Terms of Use

Terms and Conditions

HEARTSTRONG’S TERMS OF USE AGREEMENT

 

Effective Date: 09/01/2015

Introduction

Welcome to heartstrong.com, a website designed to help keep you and your heart healthy. HeartStrong.com is for your personal use and shall not be used for commercial endeavors, unless otherwise endorsed or approved by HeartStrong.

HeartStrong has adopted this Terms of Use Agreement (“Agreement”) to notify you of your rights and duties while using heartstrong.com (“Website”).

THIS AGREEMENT IS A LEGALLY BINDING CONTRACT AND YOU HAVE A DUTY TO READ THIS AGREEMENT BEFORE USING THE WEBSITE. THROUGH YOUR USE OF THE WEBSITE, YOU MANIFEST YOUR ASSENT TO THE TERMS AND CONDITIONS CONTAINED WITHIN THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST IMMEDIATELY CEASE YOUR USE OF THE WEBSITE.

HEARTSTRONG RESERVES THE RIGHT TO MODIFY, AMEND, REPLACE, SUSPEND, OR TERMINATE THIS AGREEMENT AT ANY TIME AND WITHIN ITS SOLE DISCRETION.

In the event HeartStrong modifies, amends, or replaces this Agreement, the Effective Date, located at the top of this page, will change. Your use of the Website after a change in the Effective Date constitutes your acceptance of any modification, amendment, or replacement.

    1. Warranties

You warrant that you are of sound mind and competent to agree to the terms of this Agreement, and that your use of the Website does not violate any law, regulation, ordinance, statute, or treaty that is applicable to individuals located in the jurisdiction in which you live. You further warrant that you are not prohibited from entering into this Agreement by the terms of any preexisting agreement. If you are accessing the Website on behalf of a governmental organization, non-governmental organization, or business entity, you warrant that you are an authorized agent of said organization or entity and that you have the authority to bind said organization or entity to the terms of this Agreement.

    1. The Website Does Not Provide Medical Advice

The content of the Website, including, but not limited to, text, graphics, images, videos, and information presented on the Website (“Content”) is for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Use of the Website does not create a physician-patient relationship between you and the Website. Always seek the advice of your physician or other qualified health 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 read, heard, or watched on the Website.

If you think you have a medical emergency, call your doctor or 911 immediately.

The Website does not endorse any specific physician, tests, products, procedures, or other information that may be featured on the Website. Reliance on any of the information or persons featured on the Website is at your own risk.

Any medical information provided by users of the Website or other third parties is similarly for informational purposes only. Reliance on advice provided by users or third parties is at your own risk.

    1. Health Insurance Portability and Accountability Act (HIPPA)

The Website is not HIPPA compliant as HeartStrong is not a “covered entity” or “business associate” of a covered entity under the Act.

    1. Privacy Policy

HeartStrong hereby incorporates its Privacy Policy by reference as if fully restated herein.

    1. Ownership of Content and Intellectual Property

HeartStrong is the owner of all rights in, and to, the Website and its associated content, including, but not limited to, copyright rights, trademark rights, patent rights, rights of publicity and privacy, trade secret rights, and any other property or proprietary rights. The Website is subject to copyright and other intellectual property rights under the law of the United States, foreign states, and international treaties, and HeartStrong provides you with the right to use the Website on a limited basis. You are expressly prohibited from using the Website for any purposes not stated in this Agreement.

HeartStrong hereby provides you with a limited, non-exclusive, non-assignable, non-sublicensable, revocable license to use the Website for its customary and intended purposes. Use of the Website for a use outside of its customary and intended purposes or in violation of the terms of this Agreement will result in the immediate termination of this license. This license is revocable at any time, and any rights not expressly granted herein are reserved to HeartStrong.

You are expressly prohibited from reproducing, preparing derivative works of, distributing, performing publicly, displaying publicly, scraping, framing, hacking, reverse engineering, crawling, or aggregating the Website, whether in whole or in part, without the prior written consent of HeartStrong. This prohibition on crawling or aggregating does not apply to search engines that appropriately comply with HeartStrong’s robots.txt file.

    1. User-Generated Content

HeartStrong may provide you with the ability to upload or transmit user-generated content to or through the Website, including, but not limited to, text, comments, photographs, images, videos, audio files, profile information, name, likeness, advertisements, listings, information, and designs (collectively “User-Generated Content”). Except as otherwise provided herein, you own all rights in and to your User-Generated Content.

By submitting User Generated Content to the Website, you grant HeartStrong a non-exclusive, irrevocable, royalty-free, worldwide, and perpetual license to use your User-Generated Content for the customary and intended purposes of the Website. These purposes may include, but are not limited to, providing you or third parties with the Website or its associated services and archiving or making backups of the Website. You agree to waive all moral rights in and to your User-Generated Content across the world, whether you have or have not asserted moral rights in or to your User-Generated Content. By submitting User-Generated Content to the Website, you further agree to waive all rights of publicity or privacy with respect to the User-Generated Content submitted.

You warrant that any User-Generated Content that you submit to the Website will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.

Communications in the chat room or public areas of the Website are not private. You acknowledge and agree that all messages or content posted by you or others in any chat rooms or public areas which may be provided on the Website shall be deemed to be readily accessible to the general public and consequently should not be considered private, confidential, or proprietary. Consequently, you should not use the Website for any communication which you intend only you and the intended recipient(s) to read. Notice is hereby given that all messages entered into this Website can and may be read by the operators of the Website, whether or not they are the intended recipient(s).

    1. Registered Accounts

In order to obtain access to additional features or areas of the Website, you may be required to register an account (“Account”). You may only use your Account and you are expressly prohibited from providing additional parties with access to your Account. You agree that, in registering an Account, you will provide HeartStrong with accurate, compete, relevant, and current information. You are solely responsible for maintaining the security and confidentiality of your username and password and for any access to your Account, whether authorized or unauthorized. In the event your Account is accessed without your authorization, you agree to immediately provide notice to HeartStrong. By creating an Account, you agree that HeartStrong may contact you by any available means, including, but not limited to, by email.

HeartStrong reserves the right to accept, reject, modify, suspend, or delete any Account at any time within its sole and absolute discretion.

    1. Copyright and Licenses

Users warrant that any User-Generated Content uploaded or transmitted through HeartStrong are owned by the user or have the appropriate rights to use in such a manner. The copyright of all content uploaded by users is retrained by the users. By offering User-Generated Content through the Website, users grant HeartStrong a limited, non-exclusive, worldwide, perpetual, sublicensable, assignable, non-revocable, and royalty-free license to reproduce, prepare derivative works of, distribute copies of, perform publicly, display publicly, and transmit by means of a digital audio transmission the User-Generated Content for the customary and intended purposes of the Website, including, but not limited to, for the access and viewing of the content by third party members. Users warrant that their content will not: (1) violate any term or condition of this Agreement; (2) violate the rights of third parties, including rights of privacy or publicity or intellectual property rights; and (3) violate any law, statute, regulation, ordinance, or treaty, whether local, state, provincial, national, or international.

By uploading or transmitting User-Generated Content, Users expressly waive their rights to publicity and privacy with respect to the content. HeartStrong will provide users with the ability to limit the scope of the license granted to a third party members, and content-providers are advised to take advantage of this ability to ensure that the license granted to other members conforms to uploading user’s desires and expectations.

    1. Copyright Policy

You acknowledge and agree that the Website is an interactive computer service as those terms are defined under Section 230 of the Communications Decency Act. Company will not be considered a speaker or publisher of any information provided by a third party to the Website, regardless of whether Company chooses to remove, suspend, change, or amend such information.

The Website is copyright 2015 HeartStrong. HeartStong will expeditiously respond to all duly issued notifications of copyright infringement that are sent to HeartStrong’s designated copyright agent pursuant to 17 U.S.C. § 512.

All notices of copyright infringement must contain the following:

    1. The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
    1. Specific identification of the copyrighted works alleged to have been infringed;
    1. The location of the copyrighted works on the Website;
    1. The contact information of the notifying person(s) or entity, such as an address, telephone number, fax number, or email address;
    1. A statement that the notifying person(s) or entity has a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
    1. A statement, under penalty of perjury, that the information in the notification is accurate and that the notifying person(s) or entity is authorized to act on behalf of the copyright owner.

Upon receipt of a notice of infringement, HeartStrong will undertake reasonable steps to contact the poster of the allegedly infringing content so that the poster may issue a counter-notification. All counter-notifications must contain the following:

    1. Identification of the specific materials that have been removed from the Website;
    1. The contact information of the notifying person(s) or entity, such as an address, telephone, fax number, or email address;
    1. A statement, under penalty of perjury, that the notifying person(s) or entity has a good faith belief that the content was removed as a result of mistake or misidentification;
    1. A statement that the notifying person(s) or entity has consent to the jurisdiction of the federal district court in which the notifying person(s) or entity address is located or, if outside of the United States, that the notifying person(s) or entity has consent to the jurisdiction of the federal courts where your service provider is located;
    1. A statement that the notifying person(s) or entity will accept service of process from the notified party; and
    1. The notifying person’s(s) or entity’s physical or electronic signature.

All notices of infringement and counter-notifications should be sent through the Contact Us page on HeartStrong.com.

    1. Indemnification

Users agree to hold harmless, defend, and indemnify HeartStrong from and against any and all claims, demands, judgments, liabilities, costs, and fees, including attorneys’ fees, arising out of or related to: (1) the creation or use of an Account; (2) the uploading or transmitting of User-Generated Content; (3) the violation of any term or condition of this Agreement; (4) the violation of the rights of third parties, including rights of privacy or publicity or intellectual property rights; and (5) the violation of any law, statute, regulation, ordinance, or treaty, whether local, state, provincial, national, or international. Users’ obligation to defend HeartStrong will not provide Users with the ability or right to control HeartStrong’s defense, and HeartStrong reserves the right to control its defense, including, but not limited to, the choice to litigate or settle and the choice of counsel.

    1. Control of Operations

HeartStrong reserves the right to accept, reject, modify, suspend, or delete any User or User-Generated Content at any time and within its sole and absolute discretion.

HeartStrong reserves the right to modify or discontinue the Website or any of its associated services at any time, without notice, and in its sole and absolute discretion.

    1. HeartStrong as Service Provider

You understand and agree that HeartStrong provides a Website service and takes no responsibility and cannot be held liable or responsible for any communication or conduct entered into by or between users of the Website, whether through Accounts or otherwise. HeartStrong makes no representations or warranties as to the truth or falsity of the description of any user’s communication or representations, the legality, quality, or safety of the services offered through the Website or by a user, or the qualifications associated with any Account, Product, or service, including, but not limited to, warranties of title or non-infringement.

Although HeartStrong undertakes commercially reasonable efforts to verify the identity of its Account owners, and users, you understand and agree that HeartStrong cannot be held liable or responsible for any claims, demands, liabilities, damages, awards, judgment, costs, or attorney’s fees arising out of or related to any user’s, Account owner’s, or third party’s failure to: (1) truthfully or accurately disclose their identity or their qualities or qualifications of any product, or services, offered by them; (2) comply with any applicable law, statute, regulation, ordinance, or treaty, whether local, state, national, or international.

You acknowledge and agree that HeartStrong is an interactive computer service provider under Section 230 of the Communications Decency Act. Though HeartStrong may edit, remove, or control the content displayed through the Website, you agree that HeartStrong will not be considered an information content provider and will not be held liable for the republication or tortious content created by third parties, whether through the Website or otherwise.

    1. Acceptable Uses

You agree that you will not use the Website to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website.

Specifically, you are prohibited from:

    1. Transmitting unsolicited commercial email messages through the Website or to users of the Website;
    1. Imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website;
    1. Circumventing HeartStrong’s technological or security protection mechanisms;
    1. Using a robot, spider, scraper, or other automated technology to access the Website;
    1. Attempting to gain access to the private data or personal information of a user of the Website or a third party;
    1. Posting or transmitting content intended to collect personal or personally identifiable information from users of the Website or third parties;
    1. Harassing a user of the Website;
    1. Harassing a third party through your use of the Website;
    1. Posting or transmitting content that threatens or encourages bodily harm or the destruction of property;
    1. Posting or transmitting content that infringes upon the intellectual property rights of other users of the Website or third parties;
    1. Posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter;
    1. Posting or transmitting any content in violation of 18 U.S.C. § 2257.
    1. Payment

HeartStrong is a service provider granting Users access to the Website and to each other’s shared User-Generated Content upon their registering an Account with the website. HeartStrong charges a membership fee when registering an Account with HeartStrong. HeartStrong reserves the right to modify the fees charged to its users and Account-holders at any time and in its sole and absolute discretion. All payments for services, products, information, or otherwise, offered through the Website are non-refundable. You hereby authorize HeartStrong’s payment processing agent to charge your credit card (or other approved payment facility). You further agree to pay all fees and charges on time, and HeartStrong may terminate or disable your access to the Website or your Account if you fail to pay any amount owing to HeartStrong when due. You agree that you will pay all costs of collection, including legal fees, incurred by HeartStrong.

You agree to pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website. All costs and fees are quoted and payable in United States Dollars, and you acknowledge and agree that HeartStrong is not responsible for any foreign transaction fees or other fees charged to you by your financial institution or HeartStrong’s payment processor. You agree that you will not initiate any chargebacks to HeartStrong unless otherwise authorized by HeartStrong in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against HeartStrong.

In the event you dispute the amount or validity of any payments made under this Agreement, you must notify HeartStrong within ten (10) days of any such dispute. You understand that your failure to notify HeartStrong of any dispute within ten (10) days will constitute your express waiver of any claims related to the disputed payment.

    1. Third Party Links

You acknowledge and agree that the Website may contain links to third party websites that are not owned or controlled by HeartStrong. HeartStrong will not be held liable or responsible for the content of third party websites, and you are advised to review the terms of use agreements and privacy policies of those websites.

    1. Term and Termination

This Agreement will remain in full force and effect until terminated under the terms of this Agreement. You may terminate your subscription by notifying HeartStrong through the Contact Us page stating your intent to terminate. HeartStrong may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement.

    1. Disclaimer of Warranties

HEARTSTRONG PROVIDES THE WEBSITE ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHATABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, ACCURACY, OR NON-INFRINGMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO CONSULT WITH AN ATTORNEY TO UNDERSTAND YOUR RIGHTS UNDER THE LAW.

    1. Limitation of Liability

HEARTSTRONG WILL NOT BE HELD LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, DAMAGES, JUDGMENTS, LIABILITIES, COSTS, CHARGES, OR FEES, INCLUDING ATTORNEYS’ FEES, WHETHER IN TORT, CONTRACT, PERSONAL INJURY, OR STRICT LIABILITY, INCLUDING, BUT NOT LIMITED TO, INDIRECT DAMAGES, CONSEQUENTIAL DAMAGES, EXEMPLARY DAMAGES, INCIDENTAL DAMAGES, STATUTORY DAMAGES, SPECIAL DAMAGES, OR PUNITIVE DAMAGES, EVEN IF HEARTSTRONG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

HEARTSTRONG WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE CONTENT OF PROJECTS, PRODUCTS, OR REWARDS. HEARTSTRONG IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF. HEARTSTRONG RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME AND WITHOUT LIABILITY.

    1. Indemnification

You agree to hold harmless, indemnify, and defend HeartStrong, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Website, your registration or use of an Account, your uploading or transmitting of User-Generated Content, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.

Your obligation to defend HeartStrong under the terms of this Agreement will not provide you with the right to control HeartStrong’s defense, and HeartStrong reserves the right to control its defense and choose its counsel regardless of your contractual requirement to defend HeartStrong.

    1. Assignment

You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. HeartStrong may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.

    1. Choice of Laws

This Agreement shall be governed in all respects by the laws of the State of Illinois. You agree that any claim or dispute you may have against Owner must be resolved by a court located in Will County, Illinois. You agree to submit to the personal jurisdiction of the courts located within Will County, Illinois for the purpose of litigating all such claims or disputes.

    1. Severability

If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.

    1. Integration

This Agreement, and its incorporated Privacy and Copyright policies, constitutes the entire agreement between the parties with respect to the use of the Website and its associated services. There are no further understandings, agreements, or representations with respect to the subject matter of this Agreement. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind HeartStrong.

    1. Waiver

You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.

    1. Limitation on Actions

HEARTSTRONG AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.

    1. Reservation of Rights

All rights not expressly granted herein are reserved to HeartStrong.

©2017

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