the header information in any e-mail or posting.
Violations of system or network security may result in civil or criminal liability. MOCACARE may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
This Site may not be used for any commercial activity other than those described in the Section entitled "Acceptable Use of the Site," without the prior written consent of MOCACARE. Posting or transmitting any unsolicited advertising, promotional materials, junk mail, spam chain letters or any other form of solicitation without the prior written consent of MOCACARE is strictly prohibited.
Users are strictly prohibited from, and agree to refrain from, reproducing, duplicating, copying, selling, reselling, trading or otherwise distributing or exploiting for any commercial purposes the Site or its Content, MOCAheart or any portion thereof, access to or use of the Site or the Content or any portion thereof, or any of the related services offered on the Site unless otherwise agreed upon by MOCACARE and the Users according to separate agreement or contract.
The Children’s Online Privacy Protection Act (COPPA) was created to protect children under the age of thirteen from unsuspecting practices related to collecting, using, or disclosing any information about them. Our services are neither intended nor directed for use by children under the age of thirteen. MOCACARE does not knowingly accept, collect, maintain or use any information from any child under the age of thirteen, and if a child whom MOCACARE knows or suspects to be under the age of thirteen sends personal information to us online, we will only use that information to respond directly to that child, notify the parents, or seek parental consent.
We also gather and compile information and data about our Users and their usage of the Site on an aggregate basis and in a manner that does not disclose or reveal any personally identifying information about individual Users. You understand, acknowledge and agree that we are the sole owners of all such aggregate data for all purposes, and have the unrestricted right to use such data and to disclose or distribute such data to third parties as we deem appropriate so long as it does not contain personally identifiable information about our Users.
Users are solely responsible for any and all content and communications that they post or transmit to the Site or to any User of the Site, as well as for the consequences of such postings and transmissions. MOCACARE has no obligation to preview, screen, edit or monitor User-submitted content on the Site. MOCACARE has no control over and takes no responsibility for the truthfulness, accuracy, quality, safety, morality, desirability or legality of any User communications or User-submitted content on the Site. You acknowledge that any reliance on any material or communication posted or transmitted by another User will be at your own risk and subject to your own discretion.
By submitting or posting any content to any area of the Site, you grant MOCACARE, including its affiliates, licensees, and assigns, the royalty-free, perpetual, irrevocable, sublicense able (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology whether now known or later developed.
You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any User to access, display, view, store and reproduce such content for the purposes contemplated by the Site.
Subject to the foregoing, the owner of such content placed on the Site retains any and all other rights that may exist in such content which are not otherwise limited or modified by the grant of this license.
The Site may provide content and material from, and links and references to, web sites of third parties and other third party resources not controlled by MOCACARE; We may also rely on such Third Party Content for services to be rendered to You or Us (collectively, “Third Party Content”). Third Party Content specifically includes, but is not limited to, all information and postings by Users. You acknowledge and agree that MOCACARE neither endorses nor is responsible or liable for the availability, accuracy, currency or reliability of any Third Party Content. Any concerns regarding such Third Party Content should be directed to the third party.
The Site and its contents, including, but not limited to, the Site look and feel, text, graphics, icons, logos, buttons and images and any and all software used on or incorporated in the Site (collectively, the "Site Content"), are protected under United States and international copyright, trademark, patent, trade secret and other laws. All Site Content is the property of MOCACARE.
The compilation (meaning the collection, arrangement and assembly) of the Site Content is the exclusive property of MOCACARE and is protected by United States and international copyright laws. Unauthorized use of the Site Content may violate copyright, trademark, patent and other laws. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Site Content on any copy you make of such material.
You May Not:
1) Sell or modify the Site Content;
2) Modify, decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site;
3) Reproduce, display, publicly perform, distribute, or otherwise use the Site Content in any way for any public or commercial purpose.
The use of the Site Content on any other website or in a networked computer environment for any purpose is prohibited.
MOCACARE and all other MOCACARE trade and service marks, trade names, slogans, tag lines, product and service names, and logos are trade or service marks of MOCACARE (collectively, the "MOCACARE Marks"). You agree that you will not, without the prior written consent of MOCACARE display or use any of MOCACARE Marks in any manner.
Your use of the site is at your sole risk. The site and all site content and related services are provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable laws, MOCACARE disclaims all warranties of any kind, whether express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, or non-infringement.
MOCACARE makes no warranty that
13.1 The site or any related products or services will meet your requirements or expectations;
13.2 Your access to or use of the site or any related services will be uninterrupted, timely, secure or error free;
13.3 Any defects in the site will be corrected;
13.4 The site or any server through which you access the site is free of viruses or other harmful components. MOCACARE does not warrant or make any representations regarding the use of or the result of the use of the site or any site content in terms of its correctness, accuracy, reliability, or otherwise.
Any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
In no event shall MOCACARE be liable to you or any third party claiming through you for incidental, indirect, consequential, special, punitive or exemplary damages of any kind – including without limitation lost revenues or profits, loss of business or loss of data – arising out of or resulting from your use of or inability to use the site, regardless of whether MOCACARE was advised, had other reason to know, or in fact knew of the possibility thereof. You agree to hold MOCACARE harmless from, and you covenant not to sue MOCACARE for, any claims based on your use of, or inability to use, the website.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
he use of the Site and the Content is at your own risk. Accordingly, MOCACARE assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.
You agree to defend, indemnify and hold harmless MOCACARE and each of its officers, directors, employees and agents from and against any and all damages, liabilities, claims, demands, costs and expenses, including but not limited to, reasonable attorneys’ fees, resulting from your
15.1 Use or misuse of the site;
15.3 Conduct, communication, or interaction with any other user of the site or any of your other activities on the site;
15.4 Violation of the rights of any other user of the site or any other person or entity;
15.5 Any and all claims, liability, costs, or damages related to the rendering of any services, including advice, training, instruction, or interactions, based on any information obtained through this site. Use of this site is at your own risk.
If you believe any content or material on the Site infringes your copyright, you agree to abide by the notice and take down procedures of the Digital Millennium Copyright Act by contacting our copyright agent and providing the following information (the “DMCA Notice”):
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf; and
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
Your DMCA Notice shall be sent to: Daniel Hong at MOCACARE CORP., 887 Federation Way, Palo Alto, CA 94303
These Terms of Service shall be governed by and construed under the laws of the State of California without giving effect to the principles of conflicts of law and without application of the UN Convention on Contracts for the International Sale of Goods. No waiver of rights by either party shall constitute a subsequent waiver of any right under this Agreement and all waivers must be in writing. In the event that any term is held by a court to be unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that the remainder of these Terms of Service shall otherwise remain in full force and effect and enforceable. Licensee may not assign these Terms of Service without the prior written consent of MOCACARE at its sole discretion. This is the complete agreement between the parties hereto concerning the subject matter of this agreement and replaces any prior oral or written communications between the parties with respect thereto.
If you access the Website from a location outside of the United States, you do so on your own initiative and are responsible for compliance with all applicable laws of your jurisdiction. MOCACARE makes no representation that materials on this site are appropriate or available for use in locations outsides of the United States, and accessing them from territories where their contents are illegal is prohibited.
MOCACARE reserves the right to make changes in services, terms, and other information contained in this document without prior notice. The reader should in all cases consult MOCACARE to determine whether any such changes have been made.
Last Updated: June 17, 2015 © 2015 MOCACARE, All rights reserved.