Terms and Conditions of Use
This Site is only for the personal use of the user (“User”). You may not distribute, exchange, modify, sell, or transmit anything you copy from this Site, including but not limited to any text, images, audio, and video, for any business, commercial, or public purpose, without the prior written agreement by Myoton. You agree not to alter, interrupt or attempt to alter or interrupt the operation of this Site in any way. Myoton may modify service or stop the operation of the Site in full or in part at any time.
Some pages of the Site may be password protected. In the interests of safety and security of the data, only registered Users may access those pages. Myoton reserves the right to deny registration to any User. Myoton is entitled, at any time and without obligation to give reasons, to deny Users the right to access the password-protected area by blocking the User Data, in particular if the User:
- (i) uses false data for the purpose of registration;
- (ii) violates this Agreement or neglects in his/her duty of care with regard to User Data;
- (iii) violates any applicable laws in the access or use of the Site;
- (iv) does not use the Site for a consecutive period of two years.
For registration the User shall give accurate information and, where such information changes over time, update such information without undue delay. The User shall ensure that his/her e-mail address, as supplied to Myoton, is current at all times and an address where the User can be contacted.
Upon registration the User will be provided with an access code, comprising a User ID and a password (“User Data”). The User Data allows the User to view or change his/her data or, as applicable, to withdraw his/her consent to data processing. The User shall ensure that User Data is not accessible by third parties and is liable for all transactions and other activities carried out under its User Data. At the end of each online session, the User shall log-off from the password protected websites. If and to the extent the User becomes aware that third parties are misusing their User Data, the User shall notify Myoton immediately.
The User may at any time request termination of its registration in writing, provided that such action deletion will not violate the proper performance of any contractual relationship.
Links to Other Sites
Links from this Site to third party web sites are provided solely as a convenience to you. If you use these links, you will leave this Site. Myoton has not reviewed these third-party sites and does not control and is not responsible for any of these sites or their content. Thus, Myoton does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained by using them. If you decide to access any of the third party web sites linked to this site, you do so entirely at your own risk.
Users expressly agree that prices, availability of products and services and any other information or feature, as well as the Terms and Conditions of this Agreement are subject to change by Myoton without prior notice. Changes will be posted and made available under the Site’s “Terms and Conditions of Use” link.
Limitations of Liability
ALL CONTENT AND USE OF THIS SITE ARE PROVIDED ON AN “AS IS” BASIS, AND MYOTON MAKES NO WARRANTY OF ANY KIND, AND HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
IN NO EVENT WILL MYOTON, ITS SUPPLIERS, OR OTHER THIRD PARTIES REFERRED TO ON THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT MYOTON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Intellectual Property Rights
Myoton owns all intellectual property rights in and to all the materials on the Site, and in and to our trademarks, copyrights, service marks, trade names, logos, domain names, taglines, trade dress and other intellectual property related to the method, technology and device (collectively, the “Myoton IP”). You acknowledge and agree that Myoton and its licensors own all rights, title, and interest in and to the Service and Myoton IP. You understand and agree that without a written license agreement with Myoton, we do not authorize you to make any use of the Myoton IP. Except as expressly granted in this Agreement, all rights, title, and interest in and to the Site, and in and to the Myoton IP are reserved by Myoton. Copyright, trademark and other laws of the European Union, United States, and foreign countries protect the Service and the Myoton IP.
Myoton hereby grants you a non-exclusive, non-transferable, non-sublicenseable, limited, revocable license to access and use the Site as set forth in this Agreement and this is expressly conditioned upon you and each of your accounts remaining active, in good standing, and in full compliance with this Agreement.
You may not charge any third party for using the Site, and you may not modify, adapt, reverse engineer (except as otherwise permitted by applicable law notwithstanding such limitation), decompile or attempt to discover the source code of the Site, or create any derivative works of the Site, or otherwise use the Site except as expressly provided in this Agreement. You acknowledge that you do not acquire ownership of any copies of the content of the Site, or transfer of any copyright or other intellectual property rights in the content of the Site. Any use of the Site, other than as specifically authorized in this Agreement, without the prior written permission of Myoton, is strictly prohibited and will terminate all licenses granted herein.
You agree that you will not:
- (i) Post, display or transmit content that violates any law, or the rights of any third party including without limitation intellectual property rights;
- (ii) Impersonate any person or entity without their consent, or otherwise misrepresent your affiliation;
- (iii) Post, display or transmit content that is harmful, threatening or harassing, defamatory, libellous, false, inaccurate, misleading, or invades another person’s privacy;
- (iv) Post, display or transmit content that is obscene, hateful, or racially, ethnically or otherwise objectionable;
- (v) Post, display or transmit any content that is explicitly sexual, intensely violent or otherwise prohibited by applicable laws;
- (vi) Use the Site through an anonymization service that is hiding the true IP address of the User;
- (vii) Post or transmit viruses, Trojan horses, worms, spyware, time bombs, cancel bots, or other computer programming routines that may harm the Service or interests or rights of other Users, or that may harvest or collect any data or personal information about other Users without their consent;
- (viii) Post or transmit unsolicited or unauthorized advertising, or promotional materials, that are in the nature of “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation that Myoton considers to be of such nature;
- (ix) Engage in malicious or disruptive conduct that impedes or interferes with other Users’ normal use of the Service;
- (x) Attempt to gain unauthorized access to any other User’s Data;
- (xi) Use software that allows “data mining” or otherwise intercepts or collects information in connection with the online games.
Any violation by you of the above terms may result in immediate suspension or termination of your accounts without any refund or other compensation whatsoever.
Although Myoton makes every endeavour to keep the Site free from viruses, Myoton cannot make any guarantee that it is virus-free. The User shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation.
Open Source Software
Some software components of this product incorporate source code covered under the GNU General Public License (GPL), GNU Lesser General Public License (LGPL), OpenSSL License, BSD License and other open source licenses. You may obtain source code for these software components from us for three years after our shipment of this product.
Applicable Law and Venue
You agree that this Agreement and the relationship between you and Myoton shall be governed by the laws of Estonia without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods. The exclusive jurisdiction for any dispute resolution is the Harju County Court in Tallinn, Estonia.
You may not assign this Agreement or your account without the prior written consent of Myoton. You may not transfer or sublicense any licenses granted by Myoton in this Agreement without the prior written consent of Myoton. Myoton may assign this Agreement, in whole or in part, and all related rights, licenses, benefits and obligations, without restriction, including the right to sublicense any rights and licenses under this Agreement.
This Agreement, including the additional terms and policies referenced herein, set forth the entire understanding and agreement between you and Myoton with respect to the subject matter hereof and supersedes any prior or contemporaneous agreements or understandings. You acknowledge that no other written, oral or electronic communications will serve to modify or supplement this Agreement, and you agree not to make any claims inconsistent with this understanding or in reliance on communications not part of this Agreement.
If any provision of this Agreement shall be held by a court of competent jurisdiction to be unlawful, void, or unenforceable, then in such jurisdiction that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions.
All this data that is collected as part of the measurement process is protected as private and will not be divulged to anyone without User’s prior consent. Content on this website is not intended as a substitute for medical advice, or to be used as general medical device software.
Through our website, Myoton will not collect any personal data about you, unless you voluntarily choose to provide us with it (e.g. by registration, authorization, survey), provide your consent, or unless otherwise permitted by applicable laws and regulations.
When you access our Site, we may automatically collect non-personal data (e.g. type of Internet browser and operating system used, domain name of the Web site from which you may be directed to our Site, number of visits, average time spent on the Site, pages viewed). We use this data to monitor customer service parameters, the effectiveness of our Site, and to improve performance and content.
Identification of Individuals
Myoton does not collect personally identifying information about specific individuals. To associate measurement results with a subject being measured, the physician may elect to enter a unique practice-specific identification code with each test. Myoton does not collect or maintain any information that would associate this identification code with a specific subject or individual, unless specifically requested to do so by that individual.
For the purposes of continually improving product performance and advancing scientific knowledge in the field of muscular and other tissue diseases, Myoton may from time to time use the aggregated, anonymous information in the population databases of measurements. We will not disclose any personally identifying information from our databases to third parties nor will we disclose test results that can be attributed to a specific subject, customer or practice.
Privacy of Information
Myoton will only transmit muscle assessment study reports, test summaries or reference values regarding a specific individual or practice to the designated email address to which the physician’s device is registered. The managing physician of the practice must designate the email addresses in writing. Access to muscle assessment results and studies through the World Wide Web is protected by the password protected Site. Transactions are handled securely via state-of-the-art Secure Socket Layer (SSL) encryption, which protects confidential information from interception and hacking. Myoton will not release practice-specific or individual diagnostic results to a third party without written permission, except as required by law or legal process, or to comply with authorized government oversight.
Physical and Technical Safeguards
Myoton takes precautions to protect its information systems from damage or tampering. These safeguards include but are not limited physical security measures such as controlled access server cabinets, restricted access to certain offices or areas, and the use of passwords and encryption. Technical safeguards include the use of passwords, data access permission levels and encryption. Human resource security measures include security training and confidentiality agreements.
Questions and Comments