BETA TEST AGREEMENT
Contents
1. Terms and Conditions Access to and use of the SmartWatch and the Smart Monitor website both within the USA and internationally is provided by Smart Monitor on the following terms By using the product or the site you agree to be bound by these terms which shall take effect immediately on your receipt of product or first use of the web site Smart Monitor may change these terms from time to time and so you should check these terms regularly Your continued use of the product and or site will be deemed acceptance of the updated or amended terms If you do not agree to the changes you should cease using the product and or site Smart Monitor may change these terms from time to time and so you should check these terms regularly Your continued use of the site will be deemed acceptance of the updated or amended terms If you do not agree to the changes you should cease using the product and or web site If you do not agree to abide by any modified version of these terms of use then you are not authorized to use this web site If there is any conflict between these terms and specific local terms appearing elsewhere on the site then the latter shall prevail Subscriptions Upon choosing a subscription option you agree that Smart Monitor may automatically charge the subscription fee to your credit or charge card at the beginning of each period Your service access will not be established until Smart Monitor has verified that the credit card information2. negligence accident misuse or unreasonable use modification tampering or any other causes not related to design materials or workmanship This Limited Warranty excludes replaceable batteries EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY SECTION ALL EXPRESS OR IMPLIED WARRANTIES CONDITIONS AND REPRESENTATIONS INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE NON INFRINGEMENT QUALITY NON INTERFERENCE ACCURACY OR ARISING FROM A COURSE OF DEALING PERFORMANCE USAGE OR TRADE PRACTICE ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY SMART MONITOR TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED SUCH WARRANTY IS LIMITED IN DURATION TO THE LIMITED WARRANTY PERIOD BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS THE ABOVE LIMITATION MAY NOT APPLY THESE WARRANTIES GIVE CUSTOMER SPECIFIC LEGAL RIGHTS AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION SUBJECT TO APPLICABLE LAW IN NO EVENT SHALL SMART MONITOR S LIABILITY EXCEED THE ACTIVATION PRICE OF THE SMART MONITOR HARDWARE This disclaimer and exclusion shall apply even if the Limited Warranty set forth above fails of its essential purpose Intellectual Property SmartWatch is a registered trademark of Smart Monitor Corp SmartMonitor All copyright trademarks design rights pate
3. you provide us for payment is accurate and that your credit card account is in good standing If payment cannot be charged to your credit card or if a charge is refunded for any reason including chargeback we reserve the right to either suspend or terminate your subscription access and or account You agree that in the event we are unable to collect the fees you owe us for the products or services specified in your order we may take any other steps we deem necessary to collect such fees from you and that you will be responsible for all costs and expenses incurred by us in connection with such activity including collection fees interest court costs and attorneys fees You may obtain a list of the applicable fees currently in effect at any time by contacting Smart Monitor Customer Support You are responsible for reviewing your credit card statement for billing accuracy You have 90 days to dispute any billing that you feel is inaccurate If you do not contact Smart Monitor within 90 days of the disputed billing date Smart Monitor will not be responsible for any billing errors SmartWatch is a registered trademark of Smart Monitor Corp SmartMonitor Subscriptions can be canceled through the My Account page cancellation section of our website upon 30 days prior notice You may therefore depending on the timing of your cancellation receive a final monthly charge If your account becomes inactive due to non payment and you want to start service
4. SmartMonitor Complete and FAX or Email to Smart Monitor 6203 San Ignacio Ave 112 San Jose CA 95119 Phone 408 754 1695 FAX 408 754 8629 Credit Card Form l Authorize Smart Monitor to charge my credit card for this purchase o SmartWatch Silver Activation Fee 149 oc Silver monthly service fee 19 99 month o Std Shipping USA 30 o SmartWatch Gold Activation Fee 199 o Gold monthly service fee 29 99 month o Expedited Shipping USA 50 SmartWatch will not function without a monthly service plan oO Other Shippin id For International Shipments please contact us for a quote info smart monitor com PROMO ReferralCode Band Selection a __ ae Credit Card Type Black Watch oO White Watch o Name on Card Phone No Credit Card Number If Ship to Address is Different from Billing Address Card CV2 Expiration Date Ship To Billing Address Billing Zip Code Zip Code EMAIL Address Smart Watch User name Age M F Signature Date To be filled out by Smart Monitor Serial No Shipped Subscriber Agreement This Subscriber Agreement the Agreement is made and entered into as of the date signed below by Subscriber the Effective Date by and between Smart Monitor Corp Smart Monitor or Company and the Subscriber identified on the signature page hereof Subscriber or you Correct Usage of SmartWatch is set forth in the SmartWatch User Manual and the SmartWatch app user guide shipped with the product
5. again your account will be subject to a re activation fee of 99 It is your responsibility to make sure that Smart Monitor has current credit card information on file Orders All orders placed are subject to Smart Monitor s acceptance which is in its sole discretion Without limitation this means that Smart Monitor may refuse to accept or may cancel any order whether or not the order has been confirmed for any or no reason in its sole discretion and without liability to you or any third party If your credit card has already been charged for an order that is subsequently cancelled Smart Monitor shall issue a credit to your credit card account Smart Monitor will ship your order within 2 business days after the order has been placed assuming all ordered items are in stock If you have ordered multiple items and some items are on backorder we will hold the shipment until all items become available This shipment will be delivered using the shipment method originally selected with the order Returns If the SmartWatch is returned within 30 days of purchase in original condition Smart Monitor will issue you a refund of the activation fee minus a 100 programming fee based on your payment method Products must be packed in their original packaging and include all accessories manuals and documentation Please contact Customer Support prior to returning any product to receive a Return Authorization form You will be responsible for and pre pay al
6. l return shipping charges and shall assume all risk of loss or damage to product while in transit to Smart Monitor We recommend that you use a traceable method of shipping for your protection Limited Warranty and Disclaimer Unless otherwise set forth in a separate limited warranty description included with the Smart Monitor Hardware Smart Monitor warrants that Smart Monitor Hardware is free of defects in materials and workmanship under normal use and service Limited Warranty for as long as your account is current and up to date This warranty is only valid for the original subscriber and the subscriber must provide proof of purchase The subscriber will be responsible for and pre pay all return shipping charges and shall assume all risk of loss or damage to product while in transit to Smart Monitor We recommend that you use a traceable method of shipping for your protection If a defect covered by this Limited Warranty occurs during the period of your account being current Smart Monitor will at its option repair or replace the entire unit or refund the original subscriber price The foregoing remedies are subscriber s sole and exclusive remedy and Smart Monitor s sole and exclusive liability for breach of the Limited Warranty This Limited Warranty is subject to compliance with the applicable user guides for the Smart Monitor Hardware and does not apply to normal wear and tear or damage caused by improper or incorrectly performed maintenance
7. nts and other intellectual property rights registered and unregistered in and on the web site and all content including all applications located on the site shall remain vested with Smart Monitor or its licensors which includes other users You may not copy reproduce republish disassemble decompile reverse engineer download post broadcast transmit make available to the public or otherwise use Smart Monitor content in any way You also agree not to adapt alter or create a derivative work from any Smart Monitor content Any use of Smart Monitor content requires the prior written permission of Smart Monitor The names images and logos identifying Smart Monitor or third parties and their products and services are subject to copyright design rights and trademarks of Smart Monitor and or third parties Nothing contained in these terms shall be construed as conferring any license or right to use any trade mark design right or copyright of Smart Monitor or any other third party Disclaimers and Limitation of Liability Smart Monitor does not accept liability for any errors and omissions and reserves the right to change information prices specifications and descriptions of listed goods products and services If an error is discovered in the price of the goods that you have ordered we will inform you as soon as possible In the event that you order an item and the price published on the Site is incorrect for any reason we will contact you t
8. o let you know the correct price and ask you whether you still wish us to fulfill your order at this price We shall be under no obligation to fulfill an order for a product which was advertised at an incorrect price We shall give you the option of confirming the order at the correct price or if you so choose to cancel the order altogether If you cancel and have already paid for the goods in the circumstances described in this clause we shall refund the full amount in accordance with these terms Smart Monitor content including the information names images pictures logos and icons regarding or relating to Smart Monitor its products and services or to third party products and services is provided AS IS and on an AS AVAILABLE basis To the extent permitted by law Smart Monitor excludes all representations and warranties whether express or implied by law including the implied warranties of satisfactory quality fitness for a particular purpose non infringement compatibility security and accuracy Smart Monitor does not guarantee the timeliness completeness or performance of the web site or any of the content While we try to ensure that all content provided by Smart Monitor is correct at the time of publication no responsibility is accepted by or on behalf of Smart Monitor for any errors omissions or inaccurate content on the web site Smart Monitor shall not be liable for any of the following losses or damage whether such damage or los
9. ses were foreseen foreseeable known or otherwise a loss of data b loss of revenue or anticipated profits c loss of business d loss of opportunity e loss of goodwill or injury to reputation f losses suffered by third parties or g any indirect consequential special or exemplary damages arising from the use of Smart Monitor sites and services regardless of the form of action Smart Monitor does not warrant that functions available on Smart Monitor sites will be uninterrupted or error free that defects will be corrected or that Smart Monitor or the server that makes it available are free of viruses or bugs You acknowledge that it is your responsibility to implement sufficient procedures and virus checks including anti virus and other security checks to satisfy your particular requirements for the accuracy of data input and output If not withstanding the other provisions of these terms Smart Monitor is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of this web site or any content Smart Monitor s liability shall in no event exceed USS100 00 The SmartWatch e Can alert upon certain types of repetitive shaking motion e CANNOT predict or warn about impending seizures and is NOT a cure of therapy for seizures e Makes no claims about being able to detect and alert upon any kind of seizure e May also alert upon certain repetitive movements such as clapping shaking a bo
10. ttle brushing teeth and other activities that fall within the spectrum of motions the watch is set to detect Indemnity You agree to indemnify defend and hold harmless Smart Monitor its officers directors employees agents licensors and suppliers from and against all claims losses expenses damages and costs including without limitation reasonable attorneys fees arising from or relating in any way to your use of this product and or web site Not for Medical Use SmartWatch is a registered trademark of Smart Monitor Corp SmartMonitor Purchaser agrees that the SmartWatch and Equipment is provided for informational and tracking purposes only and is not a substitute for professional diagnosis treatment or other medical advice which should be sought from your physicians and professional healthcare providers If you are having a medical emergency do not rely on your SmartWatch and Equipment dial 911 or contact your doctor and healthcare providers immediately Privacy The terms of use regarding the handling of personally identifiable information and other information provided by you in connection with our web sites is described in our Privacy Policy This document is available on our website Please review before signing this document Cloud Service A major component of the SmartWatch is our cloud service This allows you to access data regarding your account payment history event history including location Premium onl
11. y This information may be accessed online by creating an account with a unique User ID and password Please review the privacy policy located on our website regarding this feature General You agree that any notice agreement disclosure or other communication that Smart Monitor sends you electronically will satisfy any legal communication requirements including that such communications be in writing If any of these terms are determined to be illegal invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective then to the extent and within the jurisdiction in which that term is illegal invalid or unenforceable it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable These terms shall be governed by and interpreted in accordance with the laws of the state and federal courts located in the Commonwealth of California County of Santa Clara which shall have exclusive jurisdiction over any disputes acknowledge that have read and accepted the Terms amp Conditions from Smart Monitor regarding the subscription of the SmartWatch Agreed as to the above Subscriber Parent Guardian By Name Date SmartWatch is a registered trademark of Smart Monitor Corp
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