Intellectual Property Rights
Other than the content you own, under these Terms, Company Name and/or its licensors own all the intellectual property rights and materials contained in this Website.
You are granted limited license only for purposes of viewing the material contained on this Website. ves the right to remove any of Your Content from this Website at any time without notice.
You are specifically restricted from all of the following:
- publishing any Website material in any other media; selling, sublicensing and/or otherwise commercializing any Website material; publicly performing and/or showing any Website material;
- using this Website in any way that is or may be damaging to this Website;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
- using this Website to engage in any advertising or marketing.
Certain areas of this Website are restricted from being access by you and Company Name may further restrict access by you to any areas of this Website, at any time, in absolute discretion.
The personal and other information that we collect about you is controlled by Readout, which is headquartered in St. Louis, Missouri. As described in the section below, entitled “Information for Users from Outside the United States,” the information that we collect through or in connection with the Services may be transferred to and processed in the United States.
What personal and other information we collect about you
Readout collects both “personal information” and “other information” about users. For purposes of this Policy, “other information” is information that the Company cannot directly associate with a specific person without the aid of additional information. By contrast, “personal information,” is information such as a name or email address that the Company can directly associate with a specific person or entity without additional information. When we combine other information with personal information, we treat all of the combined information as personal information.
You can visit the website without submitting any personal information. However, if you use certain features on the website or the Services, we will collect some personal information. Such information could include, for example, your name, email address, physical address, precise geolocation data, payment information, telephone number, gender, height, weight, and date of birth. Our online contact form also contains a “comments” field through which you may submit additional personal information.
We may also receive personal information from your social media or other third-party account provider (such as Facebook, Google, or Twitter) if you log into our Services using your social media account or link your social media or other account to the Services. In those circumstances, we may receive information from the third party, such as your email, username, and certain other information.
We may combine personal information collected through the Services with other information that we or third parties collect about you in other contexts—such as our communications with you via email. We will treat such combined information as personal information and protect it in accordance with this Policy.
We also collect other information through the Services. Such information may be collected passively using variously technologies, or via submission of data by devices configured to work with the Services. We may use such information to track, for example, your usage of the mobile application and BIOSENSETM device. Other information may be collected in the following ways:
When you use the Services, we automatically receive and record certain information from your computer, mobile phone, or other devices. This may include data such as your IP address and domain name, the pages you visit or the features you use within the Services, the date and time of your activities on the Services, the files that you download, the URLs from the websites you visit before and after navigating to the Services, your software and hardware attributes (including operating system type and version, app version, device type, and device IDs), your browser type and version, your general geographic location (e.g., your city, state, or metropolitan region), and certain cookie information (see below). To obtain such information, we may use web logs or applications that recognize your computer or device and gather information about its online activity.
The Services or the emails that you receive from us may use an application known as a “web beacon” (also known as a “clear gif” or “pixel tag”). A web beacon is an electronic file that usually consists of a single-pixel image. It can be embedded in a web page or in an email to transmit information, which could include personal information. For example, it allows an email sender to determine whether a user has opened a particular email.
Third-party online tracking and interest-based advertising
We also may partner with certain third parties to collect, analyze, and use some of the information described in this section. For example, we may allow third parties to set cookies or use web beacons on the website or in email communications from us. This information may be used for a variety of purposes, including online interest-based advertising, as discussed below (see the section entitled “Third-party analytics and interest-based advertising”).
How we use the personal and other information that we collect
Readout uses the information that we collect for a variety of purposes. If we have personal information about you, we may use it, for example, to respond to your questions or requests concerning the Services offered by us or our partners; to fulfill the terms of any agreement you have with us; to fulfill your requests for our services or otherwise complete a transaction that you initiate; to send you information about the Services and other topics that are likely to be of interest to you, including newsletters, updates, or other communications; to deliver confirmations, account information, notifications, and similar operational communications; to improve your user experience and the quality of our products and services; to comply with legal and/or regulatory requirements; and to manage our business.
We use the non-personal information that we collect for such purposes as: counting and recognizing users of the Services; analyzing how the Services are used; improving the Services and enhancing users’ experiences with the Services; creating new products and services or improving our existing products and services; enabling additional website analytics and research concerning the Services; and managing our business. Readout may link information gathered using cookies and web beacons with personal information. But in that event, we will treat the combined information as personal information.
We also may use the personal and other information that we collect to send you marketing emails and promotional communications, including emails about the products and services offered by us or our partners. To opt-out of these communications, see “Choices and Access to Information” below.
How we share personal and other information with third parties
We share your personal information and other information with other parties for a variety of purposes, as described below.
We may share personal and other information with our corporate affiliates for the purposes described in this Policy.
Third-party service providers and business partners
Readout uses third-party service providers to help us manage and improve the Services. These service providers may collect and/or use your personal or other information to assist us in achieving the purposes discussed above in the section entitled “How we use the personal and other information that we collect.” For example, we use third parties to help us target and implement our email communications, host our website, collect payment for our products, and manage our information system. We also use third-party platforms to help us manage our relationships with the people and companies that use our services.
We may share your personal or other information with other third parties when necessary to fulfill your requests for services; to complete a transaction that you initiate; to meet the terms of any agreement that you have with us or our partners; or to manage our business.
Your direct sharing of personal information through third-party websites and services. The Services may enable you to directly share personal information with websites or services operated by third parties. For example, the website contains links to third-party websites that incorporate comment and social media features. The website also contains a Facebook “like” button and a Twitter “follow” button. If you choose to use these features, you may disclose your personal information not just to those third-party websites and services, but also to their users and the public more generally. Because these third-party websites and services are not operated by us, we are not responsible for the content or practices of those websites or services. The collection, use, and disclosure of your personal and other information will be subject to the privacy policies of the third-party websites or services, and not this Policy.
Please note that any information and material you post or disclose on message boards, forums, online chat programs, profile pages, and blogs will become public information and may be available to users and to the general public. We urge you to be very careful when deciding to disclose your personal information, or any other information, online.
We may ask you to participate in surveys (processed by us or third parties) that help us understand your use of the Services. Any personal or other information provided to Readout (or supplied by you or Readout to such third-party survey providers) in connection with these surveys will only be used in relation to that survey and as stated in this Policy.
Facebook Custom Audiences and Similar Programs
We also may use or share your personal or other information with third parties when we believe, in our sole discretion, that doing so is necessary:
• to comply with applicable law or a court order, subpoena, or other legal process;
• to investigate, prevent, or take action regarding illegal activities, suspected fraud, violations of our terms and conditions, or situations involving threats to our property or the property or physical safety of any person or third party;
• to establish, protect, or exercise our legal rights or defend against legal claims; or
• to facilitate the financing, securitization, insuring, sale, assignment, bankruptcy, or other disposal of all or part of our business or assets.
From time to time, we may also share anonymized and aggregated information about users, such as by publishing a report on trends in the usage of the Services.
Third-party analytics and interest-based advertising
Online interest-based advertising
The Services also enable third parties to collect information through cookies, web beacons, and device identifiers, such as IDFA or Advertising ID, for use in online interest-based advertising. For example, third parties may use the fact that you visited our website or used our app to target online ads for Readout to you on non-Readout websites or mobile apps. In addition, we or our third-party advertising networks might use information about your use of the Services to help target non-Readout advertisements to you on unaffiliated websites or mobile apps based on your online activity in general. For information about behavioral advertising practices, including privacy and confidentiality, visit the Network Advertising Initiative website or the Digital Advertising Alliance website.
We and our third-party providers may use collected information to establish connections among related web browsers and devices (such as smartphones, tablets, and computers) for advertising, analytics, attribution, and reporting purposes. We may match your browsers or devices if you log into the same online service on multiple devices or if your devices share similar attributes that support an inference that they are used by the same person or household. This means that information about your activity on websites or apps on your current browser or device may be combined and used with information collected from your other browsers or devices. For example, we or our third-party providers may use this information to deliver the same ad on multiple devices, to limit the number of times you see an ad across your devices, and to help measure the effectiveness of advertising campaigns across devices.
You may opt out of our third-party service providers’ interest-based advertising practices and cross-device technologies in web browsers and mobile apps by following the instructions below. Please note that the opt-out will apply only to the specific browser or device from which you opt out, and therefore you will need to opt out separately on all of your browsers and devices. If you delete or reset your cookies or mobile identifiers, change browsers, or use a different device, any opt-out cookie or tool may no longer work and you will have to opt out again.
Web Browser Opt-Out. To opt out in web browsers, please visit:
• Network Advertising Initiative Consumer Opt-Out Page at www.networkadvertising.org/choices
• Digital Advertising Alliance Consumer Choice page at www.aboutads.info/choices
• Digital Advertising Alliance of Canada Consumer Choice page at www.youradchoices.ca/choices
• European Interactive Digital Advertising Alliance Choice page at www.youronlinechoices.eu.
• Mobile Application Opt-Out. To opt out in mobile apps, please download and follow the instructions provided in the Digital Advertising Alliance’s AppChoices tool at www.aboutads.info/appchoices. In addition, some mobile operating systems allow you to opt out by adjusting the advertising preferences on your mobile device. For example:
• In iOS, visit Settings > Privacy > Advertising > Limit Ad Tracking.
• In Android, visit Settings > Google > Ads > Opt out of interest-based ads.
The use of online tracking mechanisms by third parties is subject to those third parties’ own privacy policies, and not this Policy. If you prefer to prevent third parties from setting and accessing cookies on your computer or other device, you also may set your browser to block cookies. Our website currently uses the WorldPress DoNotTrack plugin which will respond to “do not track” browser headers, you can also limit tracking through these third-party programs by taking the steps discussed above.
Readout uses commercially reasonable physical, electronic, and procedural safeguards to protect your personal information against loss or unauthorized access, use, modification, or deletion. However, no security program is foolproof, and thus we cannot guarantee the absolute security of your personal or other information.
If you are a California resident, you have a right to request certain information with respect to the types of personal information we have shared with third parties for their direct marketing purposes, and the identities of those third parties, within the immediately preceding calendar year, subject to certain exceptions. All requests for such information must be sent to firstname.lastname@example.org.
This same California law permits us to provide you, in response to your written request, with a cost-free means to choose not to have your information shared rather than providing the above described information. To that end, you may request that we do not disclose your personal information to unaffiliated third parties for their own direct marketing purposes by contacting us by email at email@example.com.
If you are a California resident under 18 years of age and a registered user of our Services, you may request that we remove content and information that you post on our Services. To obtain removal of such content and information, please send us an email at firstname.lastname@example.org with a short description of the content or information you would like to have removed. Please note that such a request does not necessarily ensure complete or comprehensive removal of content posted by you, since the content and information may remain in our databases, may remain visible in a manner that does not identify you, or may have been re-posted by another user.
Choices and Access to Information
If you no longer wish to receive marketing communications from Readout, please follow the “unsubscribe” instructions that are included at the bottom of each message or email us at email@example.com. We may still send you certain communications relating to the Services you use, such as service announcements and administrative messages.
You have the right and ability to edit certain account information on our Services at any time by logging into your account using the mobile application. Users may also have additional rights to access, review, correct, delete, or inquire about information that we hold about them. To make such a request, please send us an email at firstname.lastname@example.org. Please note that we may need to verify your identity or request additional information from you before we are able to comply with your request.
Data Retention and Deletion
We retain information for as long as reasonably necessary to deliver our Services to you or to fulfill the purposes described in this Policy, or as required by law. To request the deletion of your personal information, please send us an email at email@example.com. We will make our best effort to delete all personal information about you. However, please note that certain information, including other information, may be retained in backup databases or for analytic purposes.
Information for Site users from outside the United States
The personal and other information that we collect through or in connection with the Services is transferred to and processed in the United States for the purposes described above. We also may subcontract the processing of your data to, or otherwise share your data with, affiliates or third parties in the United States or countries other than your country of residence. The data-protection laws in these countries may be different from, and less stringent than, those in your country of residence. By using the Services or by providing any personal or other information to us, you expressly consent to such transfer and processing.
The Services are not directed to children under the age of 13, and Readout does not knowingly collect personal information from anyone who is under the age of 13. We recommend that persons over 13 but under 18 years of age ask their parents for permission before using the Services or sending any information about themselves to anyone over the Internet.
Links to Other Websites or Services
Changes to this Policy
Questions or comments
If you have any questions or comments regarding our Policy, please feel free to contact us at any time at
Effective date: December 12, 2019
Effective date: December 01, 2019
Readout, Inc. (“us”, “we”, or “our”) operates the Biosense mobile application (hereinafter referred to as the “Service”).
This page informs you of our policies regarding the collection, use and disclosure of personal data when you use our Service and the choices you have associated with that data.
Service is the Biosense mobile application operated by Readout, Inc.
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Cookies are small files stored on your device (computer or mobile device).
Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.
Data Processors (or Service Providers)
Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.
We may use the services of various Service Providers in order to process your data more effectively.
Data Subject (or User)
Data Subject is any living individual who is using our Service and is the subject of Personal Data.
Information Collection and Use
We collect several different types of information for various purposes to provide and improve our Service to you.
Types of Data Collected
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:
• First name and last name
• Address, State, Province, ZIP/Postal code, City
• Cookies and Usage Data
When you access the Service with a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data (“Usage Data”).
Tracking Cookies Data
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyse our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
• Session Cookies. We use Session Cookies to operate our Service.
• Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
• Security Cookies. We use Security Cookies for security purposes.
Use of Data
Readout, Inc. uses the collected data for various purposes:
• To provide and maintain our Service
• To notify you about changes to our Service
• To allow you to participate in interactive features of our Service when you choose to do so
• To provide customer support
• To gather analysis or valuable information so that we can improve our Service
• To monitor the usage of our Service
• To detect, prevent and address technical issues
Legal Basis for Processing Personal Data under the General Data Protection Regulation (GDPR)
Readout, Inc. may process your Personal Data because:
• We need to perform a contract with you
• You have given us permission to do so
• The processing is in our legitimate interests and it is not overridden by your rights
• To comply with the law
Retention of Data
Readout, Inc. will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer periods.
Transfer of Data
Your information, including Personal Data, may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.
Disclosure of Data
Disclosure for Law Enforcement
Under certain circumstances, Readout, Inc. may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Readout, Inc. may disclose your Personal Data in the good faith belief that such action is necessary to:
• To comply with a legal obligation
• To protect and defend the rights or property of Readout, Inc.
• To prevent or investigate possible wrongdoing in connection with the Service
• To protect the personal safety of users of the Service or the public
• To protect against legal liability
Security of Data
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
Our Policy on “Do Not Track” Signals under the California Online Protection Act (CalOPPA)
We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
Your Data Protection Rights under the General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Readout, Inc. aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data.
If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
The right to object. You have the right to object to our processing of your Personal Data.
The right of restriction. You have the right to request that we restrict the processing of your personal information.
The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
The right to withdraw consent. You also have the right to withdraw your consent at any time where Readout, Inc. relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
We may employ third party companies and individuals to facilitate our Service (“Service Providers”), provide the Service on our behalf, perform Service-related services or assist us in analysing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyse the use of our Service.
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page:
Google Ads (AdWords)
Google Ads (AdWords) remarketing service is provided by Google Inc.
You can opt-out of Google Analytics for Display Advertising and customise the Google Display Network ads by visiting the Google Ads Settings page:
Google also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout – for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page:
Facebook remarketing service is provided by Facebook Inc.
You can learn more about interest-based advertising from Facebook by visiting this page:
To opt-out from Facebook’s interest-based ads, follow these instructions from Facebook:
Facebook adheres to the Self-Regulatory Principles for Online Behavioural Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings.
For more information on the privacy practices of Facebook, please visit Facebook’s Data Policy:
Links to Other Sites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Our Service does not address anyone under the age of 18 (“Children”).
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
These Terms and Conditions of Sale are a legal agreement (the “Agreement”) between you (“Buyer” or “you”) and Readout, Inc., a Delaware corporation, with its principal place of business at 2940 Locust St., St. Louis, MO 63103 (“Readout,” “we,” “us,” or “our”), establishing terms and conditions under which Buyer shall purchase Readout products (“Products”). The earlier of the date Buyer first agrees to or accepts this Agreement, or that Buyer otherwise first orders any Products is referred to herein as the “Effective Date.” If Buyer’s order of Products is deemed an offer, Readout’s acceptance is expressly conditional on Buyer’s acceptance of the terms of this Agreement; if the terms of this Agreement are deemed an offer by Readout, Buyer’s acceptance is expressly limited to the terms of this Agreement. Any additional terms or conditions (preprinted or otherwise) proposed by Buyer shall not become a part of this Agreement. Terms or conditions contained in Buyer’s purchase order or other form containing terms and conditions shall have no force or effect. This Agreement may be established through signature of both parties, through an on-line click through process via our website at www.mybiosense.com (“Website”) or this Agreement may be established through Buyer’s agreement to Readout’s quote or proposal referencing these Terms and Conditions of Sale.
Before you click on the “I Accept” button, before you agree to purchase products, or before you otherwise indicate acceptance of this agreement, carefully read the terms and conditions of this agreement. by clicking on the “I Accept” button or by ordering the products, you agree to be bound by and are becoming a party to this agreement as the “Buyer.” if you do not agree to all of the terms of this agreement, then do not click “I Accept” and do not order or purchase the products.
These terms contain an agreement to arbitrate, which (i) requires that you and Readout, Inc. arbitrate certain claims by binding, individual arbitration instead of going to court and (ii) limits class action claims, unless you opt out of the agreement to arbitrate as described in the arbitration section (see section 10).
These Readout Terms and Conditions, all Addenda hereto (if any) issued by Readout, the accompanying quotation or proposal issued by Readout or its authorized representative in printed, electronic, on-line (on the Website or otherwise) or other form (a “Quote”, and collectively, the “Agreement”) shall exclusively govern Readout’s sale of Products to you. When placing an order for the Products, you will be required to provide certain information, such as your address and billing information. You covenant that all such information is true and correct. All orders are subject to acceptance by Readout. In the event of any conflict between a Quote and these Terms and Conditions, these Terms and Conditions shall control.
Unless expressly stated otherwise in a Quote, the price(s) for the Products will be those listed in on the MyBiosense website or accompanying Quote and expire thirty (30) days from the date thereof, unless sooner changed by Readout on the Quote. Additional fees, terms and conditions may apply to access to the Readout’s services associated with the Products. Unless expressly stated otherwise in a Quote, prices exclude all insurance, freight, federal, state and local taxes, GST, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by Buyer directly or, if paid by Readout, shall be paid by Buyer to Readout within 30 days of invoice of the same delivered by Readout to Buyer. Buyer will be charged in full or invoiced at the time of order of each Product, as Readout may determine on a case-by-case basis. Except as otherwise agreed in writing by Readout, Buyer shall pay invoices in full within thirty (30) days of the date of invoice. All amounts not paid when due will accrue interest at the rate of 1.5% per month, or the maximum amount allowed by law, whichever is lower. If Buyer’s account is referred to an attorney or collection agency for collection, Buyer shall pay Readout’s expenses incurred in such collection effort including, without limitation, reasonable legal fees and expenses.
All sales shall be F.C.A. (Incoterms 2010) shipping point. Title (except for software, for which Readout shall retain title) and risk of loss shall pass to Buyer upon the earlier of delivery of the Products to the Buyer or a carrier for shipment to the Buyer. Readout will use reasonable efforts to meet requested shipping dates, but will not be liable for any failure to do so. All shipments will be made at Buyer’s risk.
4. Limited Warranty
(a) Limited Warranty. The limited warranty set forth herein applies only to the Buyer, may be acted upon only by the Buyer, and may not be assigned, sold or transferred to any third party. Readout warrants only to the Buyer that, for a period of ninety (90) days year from delivery, the Product shall substantially conform to Readout’s published specifications as of the date of shipment. The limited warranty herein shall not apply to (i) any Product that has been customized, altered or repaired by any person or entity other than personnel of Readout or personnel specifically authorized by Readout, (ii) any Product that has been subjected to abuse, misuse, damage, neglect, or accident beyond Readout’s published limitations for the Product or other causes external to the Products (including, without limitation, environmental conditions and power conditions), (iii) use of the Product in combination with products or software not supplied by Readout, (iv) any use or operation of the Product other than in accordance with Readout’s then-current published specifications and instructions for the Product, or (v) any non-conformities or defects notified by Buyer to Seller with respect to a Product after the expiration of the applicable warranty period for such Product.
Buyer’s sole and exclusive remedy and Seller’s sole and exclusive liability for a breach of this limited warranty shall be, at Seller’s option, Seller’s use of its commercially reasonable efforts to repair or replace the non-conforming Product. If Readout is unable, after reasonable efforts, to repair or replace such substantially non-conforming Products, Readout, may, at its sole discretion, elect to refund of an amount not to exceed the actual payments received by Readout for such Product(s). Buyer shall not return any Product to Readout without a Readout-issued RMA number; Buyer shall contact Readout at firstname.lastname@example.org to request a return and to obtain directions for returns of Products. Shipping costs and the risk of loss for a returned defective Product with a proper RMA number shall be borne by Readout and Readout shall assume the risk of loss while the Product is in the Readout facility. Products that are repaired or replaced by Readout shall be covered by this limited warranty for the remaining warranty period for such original Product.
This limited warranty is in lieu of any other warranty, whether express or implied, written or oral (including, without limitation, any warranty of merchantability, fitness for a particular purpose or non-infringement) with respect to the products, the manufacture, sale, supplying or failure or delay in supplying of the products, services related thereto or the use, results or disposition of the products. Readout expressly disclaims all warranties (whether express or implied, written or oral) with respect to the results obtained from the product. our products do not protect you from overheating or any other health or safety risks. you are solely responsible for maintaining your own health and safety.
5. Limitation of Liability
(a) To the extent permitted by applicable law, in no event shall Readout (or its suppliers or licensors) be liable to buyer or any third party for special, incidental, consequential, exemplary, punitive, multiple or other indirect damages, or for loss of profits, loss of data or loss of use damages, arising out of the products, manufacture, sale, supplying or failure or delay in supplying of the products, services related thereto or the use, results or disposition of the products, whether based upon warranty, contract, tort, strict liability or otherwise, even if seller has been advised of the possibility of such damages or losses.
(b) To the extent permitted by applicable law, Readout (and its suppliers’ and licensors’) liability arising out of products, the manufacture, sale, supplying or failure or delay in supplying of the products, services related thereto or the use, results or disposition of the products, whether based upon warranty, contract, tort, strict liability or otherwise, shall not exceed the applicable purchase price paid by buyer for the applicable product in the then-prior twelve (12) months.
(c) Use of Products at Buyer’s Risk. Buyer assumes sole and exclusive responsibility and liability for any claims or damages of buyer or any third party arising from use of the products. To the extent permitted by applicable law, buyer shall be solely responsible for, and Readout shall have no responsibility for, personal injury or property damage resulting from or alleged to result from the products.
6. Intellectual Property; Software
No sale of any Product, and nothing in this Agreement, shall be construed as granting to Buyer any license or other proprietary or intellectual property right applicable to the Products. Buyer may not alter or remove, and shall abide by, any patent, trademark, copyright, trade secret, proprietary or other notices contained on or in the Products. With respect to any software installed in the Products (the “Software”), Readout and Buyer intend and agree that such software is being licensed and not sold, and that the words “purchase”, “sold” or similar or derivative words are understood and agreed to mean “license” and that the word “Buyer” or similar or derivative words is understood and agreed to mean “Licensee”. Readout (and its licensors) retain exclusive ownership of and title to all Software, notwithstanding anything to the contrary stated herein. Subject to the terms and conditions of this Agreement, Readout grant to Buyer a royalty-free, non-exclusive, non-transferable license, without right to sublicense, to use Software in object code only as installed by Readout in the Product delivered hereunder and solely for Buyer’s own internal business purposes in accordance with user documentation provided by Readout. The foregoing license is transferable only upon the resale of the Product in accordance with Section 7. Buyer shall not (a) modify, copy, enhance, make derivative works of the Software or (b) disassemble, decompile, reverse engineer or otherwise derive human readable code from the Software. Unless expressly allowed by applicable law, Buyer agrees to hold in confidence the Software and related documentation supplied hereunder and not to disclose or make available in any form the same, except to our and Buyer’s employees and agents. If applicable law requires or expressly permits access to such source code for the purpose of achieving interoperability with other software, and the Buyer desires access for that required purpose, Buyer shall notify Readout in writing, detailing the basis for such access. On receipt of Buyer’s notice, Readout shall have the option, in its discretion, to (i) perform the work to derive any required information or (ii) allow Buyer or its access to the relevant section of the source code of the Software solely for the legally required purpose. Readout shall have the right to terminate this license upon written notice to Buyer if Buyer fails to comply with any term or condition herein.
7. Use; Resale
All Products are solely for personal, and not commercial, use. Subject to the terms and conditions of this Agreement (including, without limitation, Sections 8 and 9), Buyer shall have the right to resell or transfer the Product to any third party (an “End User”), provided that (a) Buyer makes such sale pursuant to binding terms and conditions no less protective of Readout and the Product than this Agreement, (b) Buyer makes no representation or warranty on behalf of Readout, (c) Buyer fairly and accurately represents the Product at all times only in accordance with the express statements in Readout’s written documentation, and (d) Buyer ensures that this Agreement and Readout’s user manual and all applicable warnings are delivered to each and every End User of the Product.
8. Force Majeure and Allocation
If either party’s performance under the Agreement (except payment of monies due) is prevented, restricted, or interfered with by reason of casualty, accident, fire, strikes or labor disputes, terrorist acts, inability to procure materials or components, power or supplies, war or other violence, compliance with any law, order, proclamation, regulation, ordinance, demand or requirement of any government agency or intergovernmental body (including, without limitation, those related to infringement), production delays, or any other act, circumstance, or condition whatsoever beyond such party’s or its suppliers’ or licensors’ reasonable control, the party whose performance is prevented, restricted, or interfered with, upon notice to the other party, shall be excused from such performance to the extent of such prevention, restriction, or interference. Readout may allocate its available supply of Products among any or all of its customers on such basis as it may deem fair and practical, without liability for any failure to comply with the provisions of the Agreement with respect to delay in supplying such Products.
9. Governing Law; Dispute Resolution
This Agreement, and any dispute between you and us, shall be governed by the laws of the State of Missouri without regard to principles of conflicts of law that would result in the application of the law of any other jurisdiction, except that the Federal Arbitration Act shall govern the interpretation and enforcement of the arbitration provisions set forth below. Unless you and we agree otherwise, in the event that Section 10 is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate (as defined below) or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state court located in St. Louis City, Missouri or a federal court located in St. Louis, Missouri, except that you or we are permitted (i) to bring small claims actions in state court in the county in which you reside if such court has a small claims procedure; (ii) to bring claims for injunctive relief in any court having jurisdiction over the parties; or (iii) to seek enforcement of a judgment in any court having jurisdiction over the parties. To the extent permitted by law, you and we agree to waive trial by jury in any court proceeding.
10. Agreement to Arbitrate; Waiver of Class Action
You may opt out of this agreement to arbitrate. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within thirty (30) days of the date that you first became subject to this arbitration provision. The opt out notice must state that you do not agree to the Agreement To Arbitrate and must include your name, address, phone number, your Readout account to which the opt out applies and a clear statement that you want to opt out of this agreement to arbitrate. You must sign the opt out notice for it to be effective. This procedure is the only way you can opt out of the Agreement To Arbitrate. You must use this address to opt out:
Readout, Inc., ATTN: Arbitration Opt-out, 2940 Locust St., St. Louis, MO 63103, USA.
This agreement to arbitrate will survive the termination of your relationship with us.
This Agreement constitutes the entire agreement between Buyer and Readout with respect to the subject matter hereof and is the final, complete, and exclusive statement of the terms of the Agreement, superseding all prior written and oral agreements, understandings and undertakings with respect to the subject matter hereof. Modifications may be made only in writing, signed by an authorized corporate officer of Readout. The waiver of any term or condition or any breach thereof shall not affect any other term of condition of this Agreement. Buyer shall not assign this Agreement without Readout’s prior written consent. Termination of this Agreement will not relieve Buyer of any of its obligations hereunder. If any provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of any authority having jurisdiction over this Agreement, the validity of the remaining portions or provisions hereof shall remain in full force and affect, and any unenforceable provision shall be replaced by a legally effective provision that comes as close as possible to the purpose of the unenforceable provision. This Agreement shall bind and inure to the benefit of the parties to this Agreement and their respective successors, permitted transferees, and permitted assigns. Readout and Buyer are independent contractors and are not partners, joint venturers, agents, employees or representatives of the other party. Readout shall not be liable for failure to perform any of its obligations hereunder by reason that are beyond its reasonable control, including, without limitation, fire, flood, earthquake, interruptions in supply, other natural disaster, war embargo, riot or acts of terrorism. The failure of Readout to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
Readout Terms and Conditions of Sale Version: December 1, 2019
The information contained on www.mybiosense.com website (the “Service”) is for general information purposes only.
Readout, Inc. assumes no responsibility for errors or omissions in the contents on the Service.
In no event shall Readout, Inc. be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other arising out of or in connection with the use of the Service or the contents of the Service. Readout, Inc. reserves the right to make additions, deletions, or modification to the contents on the Service at any time without prior notice.
Readout, Inc. does not warrant that the Service is free of viruses or other harmful components.
The Service offers health, fitness and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional.
Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on the Service. The use of any information provided on the Service is solely at your own risk.
Last updated: December 01, 2019
Please read this End-User License Agreement (“Agreement”) carefully before clicking the “I Agree” button, downloading or using Biosense (“Application”).
By clicking the “I Agree” button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement. This Agreement is a legal agreement between you (either an individual or a single entity) and Readout, Inc. and it governs your use of the Application made available to you by Readout, Inc..
If you do not agree to the terms of this Agreement, do not click on the “I Agree” button and do not download or use the Application.
The Application is licensed, not sold, to you by Readout, Inc. for use strictly in accordance with the terms of this Agreement.
Readout, Inc. grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
You agree not to, and you will not permit others to:
license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
copy or use the Application for any purpose other than as permitted under the above section ‘License’.
modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.
remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Readout, Inc. or its affiliates, partners, suppliers or the licensors of the Application.
The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of Readout, Inc..
Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to Readout, Inc. with respect to the Application shall remain the sole and exclusive property of Readout, Inc..
Readout, Inc. shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
Modifications to Application
Readout, Inc. reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
Updates to Application Readout, Inc. may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).
Updates may modify or delete certain features and/or functionalities of the Application. You agree that Readout, Inc. has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.
The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services (“Third-Party Services”).
You acknowledge and agree that Readout, Inc. shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Readout, Inc. does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
Term and Termination
This Agreement shall remain in effect until terminated by you or Readout, Inc..
Readout, Inc. may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from Readout, Inc., in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your computer. Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your computer.
Termination of this Agreement will not limit any of Readout, Inc.’s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
Indemnification You agree to indemnify and hold Readout, Inc. and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
No Warranties The Application is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Readout, Inc., on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Readout, Inc. provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Readout, Inc. nor any Readout, Inc.’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of Readout, Inc. are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of Readout, Inc. and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Application.
To the maximum extent permitted by applicable law, in no event shall Readout, Inc. or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if Readout, Inc. or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
For U.S. Government End Users
The Application and related documentation are “Commercial Items”, as that term is defined under 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used under 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. In accordance with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
You may not export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained.
In particular, but without limitation, the Application may not be exported or re-exported (a) into or to a nation or a resident of any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.
By installing or using any component of the Application, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
Amendments to this Agreement
Readout, Inc. reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.
The laws of Missouri, United States, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Good.
If you have any questions about this Agreement, please contact us.
Entire Agreement The Agreement constitutes the entire agreement between you and Readout, Inc. regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and Readout, Inc..
You may be subject to additional terms and conditions that apply when you use or purchase other Readout, Inc.’s services, which Readout, Inc. will provide to you at the time of such use or purchase.