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Terms of Service | Privacy Policy | Security Statement
Please read the following Terms and Conditions of use ("Terms & Conditions") carefully before you proceed. By using this QAthlete Personal Assessment System (the product), you agree to these Terms & Conditions and will be bound by them. If you do not agree to these Terms & Conditions, you should not use product. We reserve the right to change or amend these Terms & Conditions at any time
These Terms & Conditions apply to the use by you of the product which is supplied by QAthlete ("we", "us", or "our").
If you do not comply with these Terms & Conditions, we reserve the right, if applicable, to immediately deactivate or delete all information provided by you in this session, bar any further access to such information and/or deny further use of the product. We may terminate or cancel your access to, or use of, the product without prior notice or liability to you or any third party.
We may discontinue, modify or alter any aspect of the product, including, but not limited to, its specification, functionality, reporting and analysis capabilities at any time without prior notice or liability.
We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with the Data Protection Act 1998 - 2006 and subsequent amendments and our Privacy Policy which forms part of these Terms & Conditions. It is important that you read our Privacy Policy carefully before you proceed. By using this product you consent to your personal data being used and processed in accordance with our Privacy Policy.
We grant you a non-exclusive, non-transferable, limited right to access and use this product and the reports and material generated by it for your personal, non-commercial use, provided that you comply fully with the provisions of these Terms & Conditions.
All intellectual property rights (including, without limitation, copyrights, database rights, patents, trademarks, trade secrets and/or other proprietary rights) in the design, layout and content of the product and in or arising out of any software or materials contained in this product belong to us.
Our commercial partners, affiliates, operators, agents, suppliers, advertisers, sponsors, licensors, contractors and other third parties may have additional proprietary rights in the Content.
This product is for use by adults aged between 18 and 65 only.
This product is a monitoring system for stress which generates personalised comments to enable you to seek professional advice. The information and analysis provided by us should not be considered complete and should not be used in place of a visit, call, consultation or the advice of or treatment by your doctor, physician or healthcare provider. You should never disregard medical advice or delay in seeking it because of information you have received using the product.
QAthlete Personal Assessment System's methods for calculating Heart Rate Variability have been developed and operate in accordance with internationally recognised standards and are recommended by the European Society of Cardiology and the North American Society of Pacing and Electrophysiology as published in the European Heart Journal (1996) 17, 354-381.
Please note the following important disclaimers of warranties:
The content of this product is provided "as is" and without warranties of any kind, either express or implied. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, satisfactory quality and fitness for a particular purpose, compatibility, security, or accuracy.
Neither QAthlete, any of our affiliates, operators or agents nor any of our or their respective licensors, licensees, service providers or suppliers warrant that the product or any function contained in the product will be uninterrupted or interruption or error free, that defects will be corrected, or that this product is free of viruses or other harmful components.
Any product, content and material downloaded or otherwise obtained through the use of this product is done at your sole risk and you will be solely responsible for any damage to any computer system or any loss of data that results from the download of any such product, content or material.
Neither QAthlete, any of our affiliates, operators or agents nor any of our or their respective licensors, licensees, service providers or suppliers warrant or make any representations regarding the use or the results of the use of the content and materials in or generated by this product in terms of their correctness, accuracy, reliability, or otherwise.
Please note that no advice or information obtained by you from our personnel or through use of this product shall create any warranty not expressly provided for in these terms & conditions.
These disclaimers apply to the fullest extent permitted by law.
You expressly understand and agree that (to the fullest extent permitted by law) we and our affiliates shall not be liable for any loss of profits, business, contracts, anticipated savings, goodwill, or revenue; or any loss or corruption of data; or any indirect or consequential loss or damage whatsoever (even if we have been advised in advance of the possibility of such loss or damage) arising out of, or resulting from
* the use or the inability to use the product
* the use of any content or other material on or generated by the product
* any other matter relating to the product
In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed £500.
Nothing in this document shall exclude or limit our liability for death or personal injury arising from our negligence or any other liability which is prohibited by law from being excluded (including any liability under Part I of the Consumer Protection Act 1987).
You will indemnify us against any costs incurred by us (including, without limitation, the cost of repair or replacement) as a result of any physical damage caused to the product by your improper use (including, without limitation, malicious damage) of it.
These Terms & Conditions are governed by the laws of USA. The parties submit to the non exclusive jurisdiction of the USA courts for the purposes relating to these Terms & Conditions.
In any action between us arising from the use of the product, the prevailing party shall be entitled to recover legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable legal fees.
If any provision of these Terms & Conditions shall be unlawful, void, or for any reason unenforceable, and the provision in question is not of a fundamental nature to the Terms & Conditions as a whole, then that provision shall be deemed severable from these Terms & Conditions and shall not affect the validity and enforceability of any remaining provisions. These Terms & Conditions, together with our Privacy Policy, are the entire agreement between you and us relating to the subject matter herein. These Terms & Conditions may be modified by our posting of changes to these Terms & Conditions on the product. Each time you use the product, you will be deemed to have accepted any such changes.
We may assign our rights and obligations under these Terms & Conditions. These Terms & Conditions will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms & Conditions, or to exercise any right under the Terms & Conditions, will not be construed as a waiver of that provision or right. If either party waives a breach of any provision of these Terms & Conditions this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.
Unless specifically provided for in these Terms & Conditions, no third party shall have any right hereunder.
I have read, fully understand and agree with the above Terms & Conditions.
Terms and Conditions of Use
Please read the following Terms and Conditions of use ("Terms & Conditions") carefully before you proceed. By using this QAthlete Personal Assessment System (the product), you agree to these Terms & Conditions and will be bound by them. If you do not agree to these Terms & Conditions, you should not use product. We reserve the right to change or amend these Terms & Conditions at any time
1. Scope of Terms & Conditions
These Terms & Conditions apply to the use by you of the product which is supplied by QAthlete ("we", "us", or "our").
2. Terms & Conditions - In General
If you do not comply with these Terms & Conditions, we reserve the right, if applicable, to immediately deactivate or delete all information provided by you in this session, bar any further access to such information and/or deny further use of the product. We may terminate or cancel your access to, or use of, the product without prior notice or liability to you or any third party.
We may discontinue, modify or alter any aspect of the product, including, but not limited to, its specification, functionality, reporting and analysis capabilities at any time without prior notice or liability.
3. Privacy and Data Protection
We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with the Data Protection Act 1998 - 2006 and subsequent amendments and our Privacy Policy which forms part of these Terms & Conditions. It is important that you read our Privacy Policy carefully before you proceed. By using this product you consent to your personal data being used and processed in accordance with our Privacy Policy.
4. Restrictions on Use of Materials
We grant you a non-exclusive, non-transferable, limited right to access and use this product and the reports and material generated by it for your personal, non-commercial use, provided that you comply fully with the provisions of these Terms & Conditions.
All intellectual property rights (including, without limitation, copyrights, database rights, patents, trademarks, trade secrets and/or other proprietary rights) in the design, layout and content of the product and in or arising out of any software or materials contained in this product belong to us.
Our commercial partners, affiliates, operators, agents, suppliers, advertisers, sponsors, licensors, contractors and other third parties may have additional proprietary rights in the Content.
5. Minors
This product is for use by adults aged between 18 and 65 only.
6. Health Disclaimer
This product is a monitoring system for stress which generates personalised comments to enable you to seek professional advice. The information and analysis provided by us should not be considered complete and should not be used in place of a visit, call, consultation or the advice of or treatment by your doctor, physician or healthcare provider. You should never disregard medical advice or delay in seeking it because of information you have received using the product.
QAthlete Personal Assessment System's methods for calculating Heart Rate Variability have been developed and operate in accordance with internationally recognised standards and are recommended by the European Society of Cardiology and the North American Society of Pacing and Electrophysiology as published in the European Heart Journal (1996) 17, 354-381.
7. Disclaimers of Warranties
Please note the following important disclaimers of warranties:
The content of this product is provided "as is" and without warranties of any kind, either express or implied. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, satisfactory quality and fitness for a particular purpose, compatibility, security, or accuracy.
Neither QAthlete, any of our affiliates, operators or agents nor any of our or their respective licensors, licensees, service providers or suppliers warrant that the product or any function contained in the product will be uninterrupted or interruption or error free, that defects will be corrected, or that this product is free of viruses or other harmful components.
Any product, content and material downloaded or otherwise obtained through the use of this product is done at your sole risk and you will be solely responsible for any damage to any computer system or any loss of data that results from the download of any such product, content or material.
Neither QAthlete, any of our affiliates, operators or agents nor any of our or their respective licensors, licensees, service providers or suppliers warrant or make any representations regarding the use or the results of the use of the content and materials in or generated by this product in terms of their correctness, accuracy, reliability, or otherwise.
Please note that no advice or information obtained by you from our personnel or through use of this product shall create any warranty not expressly provided for in these terms & conditions.
These disclaimers apply to the fullest extent permitted by law.
8. Limitation of Liability
You expressly understand and agree that (to the fullest extent permitted by law) we and our affiliates shall not be liable for any loss of profits, business, contracts, anticipated savings, goodwill, or revenue; or any loss or corruption of data; or any indirect or consequential loss or damage whatsoever (even if we have been advised in advance of the possibility of such loss or damage) arising out of, or resulting from
* the use or the inability to use the product
* the use of any content or other material on or generated by the product
* any other matter relating to the product
In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed £500.
Nothing in this document shall exclude or limit our liability for death or personal injury arising from our negligence or any other liability which is prohibited by law from being excluded (including any liability under Part I of the Consumer Protection Act 1987).
9. Damage to QAthlete Personal Assessment System
You will indemnify us against any costs incurred by us (including, without limitation, the cost of repair or replacement) as a result of any physical damage caused to the product by your improper use (including, without limitation, malicious damage) of it.
10. Governing Law and Jurisdiction
These Terms & Conditions are governed by the laws of USA. The parties submit to the non exclusive jurisdiction of the USA courts for the purposes relating to these Terms & Conditions.
11. Miscellaneous Terms
In any action between us arising from the use of the product, the prevailing party shall be entitled to recover legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable legal fees.
If any provision of these Terms & Conditions shall be unlawful, void, or for any reason unenforceable, and the provision in question is not of a fundamental nature to the Terms & Conditions as a whole, then that provision shall be deemed severable from these Terms & Conditions and shall not affect the validity and enforceability of any remaining provisions. These Terms & Conditions, together with our Privacy Policy, are the entire agreement between you and us relating to the subject matter herein. These Terms & Conditions may be modified by our posting of changes to these Terms & Conditions on the product. Each time you use the product, you will be deemed to have accepted any such changes.
We may assign our rights and obligations under these Terms & Conditions. These Terms & Conditions will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms & Conditions, or to exercise any right under the Terms & Conditions, will not be construed as a waiver of that provision or right. If either party waives a breach of any provision of these Terms & Conditions this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.
Unless specifically provided for in these Terms & Conditions, no third party shall have any right hereunder.
I have read, fully understand and agree with the above Terms & Conditions.