HEARTFAILURECHAT.COM Terms Of Service
HeartFailureChat provides its viewers with many online resources which include discussion forums, blogs, personal
profile pages, professional medicial databases, the ability to communicate with other viewers, and more.
HEARTFAILURECHAT.COM IS A SERVICE OF 20/20 TECHNOLOGIES ("HEARTFAILURECHAT", "SERVICE" respectively).
BY USING HEARTFAILURECHAT, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THE TERMS OF
SERVICE OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE YOU SHOULD NOT USE HEARTFAILURECHAT. WE
SUGGEST THAT YOU PRINT A COPY OF THESE TERMS OF SERVICE FOR YOUR RECORDS.
These terms apply to your use of HeartFailureChat and all HeartFailureChat content independently of the delivery platform that you utilize. HeartFailureChat may change the Terms of Service of this Agreement at any time. Those changes will be published on this page. It is suggested that you regularly check these Terms of Service to see if there have been any changes. Using the service after any such changes bounds you to the Agreement as changed. By using the service, you represent that you are of old enough to form a binding contract. You also agree to provide accurate and complete information about yourself in the registration form. HeartFailureChat retains the right to terminate your account if you provide information that is not true.
- PRIVACY
We will make every reasonable effort to maintain the privacy of our user data. We may provide personal information,
including IP addresses to comply with subpoenas and other legal obligations. For more information please
see our privacy policy.
- REGISTRATION REQUIREMENTS
You can register to HeartFailureChat as long as you meet the registration requirements. In
order to register and participate on HeartFailureChat you need to; (a) be 14 years of age or older,
(b) provide truthful, current, complete and accurate information at registration, (c)
respect all of the HeartFailureChat Terms of Service, (d) comply with all local and international
applicable laws, (e) be permitted to receive services in all applicable jurisdictions. The
use of HeartFailureChat services is void anywhere where it is not permitted by law. If we suspect
that you violate any of the registration requirements mentioned above, your account will be
terminated.
- MEMBER PERMITTED ACTIVIES
You cannot use HeartFailureChat.com for any unlawful purpose. You cannot broadcast (or
otherwise transmit), copy, publish, or create derivative works of the HeartFailureChat
content without obtaining prior written permission. By accessing the HeartFailureChat
website, a user agrees not to redistribute the information found therein. You acknowledge
that "HeartFailureChat" is a registered trademark and that you may not use it without prior
written permission from HeartFailureChat. You are responsible for all content that you post
or transmit through the site. This may include but is not limited to photographs, videos,
articles, and all other materials. HeartFailureChat does not control nor does it guarantee
the accuracy, truthfulness or quality of the content posted or transmitted through its
website. By using our services you may come across content that you find offensive.
HeartFailureChat will not be responsible or liable in any way for any such content nor shall
it be liable for any damages or losses of any kind that may have been incurred as a result
of your exposure and/or use of any such content. This is true independently of whether the
content was made available online, via email or through any other means. The following
activities are not permitted on HeartFailureChat. Please read this list carefully. Failure
to comply with any of these requirements will result in an immediate termination of your
account. You may not use HeartFailureChat's services to:
- Harm minors, or any person, in any way;
- Solicit personally identifiable information from members including telephone numbers, street addresses, last names, web addresses ("URLs") or email addresses;
- Make available any content that:
is unlawful, promotes illegal activities or is offensive, libelous, promotes racism, threatening, promotes bigotry and/or hatred, abusive, threatens physical harm, is harassing, defamatory, obscene, racially, ethnically or otherwise objectionable or that is invasive of another member's privacy.
promotes pornography, contains nudity or that contains a link to a website with adult content
fraud, dealing in illegal substances, gambling or theft of commercial and/or trade secrets;
infringes on the property rights such as patent, copyrights, trademarks and/or trade secrets of any;
involves the transmission of solicitations such as "junk mail," "spam", pyramid schemes, etc.;
solicits passwords or personal identifying information from other members;
impersonates any viewer or person or entity;
posts a photograph of another person without that person's consent;
contains software that sends computer viruses or other harmful computer code.
- Harass, stalk or advocate the harassment of another person
- Disrupt or creating an unreasonable burden on the HeartFailureChat servers
- Breaking any applicable laws and regulations through the use of the HeartFailureChat services.
HeartFailureChat reserves the right (but not the obligation) in its sole discretion, to
pre-screen, delete or reject any content available via its service. HeartFailureChat
reserves the right to remove any content whether or not it violates its Terms of Service.
You agree to bear all risks associated with, the use of any content available through the
service and you acknowledge that you may not rely on any content created by, posted on or
transmitted through any part of HeartFailureChat's service. You acknowledge that
HeartFailureChat does not endorse nor does it control the content made available by its
viewers on its website. Content made available through HeartFailureChat does not reflect the
views or opinions of HeartFailureChat or HeartFailureChat. You remain solely responsible for
all of the content that you make available through the service. This includes all document,
files, materials or information that you transmit to other viewers. HeartFailureChat does
not make any claim, warranty, whether express or implied, with regards to the truthfulness,
completeness, reliability and/or accuracy of any content, transmitted/received by/from you
to/from other viewers. HeartFailureChat may disclose your account information and content
to comply with legal requests, to enforce the Terms of Service and/or to provide customer
service.
- OWNERSHIP AND COPYRIGHT
This Website and the information contained in it, including the medical database, are
owned by HeartFailureChat and/or its third party content providers ("Content Providers"). As
such they are protected by U.S. and international copyright laws. You continue to retain all
ownership rights in your content after you make it available on HeartFailureChat.
HeartFailureChat has the right to discontinue providing any portion or the entire website
or to restrict your access to it. HeartFailureChat shall be under no obligation to correct
any errors or omissions on its website. HeartFailureChat hereby grants you a limited,
revocable, license to use and display the HeartFailureChat content exclusively for your
personal use in connection with viewing the HeartFailureChat services. You hereby agree that
you will not publish, transmit, display, copy, print, modify, distribute, or sell any
content available through HeartFailureChat by members other than content originally posted
by yourself, By publishing or making available any content you agree to grant
HeartFailureChat a worldwide, perpetual, irrevocable and sub licensable, royalty-free
license over content (text, video or sound files, images, photographs, or any other
materials) that you submit or make available on or through HeartFailureChat. The license
permits HeartFailureChat the public use and display, distribution, modification,
reproduction and publication of the all or part of the content in any format or medium. The
license terminates when you remove your content from HeartFailureChat. You may not post or
make available in any way any proprietary material which belongs to some other person or
entity unless you obtain prior written consent to do so by the owner of the relevant
material. Proprietary material includes, but is not limited to, material which has been
copyrighted, which has a trademark, etc. You further represent and warrant that you are the
legal owner, or have a legal right to grant the license in this Agreement, over the content
that you make available on HeartFailureChat. You further represent and warrant that making
the content available on HeartFailureChat does not infringe on the privacy rights or on the
legal rights (copyrights, contractual or any other legal right) of any entity or person. You
agree to pay for any royalties or fees of any kind which may be owed as a result of content
that you have made available through HeartFailureChat.
- DISCLAIMER and LIMITED WARRANTY
Neither HeartFailureChat, HeartFailureChat nor any of its data or content providers
represent that its data is accurate or complete and it should not be relied upon as such.
THE HEARTFAILURECHAT CONTENT IS NOT INTENDED TO BE RELIED UPON BY USERS IN MAKING ANY
DECISIONS, INCLUDING MEDICAL DECISIONS. Any transactions of any type made between you and
any third-party named on HeartFailureChat are at your sole risk and responsibility. Neither
HeartFailureChat nor any of its data or content providers shall be liable for any errors or
delays in the content, or for any actions taken in reliance thereon. HeartFailureChat is
not responsible for any incorrect or inaccurate content made available through
HeartFailureChat irrespective of the source of the content, whether it was made available by
its viewers or by any computer programs utilized by HeartFailureChat. Content made available
by HeartFailureChat viewers may contain hyperlinks to third party World Wide Web sites or
resources ("third party websites") which are not associated in any way with
HeartFailureChat. HeartFailureChat has no control over or does it neither endorse, approve
nor accepts any responsibility or liability for the content or other materials available on
those third party websites. HeartFailureChat is not responsible for any unauthorized access
or alteration of any viewers' communications. It is also not responsible for errors,
omissions, delays, defects of any kind in the content available through its services nor is
it responsible for any communications or technical failures of any kind whether due to
traffic congestions or otherwise. You acknowledge and agree that HeartFailureChat is not
responsible or liable whether directly or indirectly for any damages or losses that may be
caused connection with the use of any such content in any way from these third party
websites. HeartFailureChat assumes no responsibility for advertisements posted on its
website or made available through its service. HeartFailureChat does not monitor, nor is it
responsible for the behavior of its viewers. HeartFailureChat is not responsible for any
injuries, losses or damages including, but not limited to, personal injury or death to its
viewers resulting from participating in or downloading content from HeartFailureChat
services or from the behavior of any the users of the HeartFailureChat service. This
includes online as well as offline behavior and/or acts. HEARTFAILURECHAT SERVICES ARE
PROVIDED "AS-IS". HEARTFAILURECHAT MAKES NO WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE.
HEARTFAILURECHAT DOES NOT GIVE ANY WARRANTIES IN RESPECT OF HEARTFAILURECHAT OR THE
HEARTFAILURECHAT SERVICE INCLUDING ALL WARRANTIES, OF EVERY NATURE WHATSOEVER INCLUDING
IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, OR OF FITNESS FOR ANY PURPOSE.
HEARTFAILURECHAT DOES NOT PROVIDE WARRANTIES IN TERMS OF ACCURACY, AVAILABILITY,
COMPLETENESS AND/OR TIMELINESS OF ITS SERVICE. NEITHER HEARTFAILURECHAT DATA CORP. ITS
AFFILIATES NOR ITS CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT OR INDIRECT PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ,
INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF ITS SERVICE EVEN IF HEARTFAILURECHAT
HAS BEEN ADVISED OF THE POSSIBILITY THAT THERE MAY BE SUCH DAMAGES.. YOU AGREE THAT
HEARTFAILURECHAT WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES WHICH RELATE TO YOUR MEDICAL
CHOICES WHICH ARE OR ARE NOT A DIRECT CONSEQUENCE OF YOUR USE OF HEARTFAILURECHAT
OR THE HEARTFAILURECHAT CONTENT. YOU ALSO AGREE THAT, TO THE FULL EXTENT ALLOWED BY
APPLICABLE LAW, HEARTFAILURECHAT WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO YOUR
USE OF HEARTFAILURECHAT OR THE HEARTFAILURECHAT CONTENT. YOU AGREE THAT YOUR ONLY REMEDY
ARISING OUT OF YOUR USE OF A HEARTFAILURECHAT SUBSCRIPTION SERVICE IS LIMITED TO THE DIRECT
DAMAGES YOU ACTUALLY INCUR ARISING OUT OF YOUR USE OF HEARTFAILURECHAT OR OF THE
HEARTFAILURECHAT CONTENT SUBJECT TO A LIMIT EQUAL TO THE SUBSCRIPTION FEE THAT YOU PAID TO
HEARTFAILURECHAT PURSUANT TO THESE TERMS OF SERVICE DURING THE BILLING PERIOD IN WHICH THE
DAMAGE OCCURRED.
The above disclaimers and restrictions on liability apply equally to your use of HeartFailureChat and all HeartFailureChat content.
- INDEMNIFICATION
By clicking "I Agree" during the registration form you are agreeing to indemnify, and hold
harmless HeartFailureChat Data Corp., its affiliates, subsidiaries, directors, officers, agents,
employees, content providers, partners and licensors from all claims, demands, liabilities,
losses, costs and/or damages of any kind, including reasonable attorneys' fees, made by any
third party due to or relating to your use of the website, including but not limited to
content that you have made available in any way through the service, your breach of this
Agreement, your connection to the Service, or your violation of any rights of another
person.
WARNING: We strongly suggest that you exercise caution when reading and/or writing on the
discussion forums. No Information posted to message boards should be relied on to make
medical decisions. Do not believe everything that you read on the discussion forums. People
are not always who they say they are. HeartFailureChat does not assume responsibility for
any portion of any information posted on the discussion forums, nor are we responsible in
any way for any decisions, including but not limited to medical decisions, that may result
from information derived, directly or indirectly, from the discussion forums. We reserve the
right to remove any content and/or terminate an account at our own discretion.
- USER PASSWORD
Your password is for your personal use only, and you agree to keep it secret and not to
share it with anyone (except as expressly allowed under this Membership Agreement). YOU ARE
RESPONSIBLE FOR ALL CHARGES THAT ACCRUE FROM ANY AND ALL USE OF YOUR PASSWORD, WHETHER YOU
AUTHORIZED SUCH USE OR NOT. IN CASE OF UNAUTHORIZED USE OF YOUR PASSWORD YOU MUST PROMPTLY
NOTIFY HEARTFAILURECHAT IMMEDIATELY.
- SOFTWARE RESTRICTIONS
No software made available in connection with the HeartFailureChat service may be downloaded from
the service, exported or re-exported in violation of U.S. export laws. The downloading and
use of any software may is at your sole risk.
- TERMINATION
At its own sole discretion, HeartFailureChat may immediately terminate your HeartFailureChat account for
any or no reason including any associated email addresses. You agree that HeartFailureChat shall
not be liable to you or to any third party for the termination of your account and its
access to the HeartFailureChat service. Your account will be close if you breach any term in this
Agreement. It may also be cancelled at your request or if the service is discontinued. Your
account will be terminated if you engage in fraudulent or illegal activities or at the
request of law enforcement and/or government agencies. If your account is terminated, all of
the content that you made available through the service may be removed.
- GOVERNING LAW AND JURISDICTION
This Agreement is governed by and construed in accordance with the laws of the United States
and the State of Connecticut. To the extent possible in the applicable jurisdiction, the
parties irrevocably agree that the courts of the State of Connecticut, United States has
exclusive jurisdiction to settle any dispute which may arise in connection with these Terms
of Service.
- GENERAL
You may not assign, or otherwise transfer any of your rights under these Terms of Service.
If any provision of these Terms of Service is found to be invalid by a court with
jurisdiction, the remaining provisions of these Terms of Service shall remain in full force
and effect. These Terms of Service were last updated January 12, 2008 and replace all
previous Terms of Service for HeartFailureChat.
close window
|