This application/website hosts an informative platform and web-based forum for engaging users in an interactive environment to address health related issues. The following governs your access and use of HEART MD INSTITUTE, including all accounts, posted multimedia, articles, information, comments, and other related information and/or any other content (collectively, “Content”) available on or through HEART MD INSTITUTE, as engaged by you or other users. For convenience, HEART MD INSTITUTE and its related business, websites (e.g., www.heartmdinstitute.com), its executives, directors and employees, are referred to hereinafter collectively as “HMDI.”
BY ELECTRONICALLY ACCESSING HMDI, CREATING A PERSONAL USER ACCOUNT ON HMDI, AND/OR ENGAGING IN ANY OF THE INTERACTIVE SERVICES PROVIDED BY OR THROUGH HMDI, YOU AGREE:
IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN, INCLUDING WITHOUT LIMITATION THE PRECEDING ACKNOWLEDGEMENT, THEN DO NOT ACCESS, BROWSE OR USE HMDI OR ANY OF THE CONTENT. MOREOVER, HMDI DOES NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, BROWSE OR USE HMDI OR THE CONTENT WITHOUT YOUR WILLINGNESS AND ABILITY TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN, INCLUDING WITHOUT LIMITATION THE PRECEDING AGREEMENT AND ACKNOWLEDGEMENT.
HMDI may contain links to third party websites that are not owned or controlled by HMDI. HMDI has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, HMDI will not and cannot censor or edit the content of any third-party site. By using HMDI, you expressly relieve HMDI from any and all liability arising from your use of any third-party website.
GENERAL PERMISSIONS AND RESTRICTIONS
HMDI hereby grants you permission to access and use HMDI as set forth herein, provided that:
A. You agree not to alter or modify any part of HMDI, except as provided for herein.
B. You agree not to access HMDI Content through any technology or means other than the authorized webpages and/or applications designated by HMDI, or other explicitly authorized means HMDI may designate in writing.
C. You agree not to use HMDI for any commercial use without the prior written authorization of HMDI. Prohibited commercial uses include any of the following actions taken without HMDI’s express approval:
- sale of access to HMDI or its related services on another website;
- use of HMDI or its related services for the primary purpose of gaining advertising or subscription revenue;
- the sale of advertising, on the HMDI website or any third-party website, targeted to the content of specific HMDI Content; and
- any use of HMDI or its related services that HMDI finds, in its sole discretion, to use HMDI Content with the effect of competing with or displacing the market for HMDI or HMDI Content.
D. Prohibited commercial uses do not include any use that HMDI expressly authorizes in writing.
E. Where expressly allowed by HMDI, if you use any HMDI Content on another website, you must include a prominent text link back to HMDI on the pages where the HMDI Content is utilized. In such an instance you may not modify, build upon, or block any portion of the utilized HMDI Content.
F. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses HMDI in any manner. Notwithstanding the foregoing, HMDI grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. HMDI reserves the right to revoke these exceptions either generally or in specific cases.
G. You agree not to collect or harvest any personally identifiable information, including account names, from HMDI, nor to use the communication systems provided by HMDI (e.g., comments, messaging, etc.) for any commercial solicitation purposes.
H. You will otherwise comply with the terms and conditions contained herein, and all applicable local, national, and international laws and regulations.
I. HMDI reserves the right to discontinue any aspect of HMDI at any time.
You agree by accessing, browsing or otherwise using HMDI, HMDI and the Content are, remain and/or will become the sole property of HMDI or third-party providers, as applicable. Except as expressly permitted by HMDI in writing, you agree that your license to access, browse and/or use this content is limited solely to a personal, revocable, nonexclusive, non-transferable license to (i) access and view HMDI and the Content, and (ii) upload and store any Content for your non-commercial use and not for resale or distribution to anyone else. You also agree that, with respect to any copy of the Content that you are permitted upload, download, store and/or record/print, you will reproduce and include all copyright and other proprietary notices included in such Content.
Unless otherwise provided in writing by HMDI, no license provided herein authorizes you to copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, decompile or disassemble any aspect of HMDI or any of the Content, in whole or in part, in any form or by any means, whether manual or automatic.
ADDITIONAL USER RESTRICTIONS
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on HMDI.
A. The Content on HMDI, including without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, and the trademarks, service marks and logos contained therein, are owned by or licensed to HMDI or on of its business partners, subject to copyright and other intellectual property rights under the law. Content on HMDI is provided to you “AS IS” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever, unless provided for herein. HMDI reserves all rights not expressly granted in and to HMDI and the Content.
B. To the extent user comments are permitted, such comments are made available to you for your information and personal use solely as intended through the normal functionality of HMDI. User comments are made available “AS IS” and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of HMDI or otherwise as prohibited herein.
C. You may access HMDI Content and other content only as permitted herein. HMDI reserves all rights not expressly granted in and to the HMDI Content and the HMDI website and application.
D. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of materials of third parties obtained through HMDI for any commercial purposes.
E. You agree not to circumvent, disable or otherwise interfere with security-related features of HMDI or features that prevent or restrict use or copying of any Content or enforce limitations on use of HMDI or the Content therein.
F. You understand that when using HMDI, you may be exposed to content from a variety of sources, and that HMDI is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such third party content. You further understand and acknowledge that you may be exposed to third party content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against HMDI with respect thereto, and agree to indemnify and hold HMDI, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters arising from your use of the site.
HMDI USER ACCOUNTS
In order to access some features of HMDI, you may have to create a HMDI user account either directly or through one of HMDI’s strategic business partners, which may also work with HMDI. You agree never to use another’s account without permission. When creating your user account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify HMDI immediately of any breach of security or unauthorized use of your account.
Although HMDI is not liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of HMDI or others due to such unauthorized use.
USER IDS AND PASSWORDS
Access to certain areas of HMDI or the Content are limited by a user identifier (“User ID”) and password, which is selected and/or supplied as part of the registering for a personal account with HMDI. By registering, you represent, warrant and covenant that: (i) You are of lawful age in your jurisdiction to access the HMDI Content; (ii) You are using your actual identity; (iii) You have provided only true, accurate, current and complete information about yourself during the registration process; and (iv) You will maintain and promptly update the information that you provide to keep it true, accurate, current and complete.
By logging onto HMDI using any password, you represent, warrant and covenant that you are authorized to use such password and to engage in the activities that you conduct thereunder. You agree that you will be solely responsible for the maintenance and security of your User ID and password. You also agree that you will be solely responsible for any activities conducted on or through HMDI. Your User ID and password are unique to you, and you agree not to disclose or share your User ID and password with any third party.
In addition, you agree that you are entirely responsible for any and all activities which occur under your account whether or not you are the individual who undertakes such activities. This includes any unauthorized access and/or use of your account should you fail to sufficiently disconnect and/or log off HMDI and/or a public computer system. Accordingly, you absolve and release HMDI from any claim of harm resulting from a third party undertaking the activities.
HMDI reserves the right to deny or revoke access to HMDI, or any part thereof, at any time in our sole discretion, with or without cause. If you wish to cancel a password, or if you become aware of any loss, theft or unauthorized use of a password, please notify HMDI immediately.
HMDI may monitor or review any areas on HMDI where users upload Content, transmit or post Content or communicate with each other, or the like. However, HMDI does not undertake to monitor or review every posting or communication, and HMDI disclaims any liability related to the content of any such postings and communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.
While HMDI may monitor the content of the communications from time to time, HMDI does not endorse, support, sanction, encourage, verify, or necessarily agree with the comments, opinions, or statements posted. Any information or material placed online are solely the views and responsibility of those posting such statements, and do not necessarily represent the views of HMDI. HMDI, in its sole discretion, reserves all rights to discontinue this service generally or to any user at any time.
HMDI may disclose any records, electronic communications, information, materials or other content of any kind (i) if HMDI believes in good faith that the law or legal process requires it; (ii) if such disclosure is necessary or appropriate to operate HMDI; or (iii) to protect our rights or property or the rights or property of our users and business partners.
HMDI and the Content contained and referenced therein are subject to copyrights owned by HMDI, and is for your informational and entertainment purposes only. Any reproduction, retransmission or other use is strictly prohibited, except as otherwise provided herein or in writing by HMDI. Requests for permission to reproduce any of the prohibited Content should be addressed by writing to HMDI, at the address below.
All trademarks, service marks, titles, domain names, logos, and company names (collectively “Trademarks”) referred to on HMDI are trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of HMDI or its affiliates or licensors. In countries where any of the HMDI trademarks, service marks, domain names, logos and company names are not registered, HMDI claims other rights associated with unregistered trademarks, service marks, domain names, logos, and company names. Other product or company names referred to on HMDI may be trademarks of their respective owners.
HMDI does not grant to you any rights under any of the Trademarks, and you agree that you may not use any of the Trademarks without permission from the owner of such Other Trademark. With respect to the Other Trademarks owned by HMDI, you may contact HMDI at the address below, to request written permission to use the trademarks for purposes other than stated herein or for all other questions relating to HMDI.
OTHER INTELLECTUAL PROPERTY RIGHTS
All right, title and interest in and to the Content, including without limitation the graphical display and arrangement of HMDI and the Content, and all intellectual property rights embodied therein, are the property of HMDI or its licensors, suppliers or affiliates.
Without limiting the foregoing, with respect to the databases (“Databases”) used to store the Content, you agree and acknowledge that:
(i) the Content, Databases and any other information contained therein shall remain valuable intellectual property owned by, or licensed to HMDI, and that no proprietary rights are being transferred to you in such materials or in any of the Content contained therein;
(ii) You shall not, directly or indirectly, use any of the Content, Databases and any other information contained therein for any purposes other than your personal, non-commercial use;
(iii) You shall not, directly or indirectly, use the Content, Databases and any other information contained therein to compete directly or indirectly with HMDI;
(iv) You shall not, directly or indirectly, use the Content, Databases and any other information contained therein to establish independent data files or otherwise amass statistical information thereof or therefrom;
(v) You shall not, directly or indirectly, use the Content, Databases and any other information contained therein in violation of any applicable laws or regulations;
(vi) misappropriation or misuse of the Content, Databases and any other information contained therein will cause serious irreparable damage to HMDI and that in such event money damages may not constitute sufficient compensation to HMDI; consequently; and
(vii) in the event of any misappropriation or misuse, HMDI shall have the right to obtain injunctive relief in addition to any other legal or financial remedies to which HMDI may be entitled.
In addition, you acknowledge that the Content, Databases and any other information contained therein are protected by law, including, but not limited to, United States and international copyright law and trademark law, as well as other state, federal, and international laws and regulations, including contract law, and laws pertaining to privacy and publicity.
NOTICE OF ENFORCEMENT
HMDI vigorously enforces its intellectual property rights to the fullest extent of the law. Accordingly, HMDI may prosecute any unauthorized use or reproduction of any of the Content, Databases and any other information contained therein that violate the protection afforded by the United States and international copyright law and trademark law, and/or other state, federal, and international laws and regulations, including laws pertaining to contracts, and privacy and publicity.
To see our Medical Disclaimer, please click here.
HMDI AND THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. HMDI MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE. HMDI AND THE CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESSED OR IMPLIED. HMDI DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES AND CONDITIONS EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THIS SITE, THE CONTENT, OR ANY PRODUCTS, SERVICES OR RESULTS OBTAINED ON OR THROUGH HMDI.
HMDI DOES NOT REPRESENT OR WARRANT THE AVAILABILITY OF THE SITE, THAT HMDI AND YOUR USE OF HMDI WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT HMDI OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HMDI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF HMDI AND/OR THE CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPLICABILITY OR OTHERWISE. YOU (AND NOT HMDI) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IN ADDITION TO THE FOREGOING, YOU AGREE THAT YOUR USE OF HMDI AND THE CONTENT IS AT YOUR OWN RISK.
LIMITATIONS ON LIABILITY
HMDI WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF HMDI AND THE CONTENT, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. HMDI WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) THAT RESULT FROM THE USE OF, THE INABILITY TO USE, OR RELIANCE UPON, HMDI AND THE CONTENT OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH HMDI, EVEN IF THERE IS NEGLIGENCE BY HMDI OR BY AN AUTHORIZED HMDI REPRESENTATIVE, OR AN AUTHORIZED HMDI REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OF THE ABOVE. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES. HMDI’S TOTAL LIABILITY TO YOU FOR LOSSES, DAMAGES AND CAUSES OF ACTION WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO HMDI, IF ANY, TO ACCESS HMDI.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS HMDI, HMDI’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, CUSTOMERS AND SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, DAMAGES, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND LITIGATION EXPENSES), RELATING TO OR ARISING FROM:
(i) YOUR USE OF HMDI AND ANY OF THE CONTENT, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH HMDI;
(ii) ANY ARRANGEMENTS YOU MAKE BASED ON THE CONTENT OBTAINED ON OR THROUGH HMDI;
(iii) ANY BREACH BY YOU OF THE TERMS CONTAINED HEREIN; AND
(iv) ANY ACTIVITY RELATED TO YOUR HMDI ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SITE USING YOUR HMDI ACCOUNT.
RELEASE FOR FORCE MAJEURE
You absolve and release HMDI and our affiliates from any claim of harm resulting from any cause(s) over which we or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
TERM AND TERMINATION
HMDI reserves the right, at any time and for any reason, without notice to you, (i) to deny you access to HMDI and any of the Content; or (ii) to change, remove or discontinue any of the Content or services available on or through HMDI.
You may terminate this agreement at any time by destroying: (a) all of the Content obtained from HMDI, including, without limitation, permanently deleting all of the Content from any computer and/or media; and (b) all related documentation and all copies and installations, if any. In addition, and upon HMDI’s request, you agree to certify in writing that all of the Content has been destroyed. The warranty disclaimers, limitations and exclusions of liability, reservation and grant of property rights and other terms and conditions contained herein which by their nature are intended to survive will survive the termination or expiration of any license provided to you by HMDI.
Any legal notice, other document or communication required or permitted hereunder to HMDI will be deemed to have been duly given only if in writing and delivered by certified U.S. mail, return receipt requested, postage prepaid, to HMDI at:
ATTN: Legal Department
Heart MD Institute
257 East Center Street
Manchester, CT 06040
email: [email protected].
Notices to HMDI shall be deemed delivered when actually received by HMDI or its authorized representatives.
Any notice or other document or communication required or permitted hereunder to you will be sent to the e-mail address that you provide to HMDI when you register. Such notice will be deemed received by you the next business day after the e-mail is sent.
Should you elect to send or receive e-mail communications of any kind to or from HMDI, you represent and warrant to HMDI that your e-mail service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions.
JURISDICTION / COMPLIANCE WITH LAWS
Except as described otherwise, HMDI is controlled and operated from within the United States of America and makes no representation that the Content are appropriate or available for use in other locations. If you use HMDI from other locations, you are responsible for compliance with applicable local laws including, without limitation, all export laws. Some of the Content may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or reexported: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to anyone in the US Treasury Department’s Specially Designated national list, or (c) to anyone on the US Commerce Department’s Table of Denial Orders. If you download or use the Content you represent and warrant that you are not located in, or under the control of, or a national or resident of any such country or on any such list.
Access, browsing and use of HMDI, the Content and the terms and conditions of the User Agreement are governed by U.S. federal law and/or the laws of the State of New Jersey, excluding any conflict of laws provisions that would refer to and apply the substantive laws of another jurisdiction.
SUBJECT TO THE MANDATORY ARBITRATION PROVISION BELOW, ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN THE STATE OF NEW JERSEY, U.S.A., YOU AND HMDI AGREE TO SUBMIT TO THE JURISDICTION OF, AND AGREE THAT VENUE IS PROPER IN, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.
Any controversy or dispute between you and HMDI (the “parties”) concerning HMDI or the Content shall be submitted to final and binding arbitration as the sole and exclusive remedy for such controversy or dispute. Any claim shall be made by filing a demand for arbitration within one (1) year following the occurrence first giving rise to the claim. The right and duty of the parties to resolve disputes by arbitration shall be governed exclusively by the Federal Arbitration Act, and arbitration shall take place according to the Commercial Rules of the American Arbitration Association. The arbitration will be held in New Jersey. Each of the parties shall bear all of its own costs of arbitration, except that the fees of the arbitrator shall be divided equally between the parties. The arbitrator shall have no authority to amend or modify the terms of this Agreement or to award punitive or exemplary damages, and the award may be enforced by judgment. Before, during, or after arbitration each party shall have the right, without awaiting the outcome of the arbitration, to seek interim injunctive relief from an appropriate court including but not limited to temporary restraining orders or preliminary injunctions. Seeking any such remedies shall not be deemed a waiver of either party’s right to compel arbitration.
No delay or omission by HMDI to exercise any right occurring upon any noncompliance on your part with respect to any of the terms and conditions contained herein will impair any such right or power or be construed to be a waiver thereof. Any waiver by HMDI of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or agreement herein contained.
If any of the terms and conditions contained herein are adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and in effect.
HMDI is an independent contractor; nothing in this Agreement shall be construed to create a partnership, joint venture, or agency relationship between you and HMDI.
CONTINUED USE DEEMED ACCEPTANCE
This constitutes the entire agreement between you and HMDI with respect to your use of HMDI and the Content, and supersedes any and all prior understandings or agreements between you and HMDI, whether written or oral. You acknowledge that, in providing you access to and use of HMDI and the Content, HMDI has relied on your acceptance of this agreement.