Terms of Use - AI For AFib

Please read these Terms of Use before using this website

‍These Terms of Use (“Terms”) are a legally binding agreement between Volta Medical, Inc. (“Volta Medical”, “we”, “our”, or “us”) and you. These Terms govern your use of the website located at https://www.aiforafib.com (the “Site”).

PLEASE READ THESE TERMS CAREFULLY BEFORE YOU DOWNLOAD OR USE THE SITE. BY ACCESSING OR USING ANY PART OF THE SITE, YOU (A) AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, CAPACITY, AND AUTHORITY TO ENTER INTO THESE TERMS; AND (C) ACCEPT AND AGREE WITHOUT RESTRICTION TO BE BOUND BY AND TO COMPLY WITH THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SITE.

These Terms contain provisions that limit our liability (including the “Disclaimer of Warranties” and “Limitation of Liability” sections below) or govern how Disputes (as defined in the “Dispute Resolution” section below) between you and us are resolved, including an agreement to arbitrate and a class action waiver (see the “Dispute Resolution” section below). Unless you opt out of the agreement to arbitrate and the class action waiver in accordance with the “Dispute Resolution” section below: (a) except as otherwise expressly provided herein, all Disputes between you and us will be determined by binding and final arbitration; and (b) you will be permitted to pursue claims and seek relief (including monetary, injunctive, and declaratory relief) against us only on an individual basis, and not as part of any class or representative action or proceeding.

Geography and Eligibility

This Site’s content is intended solely for United States residents who are over the age of 21. Volta Medical makes no representations that the Site content is appropriate for residents of other countries or that the products or services offered or described in this Site are available in other countries. The Site content includes products and/or services which may not be available in any particular country, or if available, may be sold under different trademarks or names, or may only be available for different uses with different labeling. Each country has specific laws and regulations regarding the communication of information about medical products.

This Site may link to other websites from a parent company or other companies affiliated with Volta Medical. Those sites may have information intended for other countries, and information contained on those sites is not applicable to United States residents.

Changes to the Terms

These Terms may be updated by Volta Medical in its sole discretion and at any time without notice to you. All changes are effective immediately when we post them and apply to all accessing and usage of the Site thereafter. However, any change to the dispute resolution provisions set forth in the “Dispute Resolution” section below will not apply to any Dispute of which the parties have actual notice prior to the date the change is posted on the Site.

Your continued use of the Site following the posting of revised Terms means that you accept and agree to be bound by the changes. You should check this page each time you access the Site so that you are aware of any and all changes that may be made to these Terms. IF YOU DO NOT AGREE TO THE REVISED TERMS, YOU AGREE THAT YOUR ONLY REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE.

Restrictions

You shall not, and you shall not permit or encourage any person or entity to, do any of the following:

reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit the Site or any portion or copy thereof;
reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive, view, access, use, or gain access to the source code of the Site;
remove, delete, alter, or obscure any trademark or any copyright, trademark, or other intellectual property or proprietary right notice from the Site, including any copy thereof;
access or use the Site for purposes of benchmarking, comparative, or competitive analysis of the Site (or any other product or service of ours or any of our affiliates), developing, using, or providing any product or service competitive with or intended to be competitive with the Site (or any other product or service of ours or any of our affiliates), or for any other purpose that is to our or any of our affiliates’ detriment or commercial disadvantage;
use the Site in any way that (a) infringes, misappropriates, or violates any intellectual property, proprietary, or other right of any person or (b) violates or promotes the violation of any applicable federal, state, local, or international law, rule, or regulation (including any law regarding the export of data or software to or from the United States or any other country);
use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other person’s use of the Site, including such person’s ability to engage in any activity through the Site, or engage in any other conduct that restricts or inhibits anyone’s access to or use or enjoyment of the Site or which, as determined by us in our sole discretion, may harm us, any of our affiliates, or any user of the Site or expose any of the foregoing to liability;
use any robot, script, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any content available on or through the Site;
introduce to the Site any virus, trojan horse, worm, logic bomb, or other code or material that is malicious or technologically harmful or otherwise use any device, software, or routine that interferes or is designed to interfere with the proper working of the Site;
attempt to gain unauthorized access to, interfere with, damage, disrupt, or otherwise interfere with the proper working of the Site, the server on which the Site is stored, or any server, computer, network, environment, or database connected to or used with the Site; or
attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

Reliance on Content

Volta Medical provides Site content for general informational purposes only. The Site contains information relating to certain medical conditions and their treatment. This is for informational purposes only and is not meant to be a substitute for the advice provided by your own physician or other medical professional. Such content may include inaccuracies and typographical errors, and you should not rely on any content contained on or made available through the App and should always independently investigate the accuracy and completeness of all content presented. You should not use the information contained herein for diagnosing a medical condition or disease, and you should always consult your own physicians.

‍Disclaimer of Warranties

THE SITE AND ALL INFORMATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND DEFECTS, WHETHER KNOWN OR UNKNOWN, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE (ON OUR OWN BEHALF AND ON BEHALF OF EACH OF OUR AFFILIATES) EXPRESSLY DISCLAIM (AND YOU HEREBY WAIVE) ALL REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SITE, INCLUDING (A) ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (INCLUDING BUT NOT LIMITED TO ANY MEDICAL PURPOSE), TITLE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT; (B) REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE ACCURACY, COMPLETENESS, AVAILABILITY, TIMELINESS, USEFULNESS, OR RELIABILITY OF THE SITE (INCLUDING ANY CONTENT); AND (C) REPRESENTATIONS AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING ANY OF THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION OF ANY KIND THAT (A) THE SITE WILL MEET ANY OF YOUR REQUIREMENTS, ACHIEVE ANY RESULT, OPERATE WITHOUT INTERRUPTION, OR MEET ANY PERFORMANCE OR RELIABILITY STANDARD; OR (B) THE CONTENT OF THE SITE WILL BE FREE OF ERRORS, ANY ERROR OR DEFECT CAN OR WILL BE CORRECTED, OR THAT THE SITE WILL BE FREE FROM ANY VIRUS, HARMFUL CODE, OR UNAUTHORIZED ACCESS. WE WILL NOT HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH ANY VIRUS, HARMFUL CODE, UNAUTHORIZED ACCESS, OR THIRD-PARTY SITE.

Limitation of Liability

IN NO EVENT SHALL VOLTA MEDICAL, ANY OF OUR AFFILIATES, OR ANY OF THE RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS OF ANY OF THE FOREGOING BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, INCLUDING ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES WHATSOEVER, INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER IN AN ACTION IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHER, ARISING OUT OF OR IN CONNECTION WITH THE CONTENT OF THIS SITE OR THE PRODUCTS OR SERVICES OFFERED HEREIN, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW (INCLUDING CONSUMER PROTECTION LAW). UNDER NO CIRCUMSTANCE SHALL OUR MAXIMUM LIABILITY IN CONNECTION WITH THESE TERMS IN THE AGGREGATE EXCEED $100.00. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY AND, SOLELY TO THE EXTENT NOT SO ALLOWED, SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

You acknowledge and agree that the above exclusions and limitations of liability are reasonable in accordance with each of your and our obligations and level of risk under these Terms.

Indemnification

You agree to defend, indemnify, and hold harmless us, our affiliates, and the respective licensors, service providers, suppliers, officers, directors, employees, contractors, agents, successors, and assigns of each of the foregoing from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your access to or use of the Site; or (b) your breach of these Terms.

Dispute Resolution

BINDING ARBITRATION AND DISPUTE RESOLUTION AGREEMENT

PLEASE CAREFULLY READ THIS SECTION, WHICH CONTAINS AN ARBITRATION AGREEMENT. THIS AGREEMENT AFFECTS YOUR RIGHTS REGARDING ANY AND ALL CONTROVERSIES, CLAIMS AND DISPUTES ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS OR RELATING TO THE USE OR PROVISION OF THE SITE OR THE INTERPRETATION, PERFORMANCE, OR BREACH HEREOF, INCLUDING ALLEGED VIOLATIONS OF ANY STATE OR FEDERAL STATUTORY OR COMMON LAW RIGHT OR DUTY AND THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE (A “DISPUTE”).

YOU AND WE AGREE TO SUBMIT ANY UNRESOLVED DISPUTES TO BINDING INDIVIDUAL ARBITRATION INSTEAD OF PROCEEDING IN A COURT, EXCEPT AS PROVIDED BELOW.
YOU AND WE WAIVE CERTAIN RIGHTS AVAILABLE IN COURT.
YOU WAIVE ANY RIGHT TO BE A CLASS MEMBER OR CLASS REPRESENTATIVE.

BINDING ARBITRATION AGREEMENT. ANY DISPUTE OR CLAIM ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS (WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT OR OTHERWISE) OR RELATING TO THE USE OR PROVISION OF THE SITE SHALL, TO THE EXTENT PERMITTED BY LAW, BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT THE CUSTOMER MAY INDIVIDUALLY ASSERT CLAIMS IN SMALL CLAIMS COURT IF CLAIMS QUALIFY. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED, AND RIGHTS TO APPEAL ARE MORE LIMITED IN AN ARBITRATION THAN IN A LAWSUIT. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AS A COURT. ARBITRATION SHALL BE CONDUCTED IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION’S CONSUMER ARBITRATION RULES, IF APPLICABLE, AND THE SUPPLEMENTARY PROCEDURES FOR THE RESOLUTION OF CONSUMER RELATED DISPUTES. THE ARBITRATOR CAN RESOLVE DISPUTES BETWEEN YOU AND WE ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS-WIDE BASIS. CONSOLIDATED OR CLASS ACTION ARBITRATIONS SHALL NOT BE PERMITTED. YOU AND WE ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE YOU AND WE EACH ARE WAIVING ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS-WIDE ARBITRATION, PURPORTED CLASS ACTION LAWSUIT, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING. THIS ARBITRATION AGREEMENT DOES NOT PREVENT YOU OR WE FROM ENFORCING OTHER EXISTING ARBITRATION AGREEMENTS. THIS ARBITRATION AGREEMENT EXCLUDES WRONGFUL-DEATH CLAIMS AND PERSONAL-INJURY CLAIMS MANIFESTED BY PHYSICAL INJURY.

THIS ARBITRATION AGREEMENT DELEGATES TO THE ARBITRATOR ALONE, AND NOT ANY FEDERAL, STATE OR LOCAL COURT, OR ANY STATE OR LOCAL AGENCY, THE EXCLUSIVE AUTHORITY TO RESOLVE ALL DISPUTES RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, OR FORMATION OF THIS ARBITRATION AGREEMENT.

THE ARBITRATOR SHALL DECIDE WHETHER ARBITRATION HEARINGS SHALL BE HELD VIRTUALLY OR IN THE COUNTY WHERE YOU ARE DOMICILED.

NOTHING HEREIN SHALL BE CONSTRUED TO PRECLUDE ANY PARTY FROM SEEKING PUBLIC INJUNCTIVE RELIEF IN THE STATE AND FEDERAL COURTS LOCATED IN THE STATE OF DELAWARE. THE ARBITRATOR SHALL LACK THE AUTHORITY TO ISSUE ANY PUBLIC INJUNCTIVE RELIEF. IF THE CUSTOMER INITIATES ARBITRATION, THE CUSTOMER’S ARBITRATION FEES WILL BE LIMITED TO THE FILING FEE SET FORTH IN AAA COMMERCIAL PROGRAM’S CONSUMER ARBITRATION RULES. EXCEPT AS PROVIDED IN THE PRECEDING SENTENCE, REGARDLESS OF WHO INITIATES ARBITRATION, WE WILL PAY THE CUSTOMER’S SHARE OF ARBITRATION FEES (NOT INCLUDING THE CUSTOMER’S ATTORNEYS’ FEES). IF THE ARBITRATOR RULES AGAINST US, IN ADDITION TO ACCEPTING WHATEVER RESPONSIBILITY IS ORDERED BY THE ARBITRATOR, WE WILL REIMBURSE YOU, REGARDLESS OF WHO INITIATED THE ARBITRATION, YOUR REASONABLE COSTS UP TO A MAXIMUM OF $5,000 AND REASONABLE ATTORNEYS’ FEES. IN ADDITION, IF THE ARBITRATOR RULES IN OUR FAVOR, WE WILL NOT SEEK REIMBURSEMENT OF OUR ATTORNEYS’ FEES AND COSTS, REGARDLESS OF WHO INITIATED THE ARBITRATION.

It is important that you understand that by entering into these Terms, you and we are each waiving the right to a trial by jury or to participate in a class action against the other party for claims that are covered by these Terms. Except to the extent that an appeal is permitted, the arbitrator’s decision will be conclusive and binding and may be entered as a judgment in any court of competent jurisdiction.

For claims not required to be resolved by arbitration, each party waives any objection to the laying of the venue of any legal action brought under or in connection with the subject matter of these Terms in the federal or state courts sitting in the State of Delaware and agrees not to plead or claim in such courts that any such action has been brought in an inconvenient forum.

You may opt out of this Arbitration Agreement within 30 days after agreeing to these Terms by sending written notice by certified mail to:

Volta Medical, Inc.

225 Dyer Street

Providence, Rhode Island 02903

‍Links to Third-Party Sites

This Site may contain links, which allow you to leave this Site and visit other websites not controlled by Volta Medical. Volta Medical does not control, and is not responsible for, the content on third-party websites, nor do the links represent an endorsement by Volta Medical of the content on any third-party websites. You acknowledge and agree that we are not responsible for any third-party site, including the accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof, and we do not and will not have any liability or responsibility to you or any other person arising from or relating to any third-party site. Third-party sites may be subject to additional terms and conditions from their respective owner, licensor, provider, or operator. You access and use all third-party sites entirely at your own risk and subject to such additional terms and conditions.

‍Intellectual Property / Submissions

Volta Medical respects the intellectual property rights of others, and will investigate any notice of alleged infringement and take appropriate action under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and other applicable laws. Under the DMCA, notice of alleged copyright infringement should be directed to the following designated agent:

Service Provider: Volta Medical, Inc.

Designated agent: Jeffrey Martin

Email : Jeffrey.martin@volta-medical.com

Address: 225 Dyer Street, Providence, Rhode Island 02903

Volta Medical cannot accept or consider voluntary submissions of materials, inventions, content, or ideas (Disclosures). If you submit any Disclosures, Volta Medical shall not be obligated to treat such Disclosures confidential, nor is Volta Medical liable for any use of any Disclosure. Volta Medical shall be free to reproduce, publish or otherwise use any Disclosure for any purposes, including but not limited to research, development, manufacture, use or sale of products incorporating any Disclosure.

‍Applicable Law

This agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law.

Waiver and Severability

No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of this agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Assignment

We may assign our rights and obligations under these Terms, without notice to you, including (a) to any of our affiliates, (b) to any party or its affiliate acquiring assets related to the Site or an equity or similar interest in us or any of our affiliates, or (c) in connection with the merger or other combination of us or an affiliate of ours with another entity. This agreement may not be assigned by you without our prior written consent.

No Third-Party Rights

Except for your indemnification and defense obligations, these Terms do not and are not intended to confer any right or remedy upon any person other than the parties hereto.

Entire Agreement

These Terms constitute the sole and entire agreement between you and us with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

Volta Medical®, Volta Medical Artificial Intelligence serving heart rhythm® and their respective logos, as well as Volta AF-Xplorer®, are trademarks or service marks of Volta Medical, Inc. or its Affiliates.