Terms of use for the HarmoniMD website and services.
By using the MedWave, Inc. website (hereinafter “the Site”), the individuals who use it (hereinafter “the Users”) accept the following terms and conditions, which are mandatory and binding. Accordingly, any individual or legal entity that does not accept the MedWave, Inc. Terms and Conditions of Use must refrain from using the Site and/or its services.
1. CAPACITY. — To use the Site, you must have the legal capacity to enter into contracts. Persons who lack the legal capacity to be bound, minors, and Users who have been suspended or disabled by MedWave, Inc. may not use the Site.
In the event that the Users are individuals, they acknowledge and accept that, in accordance with the laws of the country in which they perform and use the Site's Services, they have sufficient legal capacity to be bound by the terms of this agreement.
In the event that the Users are legal entities, the person carrying out the registration must hold the authority and powers that legitimize them as a representative of the legal entity. Consequently, the company's representative acknowledges and accepts, on behalf of the company, the terms and conditions of MedWave, Inc.
2. MODIFICATIONS TO THE AGREEMENT. — MedWave, Inc. may modify the terms and conditions at any time, upon prior notice to Users. Modifications to the terms and conditions will take effect 5 (five) business days after their publication on the Site. In the event that Users do not agree with the modifications, they must stop using the Site.
3. HANDLING OF INFORMATION. — For more information about the privacy of Personal Data and the cases in which personal information will be disclosed, you may consult our Privacy Policy, which is regulated based on the guidelines and regulations of the Federal Law on the Protection of Personal Data Held by Private Parties. This notice can be consulted in the "Privacy Policy" section of the Site.
4. SENDING OF PROMOTIONS AND OFFERS. — By sharing your personal data through the Site, you agree to receive promotional emails from the Site; notwithstanding the foregoing, the User will have the ability to stop receiving such promotional emails by clicking the link at the bottom of any promotional email.
5. SYSTEM OR DATABASE BREACHES. — No action or use of any device, software, or other means intended to interfere with the activities and operation of MedWave, Inc. or with the requests, offers, descriptions, accounts, or databases of MedWave, Inc. is permitted. Any intrusion, attempt, or activity that violates or is contrary to intellectual property laws and/or the prohibitions stipulated in this contract will subject the responsible party to the applicable legal actions and to the penalties provided for in this agreement, as well as making them liable for compensating the damages caused.
6. SYSTEM FAILURES. — MedWave, Inc. is not liable for any damage, harm, or loss to the User caused by failures of the system, the server, or the Internet. Nor shall it be liable for any virus that may infect the User's equipment as a result of accessing, using, or examining its website, or as a consequence of any transfer of data, files, images, texts, or audio contained therein. Users may not attribute any liability to it or demand payment for lost profits as a result of damages stemming from technical difficulties or failures of the systems or the Internet. MedWave, Inc. does not guarantee continued or uninterrupted access to and use of its site. The system may occasionally be unavailable due to technical difficulties or Internet failures, or for any other circumstance beyond MedWave, Inc.'s control; in such cases, it will endeavor to restore it as quickly as possible without thereby being held liable in any way. MedWave, Inc. shall not be liable for any error or omission contained in its website.
7. INTELLECTUAL PROPERTY. LINKS. — The contents of the screens relating to MedWave, Inc.'s services, as well as the programs, databases, and networks, are the property of MedWave, Inc. and are protected by the laws and international treaties on copyright, trademarks, patents, and industrial models and designs. The misuse and total or partial reproduction of such contents is prohibited, except with the express written authorization of MedWave, Inc.
The Site may contain links to other websites; this does not indicate that they are owned or operated by MedWave, Inc. Since MedWave, Inc. has no control over such sites, it will not be responsible for the content, materials, actions and/or services provided by them, nor for any damages or losses caused by their use, whether caused directly or indirectly. The presence of links to other websites does not imply a partnership, relationship, approval or endorsement by MedWave, Inc. of those sites and their content.
8. INDEMNIFICATION. — The User shall indemnify and hold harmless MedWave, Inc., its affiliates, subsidiary and/or parent companies, officers, administrators, representatives, and employees, from any claim or demand by other Users or third parties arising from their activities on the Site or from their breach of the General Terms and Conditions and other Policies deemed incorporated herein, or from the violation of any law or third-party rights, including reasonable attorneys' fees.
9. JURISDICTION AND APPLICABLE LAW. — This agreement shall be governed in all respects by the laws in force in the United Mexican States. Any dispute arising from this agreement, its existence, validity, interpretation, scope, or performance, shall be submitted to the jurisdiction of the competent courts of Mexico City, waiving any other jurisdiction that may correspond to them.