YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.
Eligibility
You may access and use the Services only if you are 13 years or older.
Trademark
All trademarks and logos displayed, mentioned or otherwise used in this Site are property of Hulu Devices or other third parties as stated if applicable. You are not permitted to use any of these trademarks or logos in any way without explicit prior written permission of Hulu Devices or such third party as applicable.
Limited License
Hulu Devices owns and operates the Service. The documents and other information and content available on the Services are protected by copyright and other intellectual property laws throughout the world. All copyright and other proprietary notices on any Content must be retained on any copies made thereof. Any unauthorized reproduction, modification, distribution, public display or public performance of any Content is strictly prohibited. Hulu Devices and its suppliers reserve all rights not granted in these Terms.
Subject to the restrictions set forth in these Terms, Hulu Devices grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App in object code format on devices that you own or control, solely for use with the Service. By downloading or using our app(s), you: acknowledge that the App is licensed, not sold to you; and acknowledge that third party terms and fees may apply to the use and operation of your device in connection with your use of the App, such as your carrier’s terms of services, and fees for phone service, data access, or messaging capabilities, and that you are solely responsible for payment of any and all such fees.
Modification
Hulu Devices reserves the right, at its sole discretion, to modify or terminate the Services or to modify these Terms of Use, at any time and without prior notice. If we modify these Terms of Use, we will post the modification on the Site. By continuing to access or use the Services after we have posted a modification on the Site, you are indicating that you agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, your only recourse is to cease accessing and using the Services.
Warning: Not for Medical Use
The App and the Product designed as a calibrator for blood pressure monitors. The App and the product are not intended to diagnose, cure, mitigate, treat, or prevent any condition, or to be a substitute for professional medical care. The calibration results are intended for informational and educational purposes only, to support general health and wellness. The App and the product have not been tested with all the models of blood pressure monitors and various individuals, are not a blood pressure monitor and have not been cleared or approved by the U.S. Food and Drug Administration.
Not Medical Advice & Other Important Considerations
Hulu Devices DOES NOT PROVIDE MEDICAL ADVICE. THE SERVICES ARE NOT PROVIDED IN THE COURSE OF A PROFESSIONAL RELATIONSHIP BETWEEN A HEALTH CARE PROVIDER AND A PATIENT AND IS NOT INTENDED TO CREATE ANY PATIENT RELATIONSHIP, NOR SHOULD IT BE CONSIDERED A REPLACEMENT FOR CONSULTATION WITH A HEALTH CARE PROFESSIONAL. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF CONTENT AVAILABLE ON THE SERVICES OR THE RESULTS YOU RECEIVE THROUGH THE SERVICES. You understand and agree that the Services and any other information you learn from Hulu Devices are not intended, designed, or implied to diagnose, cure, mitigate, treat, or prevent, any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical care, and you understand and agree that the Services are intended for research, informational, and educational purposes only. You acknowledge and agree that Hulu Devices urges you to seek the advice of your physician or other health care provider if you have questions or concerns arising from the Services or the results therefrom. If you have an emergency medical condition, call 911 immediately.
Accuracy
The Services are intended to provide you with information that compares the BP reading from the automated blood pressure monitors and the BP reading determined by yourself based on auscultatory sounds. Though the auscultatory BP is the gold standard of non-invasive BP measurement, many factors could introduce errors. The BP determined with the App and the Product is for reference only, and Hulu Devices is not responsible for the consequences of any erroneous readings. These factors could include but are not limited to cuff deflation rate, hearing capability, stetho head position, expertise in auscultation etc.
The App or the Product is not a medical device, and the information and data provided by the Services are not intended to be utilized for medical purposes and are not intended to diagnose, cure, mitigate, treat, or prevent any disease.
Disclaimers
EXCEPT WHERE PROHIBITED BY LAW, HULU DEVICES EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS BASIS.
WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY OF THE SERVICES OR ANY CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT WARRANT THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, VIRUS- OR ERROR-FREE OR FREE FROM OTHER HARMFUL ELEMENTS OR (III) ERRORS WILL BE CORRECTED. ANY ORAL OR WRITTEN ADVICE PROVIDED BY OUR AGENTS OR US DOES NOT AND WILL NOT CREATE ANY WARRANTY. YOU THEREFORE EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT HULU DEVICES CANNOT BE HELD LIABLE FOR ANY HEALTHCARE OR RELATED DECISIONS MADE BY YOU OR YOUR PHYSICIAN BASED UPON DATA COLLECTED, TRANSMITTED OR DISPLAYED BY OR ON THE SERVICES, WHETHER SUCH DATA IS ACCURATE OR INACCURATE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES OR THE CONTENT IS AT YOUR OWN RISK.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER HULU DEVICES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HULU DEVICES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL HULU DEVICES’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNT YOU PAID TO HULU DEVICES FOR THE SERVICES (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH CLAIMS.
To the extent permitted by applicable law, you acknowledge and agree that we offer the Services and set the Services’ prices in reliance upon the warranty disclaimers, releases, and limitations of liability set forth in the Terms of Use. To the extent permitted by applicable law, you also acknowledge and agree that these warranty disclaimers, releases, and limitations of liability reflect a reasonable and fair allocation of risk between you and us and that these warranty disclaimers, releases, and limitations of liability form an essential basis of the bargain between you and us. We would not be able to provide the Services to you on an economically reasonable basis without these warranty disclaimers, releases, and limitations of liability.
Indemnity
To the extent authorized by law, you agree to indemnify and hold harmless Hulu Devices, its employees, officers, directors, affiliates, and agents from and against any and all claims, disputes, demands, liabilities, losses, damages, and costs and expenses, including, without limitation, reasonable legal and accounting fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms of Use, or (b) your access to or use of the Services or the Content.
Miscellaneous
These Terms of Use and any action related thereto will be governed by the laws of China without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the courts located in Shanghai, China, and each of the parties hereto consents to the personal jurisdiction and venue in such courts. These Terms of Use constitute the entire and exclusive understanding and agreement between Hulu Devices and you regarding the Services and the Content, and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between Hulu Devices and you regarding the Services and the Content. You may not assign or transfer these Terms of Use, by operation of law or otherwise, without Hulu Devices' prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns. The failure of Hulu Devices to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that or any other right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Hulu Devices. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect.