Web Site Terms of Use

1. PLEASE READ THESE TERMS OF USE CAREFULLY

Visitors to this Website and all web pages contained in this website www.bosch-telehealth.com agree that their use of the site is governed by certain terms and conditions. Throughout this document we will refer to all the web pages collectively as “Website” and to those terms and conditions as “Terms of Use”.

If you do NOT agree to these Terms of Use you should NOT use this Website.

This Website is owned and operated by Robert Bosch Healthcare Systems, Inc (“Robert Bosch Healthcare”). Robert Bosch Healthcare is the name we use to refer to our whole business related to providing products and services in the area of healthcare and telemedicine including but not limited to remote health monitoring and disease management.

Robert Bosch Healthcare affiliates operate other websites. These Terms of Use do not apply to other Bosch websites. You should review the terms of use posted on those Bosch Websites when you visit them.

When we use the words we or our in this document, we mean Robert Bosch Healthcare.

2. CONSENT

By using this Website, you agree to the terms of the most recent version of these Terms of Use. Except as written in any other disclaimers, policies, terms of use, or other notices on this Website, these Terms of Use and the Privacy Policy (collectively called “Data Protection Terms”) are the complete agreement between you and Robert Bosch Healthcare with respect to your use of this Website. You may be subject to additional terms that may apply when you access particular services or materials on certain areas in this Website, or by following a link from this Website.

Whenever you submit information via this site, you consent to the collection, use, and disclosure of that information in accordance with the Data Protection Terms including these Terms of Use.

3. CALL 911 (in the U.S.) or 112 (in Germany) FOR AN EMERGENCY

THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

4. INFORMATION ON THIS WEB SITE IS NOT MEDICAL ADVICE

Robert Bosch Healthcare does not practice medicine or provide medical services or advice and the information on this Website should not be considered medical advice.

Health information changes quickly. Therefore, it is always best to confirm information with your health care professional.

This Website may contain information on medical and health-related topics. This information, including any product data, is for information purposes only, and is not intended to describe or make claims about the safety or efficacy of any product. This information is also not meant to be a substitute for the advice provided by your own physician or other medical professional, and you should not use this information for diagnosing or treating a health problem or disease. You should always talk to your health care professional for diagnosis and treatment. You should always consult your own physician before undertaking any healthcare activities or changing any healthcare routines.

Unless otherwise authorized to do so, visitors may not enter areas that are restricted to the authorized users of Robert Bosch Healthcare clients and customers. THIS IS A RESTRICTED AREA, WHICH MAY CONTAIN CONFIDENTIAL MEDICAL RECORDS AND OTHER PATIENT INFORMATION. YOU MAY ACCESS THIS AREA ONLY IF YOU HAVE AN ASSIGNED MEMBER ID AND SECURE PASSWORD. ATTEMPTING TO ACCESS RESTRICTED AREAS WITHOUT PERMISSION IS STRICTLY FORBIDDEN AND A VIOLATION OF LAW AND YOUR TERMS OF USE.

5. MEDICATION ADHERENCE SERVICE

Robert Bosch Healthcare does not recommend or endorse any specific medications, procedures, opinions, or other information that may be mentioned on the Website or in its newsletters or other forms of communication. You should discuss any information referenced or mentioned on the Website with a physician, pharmacist, nurse, or other licensed medical professional. You should also check product information (including package inserts) regarding dosage, precautions, warnings, interactions, and contraindications before administering or using any device, drug, herb, vitamin, or supplement referenced or mentioned on this Website. Reliance on any information or service provided by Robert Bosch Healthcare or other third parties through this Website is solely at your own risk.

The Website includes a means for patients and caregivers to receive personal medical reminders based upon the individual needs and input of its users. This Website also provides a means for patients to order and refill prescription and other medication(s) through an automated system that connects its users to third party vendors. ROBERT BOSCH HEALTHCARE IS NOT A LICENSED PHARMACY AND ALL PHARMACY FULFILLMENT SERVICES ARE PROVIDED BY THIRD PARTY VENDORS. Fulfillment of any order or request to refill a prescription will be made by such third party vendors in accordance with their terms and conditions. You may be required to register with such third party vendor and should approve the vendor’s policies and terms of use before using the prescription order system. Because prescription services may only be provided by licensed pharmacies, this service may not be available to residents of all states. THE WEBSITE SERVES ONLY AS A MEANS TO CONNECT WITH THIRD PARTY PHARMACIES LICENSED TO PROVIDE MAIL-ORDER PRESCRIPTION SERVICES. ROBERT BOSCH HEALTHCARE DISCLAIMS ANY LIABILITY FOR SUCH PRESCRIPTION SERVICES; AND YOU AGREE THAT ANY CLAIMS RELATING TO THE PRESCRIPTION SERVICES WILL BE DIRECTED TO THE THIRD PARTY PHARMACY.

Robert Bosch Healthcare’s Health Buddy Medication Adherence Service operates electronically through online computer systems. These computer systems may, from time to time despite the Robert Bosch Healthcare’s best efforts, go offline or otherwise fail to operate effectively, and may not be able to send reminder messages or forward prescription orders at the designated time(s) or at all. You acknowledge and agree through your registration with Robert Bosch Healthcare and use of these services, that you understand and are aware this may happen, and you agree further not to hold the Robert Bosch Healthcare liable for any reason, including without limitation missing a medication dose, failure to receive a reminder created on the system, or failure to receive an order for or receipt of the wrong order of prescription or other medication(s) placed with any third parties. Robert Bosch Healthcare specifically disclaims any guarantee or warranty, express or implied, with respect to these services, including any warranty of merchantability or fitness for a particular purpose. Use of the Medication Adherence Service is intended for informational purposes only.

6. LINKS TO THIS WEB SITE AND USE OF ROBERT BOSCH HEALTHCARE MARKS.

You are hereby granted a non-exclusive, limited, and revocable license to link to this Website. Robert Bosch Healthcare reserves the right to revoke this license generally, or your right to use specific links, at any time. If Robert Bosch Healthcare revokes this license, you agree to remove and disable any and all of your links to this Website immediately.

You agree not to present the link to this Website in such a way that it is associated with advertising or appears to be an endorsement of any organization, product, or service. You agree that the link will not appear on a Website that a reasonable person may consider obscene, defamatory, harassing, grossly offensive, or malicious. Under no circumstances may you "frame" this Website or any of its content or copy portions of this Website to a server. You agree not to display or use the Robert Bosch Healthcare logo or trademark in any manner without our prior written permission.

7. LINKS TO OTHER WEB SITES

This Website may contain links to Websites not operated by Robert Bosch Healthcare. We provide these links for your convenience, but we do not review, control, or monitor the materials on any other Websites. These other Websites may contain information about uses of Robert Bosch Healthcare products or services that have not been approved in the your country. We do not control or endorse this type of information. We are not responsible for the performance of those Websites or for your business dealings with them. Your use of other Websites is subject to the terms of use of those Websites, including the privacy policies of those Websites.

8. OUR COPYRIGHTS AND TRADEMARKS

The materials on this Website are owned by or are licensed to Robert Bosch Healthcare. The materials are protected by international copyright laws. There are some important rules about copying these materials. You may e-mail, download, reproduce, distribute or print copies of the materials on this Website if you agree to follow 3 simple rules - (i) you promise to use the materials only for your personal, noncommercial use (ii) you promise to include all copyright and other notices that are in the materials, including the copyright notice on the bottom of the page, and (iii) you promise not to modify the materials in any manner.

Robert Bosch Healthcare also owns or has licenses to use the names it uses for its products and services on this Website, and these names are protected by international trademark laws. An ® following a name on our Website indicates that the trademark has been registered in the United States. A ™ following a name on our Website indicates that it is an unregistered trademark. All trademarks are the property of their respective owners.

There may be special rules for the use of materials provided on certain parts of this Website. These special rules will be posted near the materials.

If you use the materials or trademarks on this Website in a way that is not arguably allowed by these Terms of Use, you are violating your agreement with us and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your permission to use this Website. Title to the materials remains with us or with the owners of the materials contained on this Website. All rights not expressly granted are reserved.

9. YOUR FEEDBACK, COMMENTS, SUGGESTIONS AND IDEAS.

We are always pleased to receive feedback, comments, suggestions and ideas from visitors to this Website. However, we want you to understand that any information that you submit to us through or in connection with this Website will be considered non-personal, non-confidential, and non-proprietary (other than personal information, as that term is defined in our Privacy Policy). If you transmit any ideas, information, concepts, know-how or techniques or materials to us through this Website, you hereby grant Robert Bosch Healthcare an unrestricted, irrevocable license, without any obligation of compensation on the part of Robert Bosch Healthcare and free of any moral rights, intellectual property rights, industrial property rights or other proprietary rights. Under this license Robert Bosch Healthcare shall have the right to use, reproduce, display, perform, modify, transmit and distribute any such submitted information in any medium, and agree that Robert Bosch Healthcare is free to use the information for any purpose.

10. USE OF SOFTWARE

Software made available for downloading from or through this Website is licensed subject to the terms of the applicable license agreement. Except as set forth in the applicable license agreement, the software is made available for use by end users only and any further copying, reproduction or redistribution of the software is expressly prohibited. WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT. ROBERT BOSCH HEALTHCARE HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE.

11. AVAILABILITY OF PRODUCTS AND SERVICES IN YOUR AREA

The Website may contain references to specific Robert Bosch Healthcare products and services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country. Please contact your local Robert Bosch Healthcare business contact for further information.

Robert Bosch Healthcare’s products or services may receive approval or market clearance by a governmental regulatory body for different uses and restrictions in different countries. Each country has specific laws, regulations, and medical practices governing the communication of medical or other information about medical products or services on the Internet. The Website is not a solicitation or promotion for any product or service, or for a particular use for any product or service, which is not authorized by the laws and regulations of the country where the website visitor resides.

12. NO WARRANTIES.

ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. ROBERT BOSCH HEALTHCARE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

ALTHOUGH ROBERT BOSCH HEALTHCARE WILL USE REASONABLE EFFORTS TO INCLUDE UP-TO-DATE AND ACCURATE INFORMATION ON THIS WEBSITE, ROBERT BOSCH HEALTHCARE MAKES NO REPRESENTATIONS, WARRANTIES OR ASSURANCES AS TO THE ACCURACY, TIMELINESS, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE.

ROBERT BOSCH HEALTHCARE MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEBSITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.

Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you.

13. LIMITATION OF LIABILITY.

YOU AGREE THAT NEITHER ROBERT BOSCH HEALTHCARE NOR ANY PERSON OR COMPANY ASSOCIATED WITH ROBERT BOSCH HEALTHCARE SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS ON THIS WEBSITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ROBERT BOSCH HEALTHCARE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS MENTIONED ON THIS WEBSITE. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.

THE TOTAL LIABILITY OF ROBERT BOSCH HEALTHCARE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $ 100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES.

IN NO EVENT SHALL ROBERT BOSCH HEALTHCARE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEBSITE OR MATERIALS ARE EXCLUDED EVEN IF ROBERT BOSCH HEALTHCARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. OTHER RULES ABOUT THIS WEB SITE.

In addition to the rules in these Data Protection Terms, you may be subject to additional terms that may apply when you access particular services or materials on certain areas in this Website, such as when you purchase enhanced services, or by following a link from this Website. Please read our Privacy Policy to learn how we protect and use information that we gather through this Website.

Your obligations under this section and the sections called "Your Feedback", "No Warranties" and "Limitation of Liability" will survive termination of these Terms of Use.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

If you violate these Terms of Use or the Privacy Notice in a way that causes harm to others, you agree to hold Robert Bosch Healthcare harmless against any liability for that harm.

By using this Website, you agree that the only proper jurisdiction and venue for any dispute with Robert Bosch Healthcare, or in any way relating to your use of this Website, is in the state and federal courts in the State of California. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving Robert Bosch Healthcare or its affiliates, employees, officers, directors, agents, or suppliers.

These Terms of Use are governed by the internal substantive laws of the State of California without respect to its conflict of laws principles, and the federal laws of the United States.

15. CHANGES TO THE WEB SITE AND TERMS OF USE

Robert Bosch Healthcare may elect to update and modify this Website and the Terms of Use at any time and for any reason without prior notification.

Please review the Terms of Use each time you visit the Website. By using this Website, it means you accept the most recent version of the Terms of Use.

16. QUESTIONS, COMMENTS, AND NOTICES.

Robert Bosch Healthcare may deliver notice to you by electronic mail, a general notice on this Website, or by written communication delivered by First Class U.S. Mail to your address on record with Robert Bosch Healthcare. You may deliver notice to Robert Bosch Healthcare by using the Contact Bosch feature, or at:

Robert Bosch Healthcare Systems, Inc.
2400 Geng Road, Ste. 200
Palo Alto, CA 94303
Phone: 650-690-9100
Toll-Free: 1-888-947-8957
Fax: 650-798-3770

Email address

hcorders@us.bosch.com

© Copyright 2014 Robert Bosch Healthcare Systems, Inc.

All rights reserved. Text, images, graphics, sound, animations and videos as well as the arrangement of the same on Robert Bosch Healthcare Websites are protected by copyright and other intellectual property rights. The content of these web sites may not be copied, disseminated, altered or made accessible to third parties for commercial purposes. Some Robert Bosch Healthcare Websites may also contain text, images, graphics, sound, animations and videos subject to third party copyrights.