BioSensics AP004 Medical Alert and Activity Monitor User Manual pt1

BioSensics LLC Medical Alert and Activity Monitor pt1

Contents

User manual pt1.pdf

ActivePERSTM
Medical Alert and Activity Monitoring
Terms and Conditions
ActivePERS™ STANDARD TERMS AND CONDITIONS OF USE
PLEASE READ THIS TERMS AND CONDITIONS OF USE AGREEMENT
CAREFULLY BEFORE STARTING TO USE ActivePERS. It contains
important information about your rights and obligations, as well as
limitations and exclusions that may apply to you.
1. ACCEPTANCE OF THE TERMS AND CONDITIONS
By using ActivePERS, you accept, without limitation or qualification,
these terms and conditions of use. BioSensics may change the terms
and conditions at any time, with full discretion, and without notice. Your
continued use of ActivePERS shall be considered your acceptance of
the revised Agreement. The current version of ActivePERS Terms and
Conditions can be accessed at www.activepers.com/terms.
ACTIVEPERS IS NOT A SUBSTITUTE FOR 9-1-1 (USA) OR YOUR
LOCAL EMERGENCY TELEPHONE LINE SERVICE. IN THE EVENT OF
A CRITICAL EMERGENCY, ALWAYS CONTACT 9-1-1 (USA) OR YOUR
LOCAL EMERGENCY TELEPHONE NUMBER. The service will only work
if ActivePERS and your smart phone are charged and turned on, within
Bluetooth range of each other, and if your smart phone has network
access.
CAUTION: To reduce the risk of strangulation, ActivePERS™ neck cords
are designed to break apart under certain conditions. However, it is
impossible to eliminate this risk completely. Any cord worn around the
neck can pose a risk of serious injury and/or strangulation, including
the possibility of death. Such risks are enhanced for ActivePERS™ users
who also use wheelchairs, walkers, beds with guard rails, or who might
encounter other protruding objects upon which the cord can be tangled.
2. WARNING TO USERS WITH PACEMAKERS OR IMPLANTABLE
CARDIOVERTER-DEFIBRILLATORS (ICDS)
ActivePERS LANYARD CLASP CONTAINS A RARE EARTH (NDFEB)
MAGNET. NDFEB MAY INTERFERE WITH THE FUNCTION OF CARDIAC
PACEMAKERS AND IMPLANTABLE CARDIOVERTER-DEFIBRILLATOR
(ICDS). INDIVIDUALS WITH SUCH DEVICES SHOULD EXERCISE
CAUTION WHEN WEARING ACTIVEPERS AND KEEP THE LANYARD
CLASP BEHIND THE NECK AREA AT ALL TIMES.
3. ACTIVEPERS MOBILE APPLICATION
You must have the most current version of the Mobile Application to
ensure that it is working properly. It is your responsibility to periodically
check the Google Play Store and www.activepers.com to determine
if you have the most current version of the Application. In addition,
you are solely responsible for the accuracy of your contact’s phone
number in ActivePERS mobile application. You agree NOT to attempt to
add 9-1-1 or your local emergency telephone number as a Contact in
ActivePERS mobile application.
Any usage of ActivePERS mobile application will constitute acceptance
of this agreement. If you do not agree to abide by the above, please
do not use ActivePERS. The Mobile Application provided is subject
to all of the terms set forth in this Terms and Conditions agreement.
BioSensics does not warrant that: (i) the Application will be constantly
available; (ii) that the information in the Application is complete, true,
accurate, or (iii) that the Application is free of defects or errors.
4. LIMITATIONS OF LIABILITY AND INDEMNIFICATION
The use of ActivePERS is entirely at your own risk and in no event
shall BioSensics be liable (whether under the law of contracts, torts or
otherwise) for any direct, indirect, incidental, consequential, special,
exemplary, punitive or any other monetary or other damages, fees, fines,
penalties or liabilities (collectively ‘damages’) whatsoever arising out of
or relating to the usage of ActivePERS. Your sole and exclusive remedy
for dissatisfaction with the application is to stop using the product.
You agree to defend, indemnify and hold BioSensics, its affiliates, their
respective officers, directors, employees, representatives and agents
(collectively the “Company Parties”) harmless from and against any
claims, actions, demands, liabilities, judgments, and settlements,
including without limitation, reasonable legal fees resulting from or
alleged to result from your use of this application.
5. DISCLAIMER OF WARRANTIES
We make no representation or warranty, either expressly or tacitly, for
the completeness and correctness of ActivePERS and its associated
services. The use of ActivePERS and content is at your own risk. We
assume no liability for or relating to the delay, failure, interruption
or corruption of any voice, call quality, or data transmitted while
using ActivePERS. We make no warranties or representations as
to the accuracy, correctness, reliability or otherwise with respect to
ActivePERS, and we assume no liability or responsibility of any kind
for omissions or errors in ActivePERS service. To the fullest extent
permitted by law, we disclaim all warranties, express or implied,
statutory or otherwise. We and our affiliates make no representations
or warranties about the accuracy, reliability, completeness including
error or omissions, currentness or timeliness of content, software, text,
graphics, links, or communications provided on or through the use of
the service. ActivePERS and its associated services are provided on
an “as is” and “as available” basis without any warranties of any kind.
THE COMPANY PARTIES DISCLAIM ALL WARRANTIES, INCLUDING,
BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY,
NON-INFRINGEMENT OF THIRD- PARTIES RIGHTS, AND FITNESS FOR
PARTICULAR PURPOSE.
In no event shall any Company Party be liable for any damages whatsoever
resulting from the use or inability to use the device and the content, whether
based on warranty, contract, tort (including negligence), or any other legal
theory, even if a Company Party has been advised of the possibility of such
damages.
Some states do not allow exclusion of implied warranties or limitation
of liability for incidental or consequential damages, so the above
limitations or exclusions may not apply to you. In such states, the
liability of the company parties shall be limited to the greatest extent
permitted by law.
6. NOT MEDICAL ADVICE
ActivePERS and its mobile application, including any activities or
maneuvers performed using the product, the results and analyses
thereof, and materials appearing on the mobile device, are provided to
you for informational purposes only and DO NOT CONSTITUTE MEDICAL
ADVICE. Always consult with your physician or other qualified healthcare
provider before embarking on a new fitness or exercise program. If you
have any specific questions about these matters you should consult your
doctor or other healthcare provider. If you think you may be suffering
from any other medical condition you should seek immediate medical
attention. We do not guarantee the accuracy of activity data. Activity data
is not intended for diagnostic purposes and is only informational.
ACTIVEPERS IS NOT A SUBSTITUTE FOR 9-1-1 (USA) OR YOUR
LOCAL EMERGENCY TELEPHONE LINE SERVICE. IN THE EVENT OF
A CRITICAL EMERGENCY, ALWAYS CONTACT 9-1-1 (USA) OR YOUR
LOCAL EMERGENCY TELEPHONE NUMBER. You should never delay
seeking medical advice, disregard medical advice, or discontinue
medical treatment because of information presented through
ActivePERS and its mobile application. You are encouraged to consult
your physician or your local healthcare provider to obtain professional
medical advice, which may agree or disagree with the information and
materials contained on ActivePERS mobile application. This mobile
application has not been evaluated by the FDA. This product is not
intended to diagnose, treat, cure or prevent any disease.
7. YOUR PRIVACY
For a complete description of our Privacy Policies, please visit http://
www.activepers.com/policy/, or you can contact us to request a copy.
We may update our Privacy Statements at any time and without notice.
ActivePERS collects information about your location, activity, and usage
of the service on a periodic or regular basis. You agree that we can,
subject to applicable laws, use this information to manage your account,
conduct analysis and research, comply with legal requirements, prevent
fraud or misuse of our services, and protect our rights.
8. USE AND PROHIBITED USE RESTRICTIONS
You may use ActivePERS only for your own personal, non-commercial
use. You agree not to use ActivePERS for any fraudulent, unlawful,
or abusive purposes, or in any way that interferes with our provision
of services to other customers. You are strictly prohibited from, and
agree that you will not, adapt, edit, change, modify, transform, publish,
republish, distribute, or redistribute ActivePERS Mobile Application or
the material on ActivePERS Mobile Application without BioSensics prior
written consent. You agree not to use any automated data collection
methods, data mining, robots, scraping or any data gathering methods of
any kind on ActivePERS Mobile Application.
9. OWNERSHIP OF INTELLECTUAL PROPERTY AND LIMITED LICENSE
All intellectual property to this Application, including all Application
material, is protected by copyright, trademark, or patent laws, and
is owned exclusively by BioSensics. Intellectual property, includes,
but is not limited to, computer or software code, scripts, design
elements, graphics, interactive features, artwork, text communication,
and any other content that may be found on or in the Application. All
trademarks, service marks and trade names are owned, registered
and/or licensed by BioSensics. BioSensics does not grant the user any
other rights whatsoever in relation to this Application or the material
on this Application. All rights are expressly reserved by BioSensics.
10. ENFORCEMENT OF COPYRIGHT AND PROTECTION OF
INTELLECTUAL PROPERTY
If BioSensics discovers that you have used its copyrighted or other
protected materials in contravention of the terms of the license above,
BioSensics may bring legal proceedings against you, seeking monetary
damages and an injunction against you. You could also be ordered to
pay legal fees and costs. If you become aware of any use of BioSensics
copyright or protected materials that contravenes or may contravene
the terms of the license above, immediately report this by email to info@
biosensics.com or by first-class mail to BioSensics, LLC, 42 Pleasant
Street, Watertown, Massachusetts 02472.
11. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement shall be governed by and shall be construed in
accordance with the laws of the State of Massachusetts, excluding
its choice of law rules. All disputes relating to this Agreement shall
be settled in the courts located within the county of Middlesex, in
Massachusetts. The parties submit to personal jurisdiction within the
State of Massachusetts. If you and we have a disagreement related to
ActivePERS or the validity of these terms and conditions of use, we will
try to resolve it by talking with each other. If we cannot resolve it that way,
we both agree to use confidential binding arbitration, not lawsuits (except
for small claims court cases) to resolve the dispute. We agree that any
controversy or claim between us will be settled by one neutral arbitrator
before the American Arbitration Association (“AAA”). There is no judge or
jury in arbitration, arbitration procedures are simpler and more limited
than rules applicable in court, and review is limited. But you are entitled
to a fair hearing and the arbitrator’s decisions are as enforceable as any
court order. Arbitration shall be subject to the Federal Arbitration Act and
not any state arbitration law.
12. OUR RELATIONSHIP WITH YOU
This agreement does not create any fiduciary relationships between you
and us. It also doesn’t create any relationship of principal and agent,
partnership, or employer and employee, either.
13. WE CAN ASSIGN THIS AGREEMENT
We can assign this agreement or your obligations to pay under it in whole
or in part to anyone we choose. You cannot assign this agreement or your
obligations to anyone else without our prior written consent.
14. THIS IS THE ENTIRE AGREEMENT
This agreement is the entire agreement between you and us. It
supersedes all other agreements or representations, oral or written,
between us, past or present, and may not be amended except in
a writing signed by BioSensics. If any part of this agreement is
considered invalid, the rest of it will remain enforceable. No waiver
of any part of this agreement, or any breach of it, in any one instance
will require us to waive any other instance or breach. In some
circumstances, we might decide to provide you service voluntarily even
if you would not otherwise qualify. This will not be a waiver or require
us to do so again.
15. SEVERABILITY CLAUSE
If any provision of this Agreement is, or is found to be, unenforceable
under applicable law, that will not affect the enforceability of the other
provisions of this Agreement.
16. HEALTH AND SAFETY INFORMATION
A. Regulatory agency identifications
For regulatory identification purposes, your product is assigned a
model number of AP004, an FCC ID of 2AA5HAP004, and an IC ID of
22184-AP004
B. Federal Communication Commission Interference Statement
1. This device complies with Part 15 of the FCC Rules. Operation is
subject to the following two conditions: (1) this device may not cause
harmful interference, and (2) this device must accept any interference
received, including interference that may cause undesired operation.
2. This equipment has been tested and found to comply with the limits
for a Class B digital device, pursuant to Part 15 of the FCC Rules.
These limits are designed to provide reasonable protection against
harmful interference in a residential installation. This equipment
generates, uses and can radiate radio frequency energy and, if not
installed and used in accordance with the instructions, may cause
harmful interference to radio communications. However, there is no
guarantee that interference will not occur in a particular installation. If
this equipment does cause harmful interference to radio or television
reception, which can be determined by turning the equipment off and
on, the user is encouraged to try to correct the interference by one of
the following measure:
Reorient or relocate the receiving antenna.
Increase the separation between the equipment and receiver.
Connect the equipment into an outlet on a circuit different from that
to which the receiver is connected.
Consult the dealer or an experienced radio/TV technician for help.
17. FCC INFORMATION
This device complies with Industry Canada license-exempt RSS
standard(s). Operation is subject to the following two conditions: (1)
this device may not cause interference, and (2) this device must accept
any interference, including interference that may cause undesired
operation of the device.
Le présent appareil est conforme aux CNR d’Industrie Canada
applicables aux appareils radio exempts de licence. L’exploitation est
autorisée aux deux conditions suivantes : (1) l’appareil ne doit pas
produire de brouillage, et (2) l’appareil doit accepter tout brouillage
radioélectrique subi, même si le brouillage est susceptible d’en
compromettre le fonctionnement.
18. FCC and IC Radiation Exposure Statement
This portable equipment with its antenna complies with FCC’s and IC’s
RF radiation exposure limits set forth for an uncontrolled environment.
To maintain compliance follow the instructions below:
1. This transmitter must not be co-located or operating in conjunction
with any other antenna or transmitter.
2. Avoid direct contact to the antenna, or keep contact to a minimum
while using this equipment.
Changes or modifications not expressly approved by BioSensics LLC
could void the user’s authority to operate the equipment.
Copyright © 2016 BioSensics LLC. ActivePERS™ is a trademark of
BioSensics. All rights reserved.
Designed in Massachusetts by BioSensics. Assembled in the USA. US
Patents #8,206,325, #9,005,141, and other patents pending.

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