We appreciate your decision to use the Ucardia website located at www.ucardia.com (“Website”), along with our mobile and tablet applications ("Apps"), and/or the service provided by Ucardia (“Company" or “we” or “our” or “us”). This service offers online courses and a monthly membership tailored for individuals to participate in cardiac rehabilitation and wellness programs via the Website and Apps and any additional services the Company may offer from time to time (collectively referred to as the “Service”). Ucardia offers a personalized program of exercises and educational content, accessed by remote monitoring devices and the Ucardia app. You will be paired with an exercise physiologist who will be your guide through the journey to ensure you are successful in your health goals.
Not Medical Advice. NO PART OF THE SERVICE SHALL BE INTERPRETED AS MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. UCARDIA DOES NOT PROVIDE MEDICAL SERVICES OR RENDER MEDICAL ADVICE. NOTHING IN THE SERVICE IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. You should always discuss any questions or concerns that you might have about your health or medical condition with your doctor or other Healthcare Provider. This service does not provide real-time cardiac monitoring or life-saving monitoring like a pacemaker or other device. This device is designed to help with cardiac healing and overall exercise and health. The Service should not be used for medical emergencies. In case of a medical emergency, call 911 (or the appropriate emergency number in your area) immediately.
As part of the Service, we provide you with a Recovery Care Package (“Care Package”) to enable access to our Service. The Care Package includes a tablet with the application built in, a blood pressure cuff, an activity tracker, a scale, and a pulse oximeter. In the event of termination of the Service, we will provide a prepaid return shipping label to return the Care Package. We retain the right to impose charges for Care Packages that are not returned. A Care Package is considered unreturned if we do not receive it within 30 days following your last session with an Exercise Physiologist or in the event your use of the Service is terminated for any reason. The Care Package is currently valued at $400, but such value is subject to change at any time. If we do not receive communication from you within one week following the Care Package delivery deadline, as indicated by the carrier tracking ID number, we may charge you up to $400 or the then current value for the Care Package using your credit card on file. If you discontinue communication while retaining the Care Package according to the shipping tracking ID number, Ucardia reserves the right to charge you $75 per week for possessing the Care Package until it is returned or we have recouped the cost of the Care Package.
For assistance in returning your package, please contact email@example.com.
The Ucardia membership fee grants access to our technologically advanced member services, such as the Care Package and exclusive application, designed to enhance your Ucardia experience. The membership is $200/month and provides you access to up to twelve (12) sessions with an exercise physiologist (EP) and/or nutrition specialist (if available) (“Support Sessions”). There is a minimum membership commitment of three (3) months when you join. All Support Sessions must be scheduled in advance.
Early Termination Fee
If you decide to discontinue your chosen program before completing the 3-month initial term, be aware that Ucardia will charge you the monthly fees for these 3 months regardless of termination.
1. Age Restriction
2. Service Overview
Ucardia's Service enables users to access instructional videos and other media content providing guidance on cardiac health, nutrition, exercise, and overall wellness regarding heart health ("Program Content"). You will be required to pay fees for using the Service, as detailed in these terms of service. The Program Content is provided for informational purposes only and does not offer medical advice. Users should consult with their healthcare providers to determine if the Program Content is suitable for their needs and to receive guidance on specific medical conditions or concerns. Ucardia does not guarantee the accuracy, currency, or completeness of the information in the Program Content. THE PROGRAM CONTENT IS PROVIDED "AS IS." UCARDIA SPECIFICALLY DISCLAIMS ANY WARRANTIES THAT THE PROGRAM CONTENT (i) IS ACCURATE, RELIABLE, OR COMPLETE; (ii) WILL BE ERROR-FREE; OR (iii) WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
3. User Representations and Warranties
You agree not to engage in or attempt to engage in activities that violate any laws, third-party rights, or Ucardia's policies while using the Service. You will not attempt to use the Service if Ucardia has banned or suspended you, use another user's account or allow someone else to use your account. Any illegal activities associated with the Service may be reported to the proper authorities.
4. Ownership and Intellectual Property Rights
Ucardia retains all rights, titles, and interests, including intellectual property and proprietary rights, in the Service, its content (excluding your content), and any data generated or collected through its use (collectively, "Ucardia Materials"). You agree not to engage in unauthorized use, distribution, copying, modification, public performance or display, transmission, publishing, editing, adapting, or creating derivative works from Ucardia Materials. You also agree not to reverse engineer, decompile, or disassemble the underlying source code, algorithms, or programs of Ucardia Materials. Ucardia reserves the right to modify or discontinue the Service or any versions thereof at any time, without notice, at its sole discretion.
5. External Websites
The Service may contain links to third-party websites or online services. You acknowledge and agree that Ucardia is not responsible for and has no liability for the content, products, or services available on such sites or your use of or interaction with them.
6. Third-Party Services Integration
The Service may include features or functionalities that interoperate with online services operated by third parties ("Third-Party Services"), through agreements between Ucardia and such service operators ("Operators") or by using generally available application programming interfaces provided by the Operators ("Third-Party APIs"). Ucardia has no control over changes to Third-Party Agreements or APIs, and any such changes may result in modifications, suspensions, or terminations. Ucardia is not liable for any consequences arising from such changes. You are responsible for complying with all agreements, policies, terms, and rules applicable to Third-Party Services when using the Service in conjunction with them.
7. Payment and Fees
8. Restricted Activities
9. Supplementary Conditions
You can terminate your use of the Service at any time and for any reason by deleting your Ucardia Service account or contacting Ucardia. Ucardia reserves the right, in its sole discretion and with or without notice, to terminate your use of the Service or your account. Ucardia may also discontinue the Service or any part thereof at any time with or without notice. Ucardia is not liable to you or any third party for any termination of your use of the Service or discontinuation of the Service. Sections 3 (regarding User obligations), 4 through 6, 7 (regarding accrued payment obligations), and 8 through 15 will survive the termination of your use of the Service or discontinuation of the Service.
11. Disclaimer of Warranties
The Services, along with all materials and content available through them, are provided on an "as is" and "as available" basis without any warranty or condition, express or implied. To the extent permitted by law, Ucardia disclaims all warranties, express or implied, relating to the Services and all materials and content available through them, including any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement, as well as any warranty arising from the course of dealing, usage, or trade. Ucardia does not warrant that the Services or any part thereof, or any materials or content offered through the Services, will be uninterrupted, secure, or free from errors, viruses, or other harmful components and does not warrant that any such issues will be corrected. No advice or information, whether oral or written, obtained by you from the Services or any materials or content available through the Services will create any warranty regarding Ucardia or the Services not expressly stated in these Terms. You assume all risks for any damage that may result from your access to, use, or misuse of, or inability to use the Services, your dealings with any other Services user, and any materials or content available through the Services. You understand and agree that your use of the Services, and any associated access, downloads, or otherwise obtained materials or content through the Services and any associated sites or services, are at your own discretion and risk, and that you are solely responsible for any damage to your property (including your computer system, tablet, or mobile device used in connection with the Services) or the loss of data resulting from the use of the Services or the download or use of that material or content. Some jurisdictions may prohibit a disclaimer of warranties, and you may have other rights that vary from jurisdiction to jurisdiction. To the extent that Ucardia may not disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted by law.
13. Restrictions on Liability and Compensation
14. Arbitration Agreement
This Section 14 refers to the "Arbitration Agreement."
(b) Arbitration and Class Action Waiver.
PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.
This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.
(ii) Judicial Forum for Disputes. In the event that the agreement to arbitrate under Section 18.3(b) is found not to apply to you or your claim, you and Ucardia agree that any judicial proceeding (other than small claims actions) must be brought solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of, the federal or state courts covering Houston, TX. Both you and Ucardia irrevocably consent to venue and personal jurisdiction there. Notwithstanding the foregoing, Ucardia may bring a claim for equitable relief in any court with proper jurisdiction.
(iii) Survival. This arbitration agreement will survive the termination of your use of the Services or your relationship with Ucardia.
(d) Improperly Filed Claims. All claims you bring against Ucardia must be resolved in accordance with this Section 14. All claims filed or brought contrary to this Section 14 shall be considered improperly filed. Should you file a claim contrary to this Section 14, Ucardia may recover attorneys’ fees and costs up to $15,000, provided that Ucardia has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
15. Unlawful Use.
You represent, warrant, and agree that while this Agreement is in effect and while using the Service, you shall not and shall not attempt to: (i) breach any laws, third-party rights, or our additional policies; (ii) re-engage or try to use the Service if Ucardia has banned or suspended you; (iii) deceive Ucardia or another user; or (iv) utilize another User's account or permit another individual to use your User account. Any unlawful activities in connection with the Service may be reported to the appropriate authorities.
18. Relationship of the Parties.
22. Entire Agreement.
23. No Agency.
24. Geographic Restrictions.
Ucardia is based in the state of Texas in the United States. Ucardia makes no claims that accessing or using or that any of the Service or any of the content is accessible or appropriate outside of the United States. Accessing or using the Service or any of other Ucardia Services may not be legal by certain persons or in certain countries. If you access any of these Ucardia Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Ucardia with respect thereto.
25. Electronic Communications.
The communications between you and Ucardia use electronic means, whether you visit the Website or any Ucardia Services or send Ucardia e-mails, or whether Ucardia posts notices on the Website or the other Ucardia Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Ucardia in an electronic form; and (b) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Ucardia provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. The foregoing does not affect your statutory rights.
The Service and other Ucardia Services are offered by Ucardia, Inc., 3713 Meredith St, Unit A, Austin, TX 78703 and email: firstname.lastname@example.org.
If you are a California resident, you may have this same information emailed to you by sending a letter to Ucardia, Inc., 3713 Meredith St, Unit A, Austin, TX 78703 with your email address and a request for this information. California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.