Terms and Conditions
1. ACCEPTANCE OF TERMS
Welcome to cardiosmart.org. This agreement ("Agreement") is between the American College of Cardiology Foundation and its subsidiaries and affiliated entities (collectively, "ACCF", "we" or "ours") and you and your agents ("you" or "yours") for the use of this web site (the "Site"). This Agreement includes any guidelines or rules posted and updated on the Site by ACCF from time to time. By using the Site, you agree to this Terms and Conditions Agreement. You can review the most current version of this Agreement at any time at www.cardiosmart.org.
2. OWNERSHIP OF SITE AND RESTRICTIONS ON USE OF CONTENT
The Site is owned by ACCF. You acknowledge that this website may contain information, communications, software, photos, text, video, graphics, music, sounds, images and other material and services (collectively "Content"), which is generally provided by ACCF or by licensors of ACCF. You agree and acknowledge that, notwithstanding that ACCF permits access to the Content, the Content or its use or the use of this Site is protected by patents, copyrights, trademarks, and other proprietary rights (including intellectual property rights), that these rights are valid and protected in all media now existing or later developed, and that except as specifically provided in this Agreement, your use of the Content shall be governed and constrained by applicable patent, copyright, trademark and other intellectual property laws. Modification or use of the Site and/or the Content for any commercial purpose is a violation of patent, copyright and other proprietary rights owned by ACCF and third parties. In addition to ACCF's and its licensors' rights in individual elements of the Content, ACCF owns a copyright in the selection, coordination, arrangement and enhancement of the Content. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website, or in any other way exploit the Site and/or any of the Content, in whole or in part.
3. ACCESS TO MEMBER SERVICES AND TERMINATION OF ACCESS
In order to access certain content and to make use of the advanced personalization features of the Site, you must register and obtain a personal User Name and Password. If you register, you may be asked for your contact information, including but not limited to your name, e-mail address, postal address, work setting, profession, principal professional field and country of residence ("Personal Information"). The Personal Information is linked directly to a personal User Name and Password chosen by you and can only be retrieved by supplying the correct User Name and Password that is linked to that profile. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify ACCF immediately of any unauthorized use of your account or any other breach of security. ACCF will not be liable for any loss or damages of any kind that may arise as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by ACCF or another party due to someone else using your account or password.
You acknowledge and agree that ACCF may terminate your access privileges and remove and discard any Content without notice to you for any reason at any time, including without limitation, if (i) you do not use the Site for what ACCF, in its sole discretion, deems to be an extended period of time, (ii) ACCF believes that you have violated any provision of this Agreement, and/or (iii) you have otherwise acted or failed to act in any manner that ACCF deems objectionable. You agree that any termination of your access to the Site shall not result in any liability or other obligation of ACCF to you or any third party in connection with such termination.
5. DISCLAIMER OF WARRANTIES
THE USE OF THE SITE IS SOLELY AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ACCF EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ACCF MAKES NO WARRANTY THAT THE SITE AND/OR ANY CONTENT THEREIN WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE AND/OR ANY CONTENT THEREIN WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE IS TO CEASE USING THE SITE.
6. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ACCF SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF ACCF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR INABILITY TO USE THE SITE, (ii) THE COST OF PROCUREMENT OF ANY SUBSTITUTE PRODUCTS AND/OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES OBTAINED OR WHICH YOU WERE UNABLE TO OBTAIN OR TRANSACTIONS EFFECTED OR FAILED TO BE EFFECTED, (iii) ANY LINK PROVIDED IN CONNECTION WITH THE SITE, OR (iv) ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE SITE.
7. YOUR CONDUCT ON THE SITE
In the event that ACCF permits you to upload, post, e-mail or otherwise transmit content, data, information or other materials (collectively, "User Content") for display on the Site or otherwise, you will be responsible for all such User Content that you upload, post, email or otherwise transmit using the Site. Likewise, you are responsible for complying with all third party rights with respect to all such User Content that appears on the Site and not to download, email or otherwise transmit such User Content in violation of such third party's rights. By submitting User Content to ACCF, you automatically grant, or warrant that the owner of such Content has expressly granted, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such User Content.
You are expressly prohibited from placing any message in any User Content or any product, good or service or otherwise transmitting through or posting on the Site (including in any e-mail message or any chat board posting) any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic or otherwise objectionable material of any kind, including without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law (collectively, "Prohibited Conduct"). Prohibited Conduct expressly includes any transmission to people or other entities on mailing lists that you do not have full rights to use. You agree and acknowledge that ACCF is not responsible or liable to you or any other party or user of the Site for any Prohibited Conduct by you or any other party or user of the Site.
You may not collect or store personal data of other users of the Site without the prior, written permission of such user(s).
You may not directly or indirectly, intentionally disrupt or interfere with the Site in any manner that may adversely affect ACCF or any user of the Site.
You may not upload, post, email or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities.
8. YOUR WARRANTIES
By your use of the Site, you represent and warrant that you have all the rights necessary to receive, use, transmit and disclose all data that you use in any way with the Site. You further represent and warrant that your and your agents use of the Site and of any data input into or generated by the Site shall comply with all applicable laws, regulations and ordinances. You agree and acknowledge that you are solely responsible for any liabilities, fines, penalties or forfeitures occasioned by any such violations or lack of rights.
9. NO PERSONAL ADVICE
This Site and its Content is for informational purposes only and is not intended to replace or substitute for any professional or medical advice. In addition to the "Disclaimer of Warranties” and “Limitation of Liability" paragraphs above, ACCF makes no representations or warranties and expressly disclaims any and all liability concerning any treatment or action by any person following the information offered or provided within or through the Site. If you have specific concerns or a situation in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist. Do not disregard, avoid or delay obtaining medical or health related advice from your health care professional because of something you may have read on this Site.
The use of any information provided on this Site is solely at your own risk. Nothing stated or posted on this site or available through any services provided in connection herein is intended to be, and must not be taken to be, the practice of medical or counseling care. Developments in medical research may impact the health information that appears on this Site, so no assurance can be given that the information contained in this Site will always include the most recent findings or developments with respect to the particular material.
Your use of this Site does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our suppliers.
The tools on the Site are information tools, intended for educational and informational purposes only. Neither we nor our suppliers provide medical advice or diagnoses. You should not make medical, lifestyle, treatment, or other health care decisions based solely on these tools. The tools should be used in combination with the advice of your health care providers. Always seek the advice of a qualified health care provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you find in our tools. Keep in mind that the tools are dependent upon the accuracy and completeness of the information you enter. All the questions must be answered fully and completely in order for these tools to be used properly and responsibly. You are solely responsible for any decisions or actions you take based on the information in these tools.
10. DISCLAIMER OF CONTENT
You understand and acknowledge that ACCF assumes no responsibility to screen or review Content and/or User Content that is originated by parties other than ACCF, and that ACCF shall have the right, but not the obligation, in its sole discretion to review, refuse, monitor, edit or remove any Content and/or User Content that is available on the Site. ACCF expressly disclaims all responsibility or liability to you or any other person or entity for the performance or nonperformance of such Content and/or User Content review. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF ANY AND ALL CONTENT AND/OR USER CONTENT.
11. YOUR SUBMISSIONS
If you contact ACCF with information including, without limitation, feedback data (e.g., questions, comments, suggestions or the like) regarding the Site, the content of the Site or any item on the Site (collectively, "User Feedback"), the User Feedback shall be deemed to be non-confidential and ACCF shall have no obligation of any kind with respect to the User Feedback. In addition, you agree and acknowledge that ACCF shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works and distribute the User Feedback to others without limitation, and to authorize others to do the same. Further, ACCF shall be free to use any ideas, concepts, know-how or techniques contained in the User Feedback for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products and other items incorporating the User Feedback. ACCF shall not be liable or owe any compensation for the use or disclosure of the User Feedback.
The Site may provide links to third party web sites, or third parties may provide links to other web sites. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by ACCF with respect to the provider of such linked site or the quality, reliability or any other characteristic or feature of such linked site and ACCF is not responsible in any manner (including without limitation with respect to any loss or injury you may suffer) for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or your reliance thereon. ACCF MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE. YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. In addition, you should be aware that your use of any linked site is subject to the terms and conditions applicable to that site, including the privacy policies (or lack thereof) of such site.
13. JURISDICTIONAL ISSUES
Unless otherwise specified, the materials, information, products and services available on the Site are solely available in or applicable to the United States, its territories, possessions and protectorates. ACCF makes no representation that materials or information in this Site, or the products and services available on the Site, are appropriate or available for use outside the United States. Those who choose to access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to defend, indemnify and hold ACCF, its subsidiaries, affiliates, officers, directors, employees and agents, harmless from and against any third party claim, action or demand ("Claim") and all liabilities and settlements related thereto, including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site and/or its Content and/or User Content. ACCF shall provide notice to you promptly of such Claim and shall reasonably cooperate with you, at your expense, in your defense of any such Claim.
15. TRADEMARK INFORMATION
This Site contains many valuable trademarks owned and used by ACCF or its affiliated entities. ACCF uses these trademarks to distinguish its goods and services from those of others. The Site may also contain references to other entities' trademarks and service marks. Such references are for identification purposes only and are used with permission of their respective owners. ACCF does not claim ownership in, or any affiliation with, any third party trademarks or service marks appearing in its Site. You may use ACCF’s trademarks strictly for personal, noncommercial use. If the use is commercial and provided you make clear that we are the owner of the trademark(s), you may use our trademarks by linking directly to our homepage (www.cardiosmart.org) or by receiving our prior express written consent. You may not use our trademarks in any way that would cause confusion, disparagement, or in a manner to identify non-ACCF products or services.
16. INTELLECTUAL PROPERTY POLICY
ACCF reserves the right to terminate this Agreement in appropriate circumstances if you infringe upon the intellectual property rights of any third party. Pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512(c)(2), ACCF's designated agent for notice of alleged copyright infringement in connection with the Website is:
Thomas E. Arend, Jr.
American College of Cardiology
2400 N Street, NW
Washington, DC 20037
To file a notice of infringement with ACCF, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the U.S. Copyright Office website.
You understand and agree that ACCF may from time to time establish and revise practices and limitations concerning the Site and your use of the Site. You agree that ACCF shall have no liability for the deletion or failure to store any messages and other communications or other Content or User Content maintained on the Site or transmitted using the Site. This Agreement constitutes the entire agreement between you and ACCF and governs your use of the Site. You also may be subject to additional terms and conditions that may apply when you use third party content or Site available through the Site. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. You and ACCF and any of its affiliates, employees, contractors, officers, or directors agree that this Agreement and the relationship between you and ACCF will be governed by the laws of the District of Columbia, without respect to its conflict of laws provisions and that venue with respect to any dispute between you and ACCF will rest exclusively in courts located in the District of Columbia. The failure of ACCF to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or condition. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Site or this Agreement must be filed within one year after such claim or cause of action arose. ACCF may provide notice to you by email or regular mail.
The Site may also provide notice of changes to this Agreement at any time and from time to time by displaying notices to you on pages of the Site.
The section titles of this Agreement are merely for convenience and will not have any effect on the substantive meaning of this Agreement.