Terms of Use

Purpose

Boston Scientific Cardiac Diagnostics, Inc. (“BSC CDx,” “us,” “we,” “our”) provides this website www.CDx.BostonScientific.com (the “Website”) to visitors, patients and customers such as yourself ( “you,” “your”) to learn about BSC CDx and to communicate with us, including downloading the product manual, video and product hook-up guide; paying online; requesting support; sending feedback; and submitting a personal account of your experience (your “Story”). Access to, and use of, the Website are subject to the following Terms of Use. These Terms of Use were last updated July 2023.

Agreement

When you use the Website, you accept and agree to be bound by all of the following Terms of Use, including the “DO’S and DON’T’S” below, and our applicable Privacy Policy and Notices (“Privacy Policy”) which can be found at BodyGuardian Remote Cardiac Monitors – BSC CDx and cover how we collect, use, share, and store your personal information. THESE TERMS OF USE AND PRIVACY POLICY CONSTITUTE A LEGALLY BINDING AGREEMENT (THE “AGREEMENT”) GOVERNING YOUR USE OF THE WEBSITE. YOUR CONSENT TO THIS AGREEMENT IS GRANTED WHEN YOU USE THE WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, DO NOT ACCESS OR OTHERWISE USE THE WEBSITE

We may amend the Terms of Use and Privacy Policy from time to time. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. It is your responsibility to regularly review and determine whether you are in agreement with the updates. This and effective successor Agreements are and will be made available for your review on the Website.

All health and health-related information contained within this Website is intended to be general in nature. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. Nothing on this Website should be used as a substitute for a visit with a healthcare professional. The information provided in or via this Website is not intended, in any way, as a substitute for professional medical advice and should not be construed as making a recommendation related to any action or decision related to any questions about your health or the health of others. Your healthcare provider should be consulted regarding matters concerning the medical condition, treatment and needs of you and your family. Any health-related information provided by or through a third party is subject to the “Other Content, Sites and Apps” terms set forth below.

We may also include certain information, reference guides and materials intended for use by licensed medical professionals. These tools are not intended to give professional medical advice. Physicians and other health care providers should always exercise their own clinical judgment for any given situation. 

Your Access Requirements

In order to access certain areas or functions of the Website, you will need to provide certain contact information (“Your Content"). Your access is specific to you and you are responsible for anything that happens through your access unless you report misuse. You promise and guaranty that you will only provide and post information and content that (A) you have the right to share; (B) does not violate the law or anyone’s rights (e.g., without violating any intellectual property rights, privacy rights, or breaching a contract); and (C) is truthful. We are not obligated to publish any information or content on the Website and can remove it in our sole discretion, with or without notice. In order to have continued access the Website you must follow the law and the “DOS AND DON’TS” below. The information you provide is subject to our applicable Privacy Policy.

Furthermore, you acknowledge and accept that email may not be a private communication between you and BSC CDx – anyone with access to your email account such as an employer or family member may be able to access these email communications.Furthermore, you acknowledge and accept that email may not be a private communication between you and BSC CDx – anyone with access to your email account such as an employer or family member may be able to access these email communications.

Your License to Us

You own certain content, feedback and contact information that you provide to us on the Website (“Your Content”). Please be advised, however, that BSC CDx, its affiliates, its subsidiaries, and/or BSC CDx's third party licensors do not accept or consider unsolicited ideas, including ideas for new products or technologies, processes, materials, marketing plans, or new product names. Please do not send your unsolicited ideas or any original materials to BSC, its affiliates, its subsidiaries, and/or BSC's third party licensors. If, despite this request, you still submit your ideas and materials, please understand that by submitting the information through this Site,you agree that such ideas and materials are not Your Content, and you assign BSC CDx, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the information or materials you submit. We will be entitled to use any information and materials you submit through this Site for any purpose whatsoever without restriction and without compensating you in any way, and by submitting any such information and materials, you represent to BSC CDx that you have the right to do so.

By entering Your Content, you grant BSC CDx a non-exclusive, worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process Your Content, without any further consent, notice and/or compensation to you or others. For example, you acknowledge and agree that (A) we may publish survey results and your Story on and outside of the Website; (B) other users of the Website with similar access as you may access and share Your Content; (C) we may edit and make formatting changes to Your Content (such as modifying the size, layout or file type or removing metadata), as long as we do not modify the meaning; (D) we may access, store and use any information that you provide in accordance with the terms of our Privacy Policy; and (EC) we can (but do not have to) use and share your feedback and suggestions for any purpose without compensation to you. In addition, we have the right to compile, analyze, share and otherwise use your information, including Your Content at our discretion, including for the purposes of improving the Website and our services. These are some, but not all, of the ways in which we may copy, modify, distribute, publish, and process Your Content. You can end this license by notifying us in writing. Upon receipt of the notice, the license will terminate except (A) to the extent other users of the Website copied or stored Your Content; (B) for the reasonable time it takes to remove Your Content from backup and other systems; and (C) to the extent that Your Content may be retained for legal compliance or audit purposes.

“DOs” for use of the Website. You agree that you will:

  • Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements; 

  • Provide accurate information to us and keep it updated;

  • Use the Website in a professional manner.

“DON'TS” for use of the Website. You agree that you will not:

  • Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content; 

  • Promote any illegal activity, or advocate, promote, or assist any unlawful act;

  • Attempt in any way to gain unauthorized access to any area of the site by password mining, hacking, password stealing, or any other means;

  • Create a false identity on the Website;

  • Misrepresent your identity, including but not limited to the use of a pseudonym; 

  • Impersonate any person, or misrepresent your affiliation with any person or organization;

  • Harass, abuse or harm another person;

  • Send spam or other unwelcomed communications to others;

  • Act in an unlawful, libelous, abusive, obscene, discriminatory, violent, hateful or otherwise objectionable manner; 

  • Disclose information that you do not have the right to disclose (such as confidential information of others);

  • Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;

  • Violate the legal rights (including the rights of publicity and privacy) of others; or post, use or promote any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policies or Notices available at www.CDx.BostonScientific.com

  • Violate the intellectual property or other rights of BSC CDx, including, without limitation, use of our name or our logos in any manner without our consent; 

  • Post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation unauthorized by BSC CDx;

  • Post anything that contains software viruses, worms, Trojan Horses, or any other harmful code;

  • Post content that promotes sexually explicit or pornographic material, escort services or prostitution;

  • Create or operate a pyramid scheme, fraud or other similar practice; 

  • Copy or use the information, content or data of others available on the Website (except as expressly authorized);

  • Copy or use the information, content or data on the Website in connection with a competitive service (as determined by BSC CDx);

  • Copy, modify or create derivative works of BSC CDx, the Website or any related technology (except as expressly authorized by BSC CDx);

  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Website or any related technology, or any part thereof; 

  • Rent, lease, loan, trade, sell/re-sell access to the Website or related any information or data;

  • Sell, sponsor, or otherwise monetize any feature of the Website, without BSC CDx’s consent;

  • Remove, cover or obscure any advertisement included on the Website;

  • Remove any copyright, trademark or other proprietary rights notices contained in or on the Website; 

  • Collect, use, copy, or transfer any information obtained from BSC CDx without the consent of BSC CDx;

  • Share or disclose information of others without their express consent;

  • Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Website or any related data or information;

  • Use bots or other automated methods to access the Website or to add or download content; 

  • Monitor the Website’s availability, performance or functionality for any competitive, malicious or other inappropriate or unlawful purpose;

  • Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Website;

  • Access the Website except through the interfaces expressly provided by BSC CDx;

  • Override any security feature of the Website; or Interfere with the operation of, or place an unreasonable load on, the Website (e.g., spam, denial of service attack, viruses, gaming algorithms). 

Our Rights. BSC CDx reserves the right to:

  • Limit, restrict, suspend, or terminate your access to the Website if we believe you may be in breach of this Agreement or breach of law or are misusing the Website (e.g. violating any DOs and DON’Ts), or for no reason in our sole discretion;

  • Take any action with respect to any Your Content that we deem necessary or appropriate in our sole discretion, including if we believe that Your Content violates these Terms of Use, including the DOs AND DON’Ts, infringes any intellectual property right or other right of any person or entity,  threatens the personal safety of users of the Website or the public, or could create liability for BSC CDx;

  • Disclose your identity or other information about you in accordance with applicable law to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy 

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website;

  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use;

  • Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS BSC CDx AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY ANY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES;

  • However, we do not undertake to review all material before it is posted on the Website, and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 

We also reserve all of our intellectual property rights in the Website, and its entire contents, for example, our logos, trademarks, service marks and graphics, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof). Your access to the Website does not give you any right, title or interest in the Website other than as explicitly stated in this Agreement. You may not, with respect to the source code, design or any other intellectual property related to the Website, use, copy; download; modify or create derivative works based upon; decompile, disassemble, or reverse engineer; defeat, disable, or circumvent any protection mechanism; make accessible to the public or third parties, whether over networks, electronic bulletin boards, websites, or otherwise; sell, license, sublicense, lease, rent, distribute, disclose, or transfer to any third party, whether for profit or without charge; or distribute on any media.

All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Website Functionality, Availability and Storage. We may change, suspend, or discontinue any of functions or capabilities of the Website in our discretion. To the extent allowed under law, these changes may be effective upon notice provided on the Website. In addition, we cannot promise that the Website will be available whenever and wherever you try to access it. You acknowledge and agree that at times you will not be able to access parts or all of the Website and that if the Website becomes unavailable during your use, Your Content or other data entered by you may be lost. You agree that we have no obligation to store, maintain, keep showing or provide you a copy of any content or information that you post, except to the extent required by applicable law.

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. 

By using this Website you also acknowledge and accept the risk that the Website and Your Content may be compromised through a hack or other malicious attack even if appropriate cybersecurity efforts have been taken. We will have no liability for any losses or damages suffered by any user resulting from unauthorized hacking or the introduction of harmful content by third parties.

Other Content, Sites and Apps. By using the Website, you may encounter content or information supplied by other users of the Website and by non-user third-parties who may offer their own products and services via the Website. You acknowledge and agree that such “Third-Party Content” might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. You are responsible for deciding if you want to access or use Third-Party Content, including third-party apps or sites that link from the Website. Third-party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, BSC CDx is not responsible for these other sites and apps. When you see or use Third-Party Content, it is at your own risk. You agree that we are not responsible for Third-party Content or for any damages as a result of your use of or reliance on it.

The Site may provide links to web sites operated by BSC CDx worldwide as well as web sites operated by third parties. Please refer to the separate terms of use, privacy policies, and other rules posted on these linked sites before you use them. Third party links are provided merely as a convenience to you, and the inclusion of any link does not imply affiliation or endorsement by BSC CDx. BSC CDx does not review, monitor or check the accuracy of content published on third party sites, and is not responsible for the availability of, and content provided on, third party sites. If you choose to purchase any products and/or services from a third party, your relationship is directly with the third party, and BSC CDx is not responsible in any way for any loss and/or damage of any sort you may incur from dealing with any third party. Third party web sites may contain information about uses of products that have not been approved or cleared by the U.S. Food and Drug Administration or other regulatory agencies. BSC CDx does not endorse the off-label use of any of our products.

In general, in the absence of any other agreement with BSC CDx, you may link or hyper-link to the home page of the Site from your web site, subject to the following: 

(a) you notify us by email at webmaster@bostonscientific.com specifying the URL of each page from which you will be linking to our home page;

(b) you do not frame the Site or any portion of the Site;

(c) you do not deep link into the Site (i.e., you do not link into any page other than the home page);

(d) the link or hyper-link to the Site is not used in a way that suggests that BSC CDx endorses you or your web site; 

(e) the link is identified using a plain text rendering of the BSC CDx name and not any trademark or BSC CDx logo;

(f) the link or hyper-link to the Site is not used or presented in any way that disparages BSC CDx or its affiliates or tarnishes, blurs, or dilutes the quality of the names or trademarks or any associated goodwill of BSC CDx or its affiliates; and

(g) you agree that we may terminate your right to link or hyperlink to the Site at any time for any reason or no reason.

Disclaimer and Limit of Liability

TO THE EXTENT ALLOWED UNDER LAW, BSC CDx (AND THOSE THAT BSC CDx WORKS WITH TO PROVIDE THE WEBSITE) (A) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED  WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, SECURITY, AND NON-INFRINGEMENT, WARRNTIES ARISING BY USAGE OF TRADE, COURSE, OF DEALING, OR COURSE OF PERFORMANCE); (B) DISCLAIM ANY WARRANTY OR REPRESENTATION THAT THE WEBSITE CAN BE USED AS A SUBSTITUTE FOR A VISIT WITH A HEALTHCARE PROFESSIONAL; (C) DO NOT GUARANTEE THAT THE WEBSITE WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS; (D) MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE  WILL BE ACCURATE OR RELIABLE AND (D) PROVIDE THE WEBSITE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.

ANY CONTENT, MATERIALS, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK.TO THE EXTENT PERMITTED UNDER LAW, BSC CDx (AND THOSE THAT BSC CDx WORKS WITH TO PROVIDE THE WEBSITE) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SYSTEM (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).

IN NO EVENT SHALL THE LIABILITY OF BSC CDx (AND THOSE THAT BSC CDx WORKS WITH TO PROVIDE THE SYSTEM) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, US $50. THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND BSC CDx AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF BSC CDx HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BSC OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. 

YOUR USAGE OF THIS WEBSITE MEANS THAT YOU AGREE WITH THESE TERMS AND CONDITIONS OF USAGE. IF YOU DO NOT AGREE, THEN DO NOT USE THIS WEBSITE.

Termination. All terms and provisions of these Terms which by their nature are intended to survive any termination or expiration of this Agreement, shall so survive. 

Dispute Resolution

You agree that the laws of the State of Texas, excluding its conflict of laws rules, shall exclusively govern any legal dispute relating to this Agreement and/or the Website (“Dispute”). We agree to attempt to resolve any Dispute against each other, including our agents, employees, successors, assigns, or affiliates through face to face negotiations in Houston, Harris County, Texas. We will conduct the face to face negotiations within 60 days following written notice that a Dispute exists. If such negotiations fail to resolve the Dispute, then we will attempt to resolve the Dispute through mediation in Houston, Harris County, Texas utilizing a mutually agreeable mediator, rather than through litigation. The mediation will take place within 120 days of the face to face meeting. The existence or results of any negotiation or mediation will be treated as confidential. If, however, we are unable to resolve the Dispute following such face to face negotiations and such mediation, then either of us shall be free to pursue all remedies available at law or equity in a court of competent jurisdiction in Houston, Harris County, Texas. We both agree that Houston, Harris County, Texas is the exclusive venue for the resolution of any and all Disputes under this Agreement and submit to the personal jurisdiction of the federal or state courts of Houston, Harris County, Texas. Notwithstanding anything herein to the contrary, YOU AGREE THAT ANY CLAIM YOU BRING AGAINST BSC CDx WILL ONLY BE IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless we both agree otherwise, you agree not to seek certification of any group of claims as a class action or otherwise consolidate more than one person’s claims in any form of a representative or class proceeding.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. INDEMNIFICATIONANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. INDEMNIFICATION

Indemnification

You agree to defend, indemnify, and hold BSC CDx, its officers, directors, employees, agents, licensees, affiliates, subsidiaries, predecessors, successors in interest, and suppliers, harmless from and against any loss or damage incurred by BSC CDx arising from Your Content and from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and attorney’s fees, or alleged to result from, your violation of the terms and conditions of this Agreement.

Copyright Notice

All trademarks, service marks and logos displayed on this website are registered and unregistered trademarks of BSC CDx, its affiliates and/or subsidiaries, or third parties who have licensed their trademarks to BSC CDx, its affiliates and/or subsidiaries. In addition, all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained on this website and/or in commercially produced information presented to you through the website by BSC CDx, its affiliates, its subsidiaries and/or BSC CDx's third party licensors (Content) is protected by copyright, patents or other proprietary agreements and laws, and you are only permitted to use Content as expressly authorized by BSC CDx, its affiliates or its licensors . Nothing contained herein transfers any right, title, or interest in the website or the Content to you.

You may download, view, copy and print Content, subject to the following:

(a) the Content may be used solely for personal, informational, or internal business purposes; 
(b) any and all copyright, trademark and other proprietary rights notices must appear on all copies, including the copyright notice at the bottom of the page; 
(c) the Content may not be modified or altered in any way; and 
(d) no graphics may be used separate from accompanying text.

Except as provided above, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, frame, mirror on another web service, use any meta tags, inline any graphics or distribute any Content or information from the Site in whole or in part without the express permission of BSC CDx. Requests for such permission should be made to webmaster@bostonscientific.com. Any rights not expressly granted herein are reserved. Please be advised that BSC CDx enforces its intellectual property rights to the fullest extent of the law.

Certain product, service, or company designations for companies other than BSC CDx may be mentioned in the Site for identification purposes only. Such designations are often claimed as trademarks or service marks. In all instances where BSC CDx is aware of a claim, the designation appears in initial capital or all capital letters. However, you should contact the appropriate companies for more complete information regarding such designations and their registration status.You may download, view, copy and print Content, subject to the following:

(a) the Content may be used solely for personal, informational, or internal business purposes; 
(b) any and all copyright, trademark and other proprietary rights notices must appear on all copies, including the copyright notice at the bottom of the page; 
(c) the Content may not be modified or altered in any way; and 
(d) no graphics may be used separate from accompanying text.

Except as provided above, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, frame, mirror on another web service, use any meta tags, inline any graphics or distribute any Content or information from the Site in whole or in part without the express permission of BSC CDx. Requests for such permission should be made to webmaster@bostonscientific.com. Any rights not expressly granted herein are reserved. Please be advised that BSC CDx enforces its intellectual property rights to the fullest extent of the law.

Certain product, service, or company designations for companies other than BSC CDx may be mentioned in the Site for identification purposes only. Such designations are often claimed as trademarks or service marks. In all instances where BSC CDx is aware of a claim, the designation appears in initial capital or all capital letters. However, you should contact the appropriate companies for more complete information regarding such designations and their registration status.

General Terms

By accessing this Site or registering with BSC, you agree to all the terms and conditions of these Terms. You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.

If a court with authority over this Agreement finds any part of it not enforceable, we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, we agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement. You agree to allow a court or arbitrator to replace such an invalid, unenforceable, or void provision with a valid provision which is as similar as possible in substance to the invalid, unenforceable, or void provision. 

This Agreement is the only agreement between us regarding the Website and supersedes all prior agreements for the Website. If we don’t act to enforce a breach of this Agreement, that does not mean that BSC CDx has waived its right to enforce this Agreement.

You may not assign or transfer this Agreement (or your use of the Website) to anyone without our consent. However, you agree that BSC CDx may assign this Agreement to its affiliates or a party that buys BSC CDx without your consent. 

There are no third-party beneficiaries to this Agreement.

You agree that the only way to provide us legal notice is at the following addresses:

ONLINE at:
support@CDxBsci.com

OR BY MAIL at:
Boston Scientific Cardiac Diagnostics, Inc.
1717 N. Sam Houston Parkway West, Suite 100
Houston, TX 77038
ATTN: Legal & Compliance Department
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