Welcome to blox!
Thank you for visiting blox.ivWatch.com & shopping www.bloxdirect.com, owned and operated by ivWatch, LLC and its affiliates (including, but not limited to bloxdirect).
Please continue reading our policies below, or click the link to take you directly where you need to go:
What personal information do we collect from the people that visit our website?
When requesting to receive information or to be contacted by an ivWatch & bloxdirect employee, you may be asked to enter your name, email address, mailing address, phone number, or other details to allow us to connect with you.
When do we collect information?
We collect information from you when you subscribe to a newsletter, respond to a survey, fill out a form, or use/view our website via your web browser.
We have worked hard to comply with new GDPR regulations. That means spelling out clearly what data we collect when you use our site and how we use that data. We will gladly delete your data on our site upon request. Please contact email@example.com if you need assistance or have questions.
How do we use your information?
When you sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features, we may use the information we collect from you in the following ways:
- To improve our website in order to better serve you.
- To allow us to better service you in responding to your customer service requests.
- To administer a contest, promotion, survey or other site feature.
- To quickly process your requests.
- To follow up after correspondence (email or phone inquiries).
How do we protect your information?
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible. Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible. We regularly use Malware Scanning.
Your personal information is contained behind secured networks and is only accessible by a limited number of people who have special access rights to such systems and are required to keep the information confidential.
We will keep personal information for five (5) years. Once this time period has expired, we will delete such data from our systems.
We would like to send you information about products and services of ours that we think you might like. If you have agreed to receive marketing, you may always opt out at a later date.
You have the right at any time to stop us from contacting you for marketing purposes or sharing your data. If you no longer wish to be contacted for marketing purposes, please click here.
What are your data protection rights?
We would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:
The right to access – You have the right to request copies of your personal data from ivWatch & bloxdirect. We may charge you a small fee for this service.
The right to rectification – You have the right to request that we correct any information you believe is inaccurate. You also have the right to request that we complete the information you believe is incomplete.
The right to erasure – You have the right to request that we erase your personal data, under certain conditions.
The right to restrict processing – You have the right to request that we restrict the processing of your personal data, under certain conditions.
The right to object to processing – You have the right to object to our processing of your personal data, under certain conditions.
The right to data portability – You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.
If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.
We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide you with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those partners and parties agree to keep this information confidential. We may also release information when it’s release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. We may use Google AdSense Advertising on our website.
We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.
California Online Privacy Protection Act
See more at: https://consumercal.org/about-cfc/cfc-education-foundation/california-online-privacy-protection-act-caloppa-3/#sthash.0FdRbT51.dpuf
According to CalOPPA, we agree to the following:
- Users can visit our site anonymously.
You can change your personal information by emailing us at firstname.lastname@example.org.
How does our site handle “Do Not Track” signals?
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online. We do not specifically market to children under the age of 13 years old.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
- We will notify you via email as soon as possible (usually no more than 30 days)
- We will notify the users via in-site notification as soon as possible (usually no more than 30 days)
- We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
- Send information, respond to inquiries, and/or other requests or questions.
- Process orders and to send information and updates pertaining to orders.
- Send you additional information related to your product and/or service.
- Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.
To be in accordance with CAN-SPAM, we agree to the following:
- Not use false or misleading subjects or email addresses.
- Identify the message as an advertisement in some reasonable way.
- Include the physical address of our business or site headquarters.
- Monitor third-party email marketing services for compliance, if one is used.
- Honor opt-out/unsubscribe requests quickly.
- Allow users to unsubscribe by using the link at the bottom of each email.
If at any time you would like to unsubscribe from receiving future emails, you can update your email preferences at email@example.com.
TERMS OF SERVICE
All blox™ products and accessories (hereinafter “Equipment”) furnished by ivWatch, LLC (“ivWatch”) shall be in accordance with the following terms and conditions. All entities purchasing Equipment from ivWatch are referred to herein as “Customer.”
1) ACCEPTANCE AND COMPLETE AGREEMENT
- The Terms of Service contained herein constitute the entire agreement (“Agreement”) between ivWatch and Customer. Customer acknowledges that the terms and conditions of Customer’s Purchase Order are not part of this Agreement unless consistent with the terms contained herein. Acceptance of products from ivWatch by Customer shall be deemed to be an acceptance of these terms and conditions. Notwithstanding the foregoing, if at the time of Customer’s purchase of Equipment there is in effect a customer master agreement (such as a distributor or purchasing agreement) between ivWatch and Customer, any of these terms and conditions which are inconsistent with the provisions of such agreement shall be ineffective and the terms of the customer master agreement shall control.
- These terms bind customer and its successors and permitted assigns.
2) PACKAGING AND SHIPPING
- ivWatch shall be responsible for packaging and marking for delivery of the Equipment in accordance with good commercial practices and all applicable laws. An itemized packing list shall accompany each shipment.
- All Equipment furnished hereunder will be shipped FOB Origin. Title in, risk of loss, and the right of possession to the Equipment shall pass to the Customer upon ivWatch’s delivery to carrier at ivWatch’s shipping facility, and ivWatch is not responsible for damage or loss in transit, regardless of whether or not Customer may have the right to reject or revoke acceptance of the Equipment. All applicable shipping charges are the responsibility of the Customer and will be paid directly by the Customer or paid by ivWatch and invoiced to the Customer.
- Delivery dates are estimates only and are not guaranteed. ivWatch will use every commercially reasonable effort to make shipments as scheduled and reserves the right to make partial deliveries.
- The carrier shall not be construed to be an agent of ivWatch. ivWatch shall not be held responsible for delays by carrier to make deliveries for any cause.
- If the Equipment ordered is to be exported from the United States, the quoted shipping dates are subject to receipt of all export documents and authorizations. Customer agrees to provide ivWatch in writing with the ultimate destination and identity of the end-user at the time the order is placed if the Equipment is to be exported. Customer shall be responsible for all export requirements of the United States and all import requirements of any country into which Customer seeks to import the Equipment.
3) LIMITED USE
- ivWatch neither represents nor warrants that the Equipment may be used for any processes, procedures, experiments or any other use for which the Equipment is not intended or cleared by the Food and Drug Administration (FDA), and/or applicable regulatory agencies for where the ivWatch products are registered, or in any manner inconsistent with the instructions for use or labeling.
- The Equipment contains ivWatch proprietary technology, trade secrets and other proprietary information (collectively, “Intellectual Property”). ivWatch grants to Customer a non-exclusive, non-transferable, license to use the Equipment in conformance with the instructions for use and labeling and this Agreement. This Agreement does not constitute a sale of the trade secrets or any Intellectual Property.
5) No WARRANTY.
- NEITHER PARTY MAKES ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, BY FACT OR LAW, OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT. IVWATCH MAKES NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY FOR THE PRODUCTS.
6) LIMITATION OF LIABILITY.
- IVWATCH SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, ECONOMIC OR CONSEQUENTIAL DAMAGES OR LOSSES RESULTING FROM THIS AGREEMENT OR OUT OF THE USE OR INABILITY TO USE THE EQUIPMENT OR SUPPORT PROVIDED BY IVWATCH, INCLUDING BUT NOT LIMITED TO CLAIMS FOR LOST BUSINESS, LOST PROFITS, LOSS OF GOOD WILL, LOSS OF DATA, DATA RECOVERY COSTS, OR ANY OTHER TYPE OF INDIRECT DAMAGES, EVEN IF IVWATCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Customer shall indemnify and hold harmless ivWatch, its affiliates, directors, officers, employees and agents from and against any suits, claims, losses, demands, liabilities, damages, costs and expenses (including costs, reasonable attorney’s fees and reasonable investigative costs) in connection with any suit, demand or action by any third party to the extent such suit, demand, or action arises out of or results from its use or sale of the Equipment purchased by Customer from ivWatch, except to the extent that such suit, demand or action arises out of the failure of such Equipment to meet the warranty set forth above.
- ivWatch will defend, indemnify and hold Customer harmless against infringement or alleged infringement directly resulting from Equipment furnished under this Agreement, of any patent, copyright, trademark, trade secret or any other proprietary right of any third party. In the event of such claim, ivWatch may, at its sole discretion, (i) modify the particular Equipment to make it non-infringing, (ii) obtain a license to allow the continued use of the Equipment, or (iii) terminate this Agreement, and take possession of and refund all fees paid for the infringing Equipment, and pay fair market value, but no more than the price paid by Customer for the infringing Equipment, if any.
- ivWatch shall have no liability or responsibility of any kind to Customer under this Section 8 unless Customer (i) promptly notifies ivWatch of such claims; (ii) gives ivWatch an adequate opportunity to defend, including complete control of such defense; and (iii) provides reasonable assistance to ivWatch, at ivWatch’s expense and request, in connection with the defense and settlement of any such claim. ivWatch shall have no liability for settlements made without ivWatch’s express written consent. Should Customer desire to have its own counsel participate in any such action, the cost of such counsel shall be exclusively Customer’s. Notwithstanding the above, ivWatch shall not be liable for any infringement of intellectual property rights of third parties or for any liability, loss, damages, costs or expenses which Customer may incur as a result of any injury, illness or death resulting from (i) alterations or modifications to the Equipment made by Customer or others (or by ivWatch, in the case of an infringement claim) at Customer’s request, (ii) electrical/electronics, software/firmware, sensors, or product interface not furnished by ivWatch, (iii) combination of the Equipment with other apparatus or technology not furnished or, in the case of infringement claims, specified in writing by ivWatch, (iv) use of Equipment or components not supplied by ivWatch, (v) use of Equipment not permitted under this Agreement, (vi) Equipment improperly used (including use past the expiration date where applicable) or maintained, or used where defects arose from normal wear and tear; or (vii) for any claims not related directly to the Equipment.
8) RELATIONSHIP BETWEEN PARTIES
- Nothing in this Agreement shall be construed as creating any partnership, joint venture or agency between the parties.
- All notices shall be in writing and delivered either by hand, facsimile or certified mail to ivWatch or Customer. Notice shall be deemed to have been given upon receipt if delivered by hand or facsimile, or if given by certified mail, upon expiration of seven days after mailing.
10) APPLICABLE LAW
- This Agreement is subject to laws of the Commonwealth of Virginia. The Terms and Conditions of this Agreement and any dispute or claim arising out of or relating to these Terms and Conditions or the sale of Equipment (“Claim”) shall be governed by and construed under Commonwealth of Virginia law, notwithstanding its law of conflicts of law. If any Claim cannot be settled amicably between the parties, such Claim shall be tried by a court and not a jury. Customer expressly and unconditionally waives its rights to a jury trial in any such Claim.
11) SUBSTITUTE GOODS
- ivWatch reserves the right from time to time to substitute a product with a product that has the same function as such product, or to delete a product.
12) REIMBURSEMENT COVERAGE:
- Customer acknowledges and confirms that: (a) Customer has reviewed and understood all rules and guidelines for Medicare and other public and private insurance reimbursement coverage applicable to ivWatch technology; (b) all reimbursements for procedures done with ivWatch Equipment are subject to Customer’s compliance with requirements & policies set by Medicare and other public or private insurance carriers, and neither those requirements & policies nor Customer’s compliance with them are within ivWatch’s responsibility or control; (c) ivWatch and its representatives have made no representation, warranty or guarantee to Customer of payment or reimbursement by any public or private insurance carrier for any procedures done with ivWatch Equipment, and (d) ivWatch is not responsible or liable to Customer in any way for any costs, damages, amounts, etc. that may arise or be incurred if any insurance carrier denies reimbursement for any procedure the Customer does with ivWatch Equipment.
13) SALES FINAL
- All sales under this agreement are final. ivWatch will accept no equipment returns and will not be liable to customer or any third party for any consequences of any unauthorized return. ANY EXCEPTIONS TO THIS PARAGRAPH MUST BE APPROVED BY IVWATCH IN WRITING IN ADVANCE.
- Pricing is confidential and shall not be disclosed to any third party.
15) SAFE HARBOR
- The terms of this Agreement are permitted under the discount safe harbor of 42 C.F.R. § 1001.952(h) which is a statutory exception to the anti-kickback law specifically where the offer and acceptance are part of an arm’s length transaction and two conditions are met, namely that (i) the discount must be fixed and disclosed in writing to Customer at the time of the transaction and (ii) Customer must disclose the arrangement to the government if requested; and a discount arrangement where ivWatch gives away or reduces the price of one piece of Equipment in connection with the acquisition of another are explicitly permitted under 64 Fed. Reg. 63530.
16) ACKNOWLEDGEMENT AND ACCEPTANCE
- ivWatch reserves the right to revoke this offer at any time prior to its acceptance. This Agreement contains the entire understanding between ivWatch and Customer; supersede all prior understandings, written or oral, regarding the subject of this Agreement; and may only be amended, modified or superseded by a written agreement signed by ivWatch and by Customer. Only officers of ivWatch and Customer have the authority to sign such an amending document.
700 Tech Center Pkwy, Suite 300
Newport News, VA 23606
Last updated 03/12/2021