Terms of Service

IMPORTANT! PLEASE READ CAREFULLY. These Terms of Service constitute a legal agreement between you and HeartPatients.com. (collectively, "HeartPatients.com," "we" or "us"), and spell out the terms and conditions to which users of HeartPatients.com are expected to adhere. Please read it carefully before using HeartPatients.com, because by clicking "I Agree," you agree to be bound by the terms set forth here, as well as the terms of our Privacy Statement (the Terms of Service and Privacy Statement are collectively referred to herein as the "Agreement"). If you do not agree with or do not wish to be bound by all of the terms and conditions of this Agreement, do not stay on or use HeartPatients.com. You will not be permitted to become a member of HeartPatients.com unless you agree to the terms of this Agreement. We reserve the right to amend these Terms of Service at any time and will post the amended Terms of Service here.

These Terms of Service apply only to HeartPatients.com (including both the public area and the members-only area of HeartPatients.com). These Terms of Service do not apply to any other online or offline HeartPatients.com sites, products or services.

1. HeartPatients.com CONTENT

1.1. Health Information. THE CONTENT CONTAINED IN THIS SITE, INCLUDING TEXT, GRAPHICS, IMAGES, AND OTHER INFORMATION, WHETHER PROVIDED BY US OR BY REGISTERED MEMBERS ("MEMBERS") OF OUR SITE ("CONTENT"), IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONAL, A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONAL, OR INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. THE CONTENT DOES NOT CONSTITUTE MEDICAL ADVICE. SHOULD YOU HAVE ANY HEALTHCARE-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, THEN CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY INFORMATION ON THIS SITE, AND YOU SHOULD NOT USE THE CONTENT FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. ADDITIONALLY, THE TRANSMISSION AND RECEIPT OF THE CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND HeartPatients.com.

1.2. The contents of HeartPatients.com and its services are intended for the personal, noncommercial use of its users. All materials published on HeartPatients.com (including, but not limited to articles, photographs, images, illustrations, product descriptions, audio clips and video clips (collectively, the "Content") are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by HeartPatients.com or the party credited as the provider of such Content, software or other materials. You shall abide by copyright or other notices, information and restrictions appearing in conjunction with any Content accessed through HeartPatients.com. The foregoing does not apply to your own User Content (as defined in section 4).

1.3. HeartPatients.com is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Except as may otherwise be set forth in this Section 1 of these Terms of Service, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials, or services of HeartPatients.com in whole or in part. The foregoing does not apply to your own User Content (as defined in section 4).

1.4. Copying or storing of any Content from HeartPatients.com for other than your own personal, noncommercial use is expressly prohibited without the prior written permission from HeartPatients.com's Rights and Permissions Department, or the copyright holder identified in the individual Content's proprietary rights notices. The foregoing does not apply to your own User Content (as defined in section 4).

1.5. You agree that any content, information, feedback, questions, comments and/or submissions to HeartPatients.com that you provide to us in connection with HeartPatients.com ("Submissions") will be deemed to be provided to us on a non-confidential and non-proprietary basis and will become and remain our property. We shall have no obligations of any kind with respect to any Submissions and shall be free to reproduce, use, disclose and/or distribute any Submissions for any purpose whatsoever, without limitation. You also agree that we shall be free to use any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques. In addition, you hereby waive all moral rights you may have in any materials uploaded or sent to us by you.

1.6. License to Link. We hereby grant you, subject to these Terms, a non-exclusive, limited, and revocable license to link to this Site. You may not present the link to this Site in a way that associates this Site with advertising or creates an impression or inference that this Site endorses any organization, product, or service including, without limitation, the website displaying the link. Further, you agree that you will not misrepresent your relationship with HeartPatients.com, present false importation about HeartPatients.com, our products or services, or place a link to this Site on a website that that could be construed as, or that a reasonable person may consider, obscene, defamatory, harassing, grossly offensive, or malicious. We reserve the right to revoke this license generally, or the right to use specific links, at any time. If we revoke this license, you agree to remove and disable any and all of your links to this Site immediately.

1.7. If you believe that the content of any Submission provided by you, or any content appearing on HeartPatients.com, has been used on HeartPatients.com in a manner that constitutes copyright infringement, please provide our Copyright Agent with a written notice (email is sufficient) that includes the following information:

Our Copyright Agent for notice of claims of copyright infringement on this Site is:

By email:
heartpatients@kify.com

2. User Code of Conduct

2.1. By being a member of HeartPatients.com, you must adhere to the following code of conduct when using the site and its services. You are solely responsible for your interactions with other users of HeartPatients.com. We reserve the right, but have no obligation, to monitor disputes between you and other users.

2.2. You agree to not register for a user account on behalf of an individual other than yourself, or register for a user account on behalf of any group or entity.

2.3. You agree to not impersonate any person or entity, or falsely state or otherwise misrepresent yourself, that you are over 18 or your affiliation with any person or entity.

2.4. You agree to not post or otherwise make publicly available on HeartPatients.com any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.

2.5. You agree not to engage in any activity involving the sending of email in violation of applicable law, including, but not limited to, spam. You may not use spiders or any other program or method in order to harvest the email addresses of HeartPatients.com members for the purpose of sending unsolicited email or selling the addresses to others for that or any other purpose.

2.6. You agree to not solicit personal information or passwords or other personally identifying information for commercial or unlawful purposes.

2.7. You may not use HeartPatients.com or your membership in HeartPatients.com for any commercial or business purpose.

2.8. You agree to not post or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

2.9. You agree to not intimidate, harass or "stalk" another user.

2.10. You agree to not post or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.

2.11. You agree to not use or attempt to use another user's account, service or system without authorization from HeartPatients.com, or create a false identity on HeartPatients.com.

2.12. You agree to not post or otherwise make available User Content that, in the sole judgment of HeartPatients.com, is objectionable, illegal or reflects illegal activities (including, but not limited to, underage drinking), or which restricts or inhibits any other person from using or enjoying HeartPatients.com and its service, or which may expose HeartPatients.com or its users to any harm or liability of any type.

2.13. You agree to comply with all of HeartPatients.com's network, bandwidth, data storage and usage limitations.

2.14. You agree to not post or otherwise make available User Content that contains nudity or other inappropriate content.

2.15.  The HeartPatients.com Groups Service (the "Groups") enables Members to create and maintain their own Groups within the Site. A "Group" consists of a group of Members who elect to join a community created, moderated and maintained by another Member known as the "Founder". A Founder may designate one or more individuals ("Administrators") to act on Founder"s behalf. If a Founder creates a Group for, or on behalf of, a corporation or entity, you represent that you have the legal authority to do so and are deemed to have accepted the Terms on behalf of that entity, and the Terms will be binding upon the corporation or entity and any person which it permits to access and use the Groups Service in any way, including Administrators. Groups formed in violation of the Terms are prohibited and may be removed at HeartPatients.com's sole discretion including, without limitation, Groups that promote or link to commercial products or services, Groups that promote racist, hateful or abusive content, and Groups that violate the spirit of healing and wellness promoted by the Site. The Founder and/or its Administrators (i) shall post new Content and actively participate in the Group at least once every thirty (30) days; (ii) is solely responsible for all activity in the Group and agrees to hold HeartPatients.com harmless for the acts and omissions of the Founder and any Administrators, and shall notify HeartPatients.com upon changing the Founder; (iii) has the authority to add or remove Members and Content from the Group provided that the Founder must obtain a Member's consent in order to add a Member to the Group; (iv) may add links to other websites to the Group provided such links are functional and do not violate the Terms; (v) may contact members of the Group subject to the Terms and HeartPatients.com's policies and procedures; (vi) may not use the Group for the explicit purpose of archiving files; (vii) may not repurpose, transmit or repost Content from the Group without the express written consent of HeartPatients.com; (viii) may add its own advertising code to the Group provided such advertising does not violate the Terms provided the Founder has obtained the express written consent of HeartPatients.com; and (ix) grants to HeartPatients.com a non-exclusive, royalty-free license to reproduce and publicly display its trademarks, trade dress (including logos), and service marks for as long as the Group remains on the Site. Notwithstanding the foregoing, HeartPatients.com, in its sole discretion, has the right to (i) disallow the creation of and/or terminate any Group for any reason including inactivity or a Founder's failure to monitor the Group; (ii) remove Content, Members and links from any Group; and (iii) modify or cancel the Groups Service at any time and for any reason.

3. PRIVACY.

Your privacy is very important to us on HeartPatients.com. Click here to view the Privacy Policy [link to HeartPatients.com Privacy Policy]. By using HeartPatients.com or its services, you are consenting to have your personal data transferred to and processed in the United States.

4. USER POSTED CONTENT

4.1. HeartPatients.com makes available the ability to post your own Content in the form of profiles, photos, videos, blogs, forum messages and comments and emails to other users ("User Content").

4.2. You are solely responsible for any and all User Content you post.

4.3. By posting User Content to any part of HeartPatients.com, you automatically grant, and you represent and warrant that you have the right to grant, to HeartPatients.com an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with HeartPatients.com or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from HeartPatients.com at any time. If you choose to remove your User Content, the license granted above will automatically expire.

4.4. You shall not post any User Content which contains nudity or is libelous, defamatory, obscene, pornographic, profane, sexually explicit, abusive or which otherwise violates any law, rule or regulation. Please use your best judgment and be respectful of other individuals on HeartPatients.com. You agree not to use vulgar, abusive or hateful language. HeartPatients.com does not endorse the opinions of any user as they may appear through that user's submitted User Content. You acknowledge that any Submissions (e.g. site questions, feedback) may be reproduced, published, transmitted and displayed by HeartPatients.com in any manner, pursuant to Section 1.4, above.

4.5. HeartPatients.com and its services shall be used by you in only a noncommercial manner. You shall not, without the express approval of HeartPatients.com, use the site to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services, or to promote Web sites or online services that are competitive with HeartPatients.com and/or HeartPatients.com. You agree that you will not submit any ideas for stories, features, designs, scripts, merchandise or publication of any type. HeartPatients.com will not review any such materials.

4.6. While we do not and cannot review all User Content submitted by users of HeartPatients.com and are not responsible for the content of any of this material, HeartPatients.com reserves the right to delete, move or edit User Content that we, in our sole discretion, deem is in violation of the law (including trademark and copyright law), or these Terms of Service, or is abusive, defamatory, obscene, pornographic or otherwise unacceptable in HeartPatients.com's sole discretion. You shall remain solely responsible for the User Content you post onto HeartPatients.com.

4.7. If you use a public area of our Site, such as a chat room, bulletin board, or community, ("Public Area") you are solely responsible for your own communications, the consequences of posting these communications, and your reliance on any communications in the Public Area. HeartPatients.com is not responsible for the consequences of any communications in Public Areas. In cases where you feel threatened or believe that someone else is in danger, you should contact your local law enforcement agency immediately. If there is a dispute between you and any third party (including, without limitation, any Visitor or Member), HeartPatients.com is under no obligation to become involved.

4.8. HeartPatients.com reserves the right to terminate a user account if in our sole discretion we deem that user has violated the Terms of Service.

5. ACCESS AND AVAILABILITY OF SERVICES AND LINKS

5.1. HeartPatients.com may contain links to other related World Wide Web Internet sites, resources and sponsors of HeartPatients.com. Selection of an ad banner or link will redirect you off of HeartPatients.com to a third party Web site. Interactions that occur between you and the third party are strictly between you and such third party and are not the responsibility of HeartPatients.com. We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. HeartPatients.com does not assume any liability or responsibility for the actions, product, availability or content of these outside resources. You should direct any concerns regarding any external link to the site administrator or Webmaster of the third party website.

6. REPRESENTATIONS AND WARRANTIES

6.1. You represent, warrant and covenant (a) that no materials of any kind submitted by you or HeartPatients.com's use thereof in accordance with the terms and conditions of this Agreement, will (i) violate, plagiarize or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (ii) contain unlawful material or reflect unlawful activities; (iii) constitute false or misleading indications of origin or statements of fact; (iv) slander, libel or defame any person or entity; or (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulations or other governmental regulations; and (b) that you are at least 18 years old or the applicable age of majority in your jurisdiction and possess the legal authority to enter into this Agreement.

6.2. You hereby agree to indemnify, defend and hold HeartPatients.com and its officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Service or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys' fees. You shall cooperate as fully as reasonably required in the defense of any claim. HeartPatients.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement, which affects the rights of HeartPatients.com without HeartPatients.com's prior written approval.

6.3. HeartPatients.com neither represents nor endorses the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded, or distributed through HeartPatients.com by any user, information provider or any other person or entity. HeartPatients.com, ALL SERVICES AVAILABLE THEREON AND ANY MATERIALS PROVIDED BY HeartPatients.com OR THIRD PARTIES THROUGH HeartPatients.com ARE PROVIDED "AS IS." HeartPatients.com MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY MATERIALS PROVIDED. HeartPatients.com DOES NOT GUARANTEE THAT YOUR ACCESS TO HeartPatients.com AND/OR THE SERVICES AVAILABLE THEREON WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR SECURE AND MAKES NO WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF HeartPatients.com.

6.4. You hereby acknowledge that the use of HeartPatients.com and the services available thereon is at your sole risk.

7. LIMITATION OF LIABILITY

7.1. NEITHER HeartPatients.com NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING HeartPatients.com OR ITS SERVICES SHALL BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF, OR INABILITY TO USE, HeartPatients.com, THE SERVICES THEREON, OR ANY OF THE MATERIALS PROVIDED BY HeartPatients.com OR THIRD PARTIES THROUGH HeartPatients.com OR THE SERVICES THEREON, OR ANY DAMAGE OR LOSS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF ANY SERVICE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF HeartPatients.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions shall only apply to the extent permissible under applicable law.

7.2. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, HeartPatients.com'S AGGREATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).

8. SYSTEM INTEGRITY

8.1. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of HeartPatients.com or the underlying platform. You may not take any action, which imposes an unreasonable or disproportionately large load on our or our any of our providers' infrastructures. You may not disclose or share your password with any third parties or use your password for any unauthorized service. You shall be solely responsible for all use or misuse of your password, except to the extent caused directly by HeartPatients.com.

9. TERMINATION

9.1. HeartPatients.com may, in its sole discretion, terminate or suspend your access to HeartPatients.com or refuse service at any time, without notice, to all or part of HeartPatients.com for any or no reason, including, without limitation, breach of these Terms of Service or the infringement of copyrights owned by third parties.

9.2. HeartPatients.com, including, without limitation, its authorized agents and employees may terminate your use of HeartPatients.com without notice in the event that you breach any obligation in these Terms of Service, including but not limited to, (i) restricting, inhibiting or disrupting any HeartPatients.com event or (ii) attempting to alter or improperly access any feature or function of HeartPatients.com. Your access may also be subject to termination if you post or transmit any illegal content; harass or threaten any user or any HeartPatients.com employee; post content (including, but not limited to, the creation of a username) that is offensive or otherwise disruptive of HeartPatients.com activities; post unsolicited advertising; or improperly impersonate a HeartPatients.com employee or other individual.

10. MISCELLANEOUS

10.1. Official correspondence must be sent via email to:

heartpatients@kify.com

10.2. These Terms of Service, the Privacy Statement and any other terms referenced in this Agreement constitute the entire agreement between you and HeartPatients.com with respect to your access and use of HeartPatients.com and supersede all prior or contemporaneous agreements (whether oral, written or electronic) between you and HeartPatients.com with respect to HeartPatients.com and its services. If any of the provisions of this Agreement are determined to be invalid or unenforceable, then each invalid or enforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. HeartPatients.com may assign these Terms of Service (i) to any of its affiliates, (ii) to the surviving entity in the event of a merger, acquisition, or the sale of all or substantially all of the assets of HeartPatients.com or (iii) in connection with the sale of HeartPatients.com or the business unit associated with it.