These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with myhearttransplantjournal.com (the “Service”) operated by MY HEART TRANSPLANT JOURNAL. (“us”, “we”, or “our”).
Please read these Terms and Conditions carefully before using the myhearttransplantjournal.com (the “Service”).
Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.
If you breach, violate, fail to follow or act inconsistently with any part of the agreement, we may terminate, discontinue, suspend, and/or restrict your account/profile, your ability to access, visit, and/or use the Service or any portion thereof, and/or the Agreement, including without limitation any of our purported obligations hereunder, with or without notice, in addition to our remedies. In addition, we may curtail, restrict, or refuse to provide you with any future access, visitation and/or use of the services or any other product(s) or service(s) we provide. We reserve the rights in addition to our other remedies, to take any technical, legal, and/or other action(s) that we deem necessary and/or appropriate with or without notice, to prevent violations and enforce the agreement and remediate any purported violations. You acknowledge and agree that we have right hereunder to an injunction without posting a bond to stop or prevent a breach or violation of your obligations under the Agreement.
In the event of any conflict or inconsistency between the terms and conditions of this User Agreement, and any other terms and/or conditions applicable to the Service, we shall determine which rules, restrictions, limitation, terms and/or conditions shall control and prevail in our sole discretion, and you specifically waive any right to challenge or dispute such determination.
Definitions
“You” and “your” refer to you, as a user of the Service. A “user” is someone who accesses, browses or in any way uses the Service. “We,” “us,” and “our” refer to MY HEART TRANSPLANT JOURNAL.
“Content” means text, information, images, photos, graphics, audio, video, location data, and all other forms of data or communication.
“Your Content” means Content that you submit or transmit to, through, or in connection with the Service, such as ratings, reviews, messages, and information that you publicly display or displayed in your account profile.
“User Content” means Content that users submit or transmit to, through, or in connection with the Service.
“Account” means the personalized section of the Website, closed for public access, which is created after the User’s registration. Account is personalized by Your Account name and password.
“Third Party Content” means Content that originates from parties other than MY HEART TRANSPLANT JOURNAL or its users, which is made available in connection with the Service.
Using The Service
We grant you permission to use the Service subject to the restrictions on these terms. Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
Medical Disclaimer
Information contained on this Website is not a substitute for a doctor’s medical judgment or advice. We recommends that you discuss your specific, individual health concerns with your doctor or health care professional. The materials and discussions presented here describe current treatment options and drugs or treatments that may be under study, and are for informational purposes only. Treatment options or donation procedures should be determined by an individual and his or her treating doctor based on the individual’s overall health, age, disease, disease stage, and, if transplant is being considered as a treatment option, the availability of a suitably matched adult donor or umbilical cord blood unit.
The information provided on myhearttransplantjournal.com is designed to support, not replace, the relationship that exists between patient/site visitor and his/her physician.
Registration And Account/Profile Creation
- Registration Information
Certain functions of our Website requires registration and/or set up an account/profile to access, visit and/or use certain portions of the service, or the service as a whole, in which case you may be provided, or required to choose, a password and/or User ID. You must provide us information that is accurate, complete, and current at all times. You may not impersonate someone else, create, claim or use an account for anyone than yourself, provide an email address other than your own, or create multiple accounts. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. WE SHALL HAVE NO LIABILITY ASSOCIATED WITH OR ARISING FROM YOUR FAILURE TO MAINTAIN ACCURATE, COMPLETE OR UP-TO-DATE REGISTRATION INFORMATION, INCLUDING WITHOUT LIMITATION OF YOUR FAILURE TO RECEIVE CRITICAL INFORMATION. WE SHALL NOT BE RESPONSIBLE FOR VERIFYING YOUR REGISTRATION INFORMATION.
You will be solely responsible for maintaining the confidentiality of your registration Information. You may not authorize or permit anyone else to access and/or use your Registration information, or access, visit and/or use the service by use of your account/profile and/or Registration Information.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. Any attempt to do so will be null and void and shall be considered a material breach of the Agreement.
- If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information in your reviews, use the same account information on other sites, or allow other sites to share information about you with MY HEART TRANSPLANT JOURNAL. Please read our Privacy Policy for more information.
You are solely responsible for all access or visitations to, usage of, or activity on, your account/profile including, but not limited to, use of the account/profile by any person who uses your Registration Information, with or without authorization, or who has access to any device on which your account/profile resides or is accessible. You agree to notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
- You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
By creating an account, you agree to receive certain communications in connection with the Service. You can later opt-out of non-essential communications.
User Submission
This Website may contain methods for you to submit content (a “Forum”), such as message boards, discussion groups, chat areas or bulletin boards, posting of messages, stories, images, and other content (“User Submissions”) to the site. However, you are responsible for the content that you post to the service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, publicly perform, publicly display, modify, reproduce, creating derivative works or adaptations from it, incorporating it into advertisements and other works, promoting it, and distribute such Content on and through the Service, as well as allowing other to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person, and (iii) you may not imply that Your Content is in any way sponsored or endorsed by MY HEART TRANSPLANT JOURNAL.
User Content (including any that may have been created by users employed or contracted by MY HEART TRANSPLANT JOURNAL does not necessarily reflect the opinion of MY HEART TRANSPLANT JOURNAL. We reserve the rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) Fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right or another or;, (d) offensive or otherwise unacceptable to us in our sole discretion.
You acknowledge that, by providing you with the ability to view and distribute user-generated on the Service, we are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Service.
DISCLAIMERS OF WARRANTIES
Your use of the Service is at your own discretion and sole risk. The Service is provided on an “AS IS”, “WITH ALL FAULTS” and “AS AVAILABLE” basis, with the express understanding that MY HEART TRANSPLANT JOURNAL. Entities may not monitor, control, or vet user content.
MY HEART TRANSPLANT JOURNAL Entities make no claims or promises about the quality, accuracy, or reliability of the Service, its safety or security, or the site content.
MY HEART TRANSPLANT JOURNAL Entities do not warrant that a) the Service will function uninterrupted, secure or available at any time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements. Accordingly, MY HEART TRANSPLANT JOURNAL. Entities are not liable to you for any loss or damage that might arise, for example, from the website’s in-operability, unavailability or security vulnerabilities or from your reliance on the quality, accuracy, or reliability of the business listings, ratings, reviews (including their content, order, and display), or metrics found on, used on, or made available through the Service.
MY HEART TRANSPLANT JOURNAL Entities make no claims or promises with respect to any third party, such as the businesses or advertisers listed on the Service or the Service’s users. Accordingly, MY HEART TRANSPLANT JOURNAL Entities are not liable to you for any loss or damage that might arise from their actions or omissions, including, for example, if another user or business misuses your content, identity, or personal information, or if you have a negative experience with one of the businesses or advertisers listed or features on the Service, Use of products or services offered by third parties through the site is at your own discretion and risk.
The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, warranties as to the products or services offered by businesses listed on the site, and implied warranties of merchantability, fitness for a purpose, non-infringement or course of performance. No oral or written information of advice provided to you by a representative if one of the MY HEART TRANSPLANT JOURNAL Entities shall create a representation or warranty.
MEDICAL DISCLAIMER
MEDICAL DISCLAIMER: IF THIS IS A MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL EMERGENCY PERSONNEL TO GET PROMPT MEDICAL ATTENTION. DO NOT RELY ON ELECTRONIC COMMUNICATIONS FOR ASSISTANCE IN REGARD TO YOUR IMMEDIATE, URGENT MEDICAL NEEDS. THIS EMAIL IS NOT DESIGNED TO FACILITATE MEDICAL EMERGENCIES. MY HEART TRANSPLANT JOURNAL CANNOT GUARANTEE RESPONSE TIMES IF YOU CHOOSE TO USE THIS EMAIL IN THE EVENT OF A MEDICAL EMERGENCY.
INTELLECTUAL PROPERTY RIGHTS
The contents on our Website as well as it on the whole, including, however, not restricted to, its source code, scripts, text, photographs, animation, video, software, HTML code, web apps, artwork, images and design (collectively, “Website Materials”) are protected by national and international copyright laws and treaties. All copyright and other intellectual property rights in the Website and the Website Materials are either possessed wholly by or are licensed to us.
Such Website Materials are provided for your information and personal use only and are not to be used for purposes of a business or commercial enterprise. You are not allowed to change, publish, issue or otherwise replicate any Website Materials supplied to you or that appears on the pages of this Website without prior receiving our written consent. Any unauthorized copying, alteration, distribution, transmission, performance, display, or alternative use of the Website’s Materials is prohibited.
Full copyright in any Products or other materials delivered to You is retained by us and/or our affiliates and partners.
Links to Third Party Websites
“WE” provide links to other websites that are not owned or controlled by MY HEART TRANSPLANT JOURNAL (“Third Party Websites”). We provide links to Third Party Websites as follows.
- MY HEART TRANSPLANT JOURNAL provides links to Third Party Websites to connect you easily to additional sources of health information or third party services that may be of interest to you. We may not have any business relationship with the party that controls this type of Third Party website and a link to such a site is offered only as a convenience to you.
MY HEART TRANSPLANT JOURNAL is not responsible for the content, security or the privacy practices of Third Party Websites. Please review the privacy statement and any terms of use of each Third Party website you visit. Unless we specifically advise you otherwise, links to Third Party Websites do not constitute or imply endorsement by MY HEART TRANSPLANT JOURNAL of those sites.
USER RESTRICTIONS
The Services and MY HEART TRANSPLANT JOURNAL Contents are offered solely for User’s personal use for the purposes described in this Agreement. Any and all other uses are prohibited. MY HEART TRANSPLANT JOURNAL expressly reserves all its rights and remedies under applicable state and federal laws. MY HEART TRANSPLANT JOURNAL reserves the right, in its sole discretion, to refuse service, terminate Accounts, remove or edit content, or deny access to the Services. You agree not to (and not to allow any third party to): (1) use any robot, spider, scraper, or other automatic or manual device, process, or means to access the Services or copy any its Content, except as expressly authorized by Us; (2) take any action that imposes or may impose (in MY HEART TRANSPLANT JOURNAL sole determination) an unreasonable or a disproportionately large load on the Services or OUR infrastructure; (3) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services; (4) rent, lease, copy, provide access to or sublicense any portion of the Services or MY HEART TRANSPLANT JOURNAL Content to a third party; (5) use any portion of the Services or OUR Content to provide, or incorporate any portion of the Services or MY HEART TRANSPLANT JOURNAL Content into, any product or service provided to a third party; (6) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to MY HEART TRANSPLANT JOURNAL); (7) modify any Services or MY HEART TRANSPLANT JOURNAL or create any derivative product from any of the foregoing; (8) remove or obscure any proprietary or other notices contained in the Services or MY HEART TRANSPLANT JOURNAL; (9) use the Services or MY HEART TRANSPLANT JOURNAL Content for any illegal purpose; or (10) publicly disseminate information regarding the performance of the Services or MY HEART TRANSPLANT JOURNAL or access or use the Services or MY HEART TRANSPLANT JOURNAL for competitive analysis or benchmarking purposes.
TERMINATION
MY HEART TRANSPLANT JOURNAL may suspend your ability to use all or any element of the Services or may terminate this Agreement effective immediately, without notice or explanation. Without limiting the foregoing, MY HEART TRANSPLANT JOURNAL may suspend your access to the Services if we believe you to be in violation of any part of this Agreement (including any MY HEART TRANSPLANT JOURNAL Policies). After any suspension or termination, you may or may not be granted permission to use the Services or re-establish an Account.
LIMITATION OF LIABILITY
IN NO EVENT SHALL OUR SERVICES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR; ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY CUSTOMER OR OTHER THIRD PARTY, AND/OR; ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR SITE. WE MAY PROVIDE LINKS TO THIRD PARTY WEBSITES AS WELL AS ADVERTISEMENTS. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR SITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. THESE THIRD PARTY SITES HAVE THEIR OWN PRIVACY POLICIES. We ENCOURAGE YOU TO REVIEW THE PRIVACY POLICIES OF WEBSITES YOU CHOOSE TO LINK TO FROM SITE SO THAT YOU CAN UNDERSTAND HOW THOSE WEBSITES COLLECT, USE, AND SHARE YOUR INFORMATION. WE ARE NOT RESPONSIBLE FOR THE PRIVACY POLICIES OR OTHER CONTENT ON WEBSITES OUTSIDE OF THE SITE. AS A PROVIDER OF ONLINE SERVICES, WE ARE NOT LIABLE FOR ANY STATEMENTS, REPRESENTATIONS OR CONTENT PROVIDED BY ITS USERS IN ANY PUBLIC FORUM, BLOG, OR OTHER INTERACTIVE AREA, EVEN IF WE HAVE BEEN ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
WE FURTHER DO NOT WARRANT THAT ITS SERVICE WILL BE SECURE OR UNINTERRUPTED; THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THESE MATERIALS WILL BE ACCURATE AND COMPLETE. WE MAY MAKE CHANGES TO THESE MATERIALS AT ANY TIME WITHOUT NOTICE. WE MAKE NO COMMITMENT TO UPDATE THE MATERIALS. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY US, ITS EMPLOYEES, LICENSORS, OR THE LIKE, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
ALTHOUGH OUR HEALTH INFORMATION CONTENT IS REVIEWED AND APPROVED BY HEALTHCARE PROFESSIONALS, MY HEART TRANSPLANT JOURNAL DOES NOT GUARANTEE THE ACCURACY, ADEQUACY, OR COMPLETENESS OF ANY INFORMATION AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION.
We are not responsible for any problems or technical malfunction of any communication network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or through any of Our Services or combination thereof, including any injury or damage to Customer or to any person’s computer related to or resulting from participation or downloading materials (for the purpose of viewing only), in connection with our Services Governing Law
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION
You accept to discharge and hold our employees, directors, agents, affiliates/partners, officers, shareholders, representatives, subsidiaries, agencies connected with advertising and promotion fulfilment, us, all third-party providers of information/data sources harmless of all and any damages, rights, losses, claims and actions which may rise from or in any way relate to the text materials, which may include but not be limited to: (a) unsuccessful, imperfect, distorted or late transmission of computer; (b) electronic, software, hardware, Internet, network, phone, email, computer failures, difficulties or breakdowns of any kind; (c) any kind of damages, losses, injuries rising from or connected to the use of our Services; (d) any kind of condition or disorder triggered by any events that our out of our control, which may have caused the late, corrupted or disrupted delivery of the text material; or (e) any kind errors connected with typography or print of any of the materials in connection to our Service.
Additionally, you accept to indemnify, defend and hold us unharmed from any possible demand or suite, claim, which may include those of attorney fees, created by a third party because of your use of our Service, your breach of violation of any part of these Terms of Use or any rights of a third party, any other omission or act by you.
Availability, Errors and Inaccuracies
We cannot and do not guarantee the accuracy or completeness of any information, including, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Technical Requirements
Use of the Services requires Internet access through your computer or mobile device. You are responsible for all mobile carrier charges resulting from your use of the Services, including from any notifications provided by the Services. MY HEART TRANSPLANT JOURNAL does not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers.
ADVERTISING
MY HEART TRANSPLANT JOURNAL and its licensees may publicly display advertisements and other information on the website. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertisement are subject to change without specific notice to you.
Modifications to Services
MY HEART TRANSPLANT JOURNAL reserves the right, in its sole discretion, to modify the Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the MY HEART TRANSPLANT JOURNAL website. MY HEART TRANSPLANT JOURNAL shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the Services.
SEVERABILITY
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
ASSIGNMENT
This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by User, but may be freely transferred, assigned, or delegated by MY HEART TRANSPLANT JOURNAL.
WAIVER
Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
GOVERNING LAW
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of California and the laws of the United States, as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
CHANGES
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 15 days notice prior to any new terms taking effect. We will also indicate at the bottom of this page the date that the revisions were last made. What constitutes a material change will be determined at our sole discretion. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modifications will be effective upon our posting of new terms.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.