DISCLAIMER
WEBSITE TERMS AND CONDITIONS OF USE
This page states the Terms and Conditions under which you may use this
Website. Please read this page carefully and consult your attorney if there is
anything contained in the Terms and Conditions which you have difficulty
understanding.
If you do not accept these Terms and Conditions or if you do not understand
all or part thereof, please leave this web site. CardiacNutrition.com. ("CardiacNutrition")
may modify these Terms and Conditions at any time at its discretion by updating
this posting. You must review this page periodically to review the Terms and
Conditions because they govern your use of this Website and are binding upon
you. In the event that an important revision is made, CardiacNutrition.com will
attempt to notify its users via the Website and by email, but if you fail to
take note of the revision, you will nonetheless be bound by the revised Terms
and Conditions.
THIS WEBSITE IS MADE AVAILABLE TO USERS ON THE BASIS OF THESE TERMS AND
CONDITIONS AND OF ANY SUBSCRIPTION FEE, IF APPLICABLE. YOUR USE OF THIS WEBSITE,
WHICH IS CONDITIONAL UPON YOUR CLICKING "I AGREE," SIGNIFIES YOUR ACCEPTANCE OF
THESE TERMS AND CONDITIONS.
Article 1 Purpose of Website
This Website, as well as the contents of this Website, including all
information, text, graphics, images, hyperlinks and other material including
user contributions (the "Materials"), are for general educational purposes only
and are not intended to be used for the purposes of providing medical treatment
or attention or making medical or health-related decisions. This Website is not
a substitute or replacement for medical advice. If you are seeking medical
advice, we encourage you to consult a physician or other medical professional.
CardiacNutrition.com, its affiliates, agents, directors, editors, employees,
licensors, officers and web sponsors (collectively, the "CardiacNutrition.com
Entities") do not endorse any statements or opinions made in the Materials.
CardiacNutrition.com makes no claim to expert knowledge in the fields of medicine,
pharmacology, diagnostic imaging, physiology or any other health-related field
and is not able to determine the truthfulness, accuracy, reliability, currency
or completeness of the Materials.
CardiacNutrition.com will attempt, where possible, to identify on the Website
the authorship of the Materials. However, such information may not be possible
to verify and there can be no assurance that such identification will be
accurate in all cases.
The CardiacNutrition.com Entities do not take any responsibility for the
Materials and will not be responsible for any damages to users of the Website,
however caused. The views expressed in the Materials are those of the authors
and are not necessarily those of the CardiacNutrition.com Entities. Information in
the Materials may not be current and may be superseded by more recent
information published by CardiacNutrition.com or by other parties. USE OF THE
WEBSITE OR ITS MATERIALS AND ANY RELIANCE ON THEM WILL BE AT YOUR OWN RISK.
As a user of the Website, you are responsible for your own communications and
are responsible for the consequences of posting those communications. As a user
of the Website, you will be entitled to a number of communication and storage
functions. They will include at least the following capabilities: (a) send
signed messages to online community bulletin boards, (b) phone in audio messages
under your name for posting to online community bulletin boards, (c) conduct a
private exchange by email with any other contributor to an online community
bulletin board, (d) print out one copy of displayed Materials for your personal
use, (e) store your bookmarks, record of searches, and usage statistics
centrally, i.e., on the Website itself, and (f) submit self-authored texts,
images, and audio files to CardiacNutrition.com for consideration for publication
on the Website. Note that you are responsible for carrying out all of these
functions and are responsible for any consequences which may ensue.
CardiacNutrition.com does not screen in advance any of the above kinds of activity
and does not accept any responsibility for the Material posted on the Website.
It will, however, attempt to respond to complaints by other users if any item of
Material is found to be in breach of physician-client confidentiality,
offensive, deliberately misleading, or to be wrongly attributed with regard to
authorship or otherwise violate the intellectual property rights of any person.
CardiacNutrition.com will be entitled to use any such communications without
payment of any kind to you.
You acknowledge that the Website contains content that is protected by
copyrights, trademarks and other intellectual property and proprietary rights
(the "Rights"). As a user of the Website, you warrant that you will not upload
on the Website any Material that would infringe the Rights of any person,
including, but not limited to, doctor/patient confidentiality, or that is
libelous, defamatory, obscene, pornographic, illegal or otherwise objectionable
or would give rise to liability or violate any law. The burden of determining
the foregoing rests with you.
By uploading Material on the Website, you grant CardiacNutrition.com and its
affiliates a royalty-free, perpetual, irrevocable, non-exclusive right to use,
reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, communicate to the public, perform and display the content (in whole
or in 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. CardiacNutrition.com will preserve the best available record of authorship
and display this record whenever the Material is displayed or published. You
also permit any other user of the Website the right to view and make one
paper-based copy of the material solely for his or her personal, non-commercial
use.
Article 2: No Warranties or Liability
|
(A) |
In determining which
materials to publish on our Website, CardiacNutrition.com consults sources
which CardiacNutrition.com believes to be reliable; however, due to the
possibility of errors, CardiacNutrition.com cannot represent or warrant that
such information is complete or accurate, and we do not assume any duty to
update such information subsequent to the date of its publication.
Accordingly, the CardiacNutrition.com Entities make no representations or
warranties of any kind regarding this Website or the Materials, all of which
are provided on an "AS IS" and "WHEN AVAILABLE" basis. The
CardiacNutrition.com Entities disclaim all representations and warranties,
including any implied warranties and conditions of merchantable quality,
non-infringement and fitness for a particular purpose, including, without
limiting the foregoing, the suitability of the Materials as a basis for
medical decisions. The CardiacNutrition.com Entities make no representation or
warranty as to the accuracy, reliability, veracity, completeness or
suitability of the Materials or about the results to be obtained using the
Materials. |
|
(B) |
CardiacNutrition.com
offers access to the Website together with the communication and storage
functions described above on a 24-hour-per-day, 365-days-per-year basis.
However, the nature of the Internet is such that access and services may be
interrupted at any time, with or without warning, and centrally stored data
may be lost or damaged. You agree that the CardiacNutrition.com Entities and
any third party mentioned in this Website will not be responsible for any
loss or damage (including, without limitation, direct, indirect, incidental,
special or consequential damages) or loss of data or loss of profit that is
caused by interruptions of service, loss of centrally stored data or
otherwise, even if the CardiacNutrition.com Entities or any third party
mentioned in this Website has been advised of the possibility of such damage
or loss. |
|
(C) |
IN NO EVENT WILL THE
CardiacNutrition.com ENTITIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION
MADE OR ACTION TAKEN (OR NOT TAKEN) BY YOU IN RELIANCE ON THE MATERIALS
POSTED TO THIS WEBSITE. |
Article 3: Links to Other Sites
This Website may contain links to other Websites which are provided solely as a
convenience to you and not as an endorsement, recommendation or certification by
the CardiacNutrition.com Entities of the contents of such other Websites. The
CardiacNutrition.com Entities will not be responsible for the content of any such
Websites (including, without limitation, those sites that provide links to this
Website) and do not make any representations or warranties regarding any other
Websites or the contents or materials on such Websites. If you decide to access
other Websites, you do so solely at your own risk.
Article 4: Use of Materials
CardiacNutrition.com authorizes you to view and make one paper-based copy of those
Materials that have been copyrighted by CardiacNutrition.com, its staff, editors,
and contracted contributors, or for which other users have granted permission
and that shall be solely for your personal, non-commercial use. Materials that
have been contributed in the context of the public discussion areas of the site,
such as (a) and (b) in Article 1 above, will not be considered to be copyrighted
unless explicitly marked as such at the time the item is uploaded.
Unauthorized use of the Materials may violate applicable copyright, trademark
or other intellectual property laws or other laws. You must retain all copyright
and trademark notices, including any other proprietary notices, contained in the
Materials on any reproduction of all or part of the Materials. You are
prohibited from selling or modifying the Materials, and from reproducing,
displaying, performing, distributing or otherwise using the Materials in any way
for any purpose except as you may be specifically authorized under these Terms
and Conditions. The use of the Materials on any other Website or in any
environment of networked computers is prohibited. If you violate any of the
Terms and Conditions, your permission to use the Website and/or the Materials
automatically terminates and you are required to destroy any copies of the
Materials which you have made.
Article 5 Indemnity
You agree to defend, indemnify and hold harmless the CardiacNutrition.com
Entities, as well as any third parties mentioned at this Website, from and
against any and all claims, actions or demands, including without limitation
reasonable legal and accounting fees, arising out of or resulting from your use
of the Website and the Materials or your breach of these Terms and Conditions.
Article 6 Copyrights and Copyright Agent
CardiacNutrition.com respects the intellectual property of others, and we ask our
users to do the same. CardiacNutrition.com has adopted and implemented a policy
that provides for the termination in appropriate circumstances of users who
infringe the rights of copyright holders. If you believe that your work has been
copied in a way that constitutes copyright infringement, please provide
CardiacNutrition.com' Copyright Agent with the following information required by
the U.S. Online Copyright Infringement Liability Limitation Act of the Digital
Millennium Copyright Act, 17 U.S.C. § 512:
- an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material you claim is infringing is located on
the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above
information in the notification is accurate and that you are the copyright
owner or authorized to act on behalf of the copyright owner.
CardiacNutrition.com' Copyright Agent for Notice of claims of copyright
infringement on its site is
Article 7 Applicable Law
These Terms and Conditions are governed by the laws of the State of New York and
the laws of the USA applicable therein without reference to any conflict of law
principles. If any provision of these Terms and Conditions shall be unlawful,
void, or for any reason unenforceable, then that provision shall be deemed
severable from these Terms and Conditions and shall not affect the validity of
any remaining provisions. These Terms and Conditions constitute the entire
agreement between you and CardiacNutrition.com and may only be modified by
CardiacNutrition.com at its discretion.
