TERMS OF USE
TERMS AND CONDITIONS OF USE
(Please Read Carefully)
Welcome to www.Cardiocom.com. As used in these Terms and Conditions of Use (“Terms”), the term “this Website” means this website and all pages and content within this website.
Use and Acceptance
Cardiocom, LLC (“Cardiocom”) provides you with access to this Website, and the services provided by and through this Website (the “Service” or “Services”) subject to these Terms. Please read these Terms carefully. By accessing or using this Website or any Service or Services, you agree without restriction to be bound by Terms and signify your agreement to, and acceptance of, all of these Terms. If you do not agree to follow and be bound by these Terms, you may not access, use or download materials from this Website, and you must exit this Website immediately.
Not Medical Advice
Cardiocom is not engaged in the practice of medicine, whether by and through this Website or otherwise. Neither the information contained in this Website, nor any of the Services, constitutes the practice of medicine or medical advice. Neither the information in this Website, nor any of the Services, are intended as a substitute for medical advice.
The information presented in this Website is general in nature and specifically disclaims any claims about the efficacy and safety of any product or Services. This Website does not intend to be complete or exhaustive and it does not consider your individual health situation or medical condition. You should not use any information in this Website as a means of diagnosing a medical condition or as a means of determining the treatment for any medical condition.
For the avoidance of doubt, visitors to this Website agree to not rely on information on this Website for individual health purposes and will only rely on health information from a health care professional. In the event of an emergency, call your doctor, 911, or your local emergency number.
Nature of Information
The content of this Website is presented on an “as is” and “as available” basis, without any warranty whatsoever, whether express or implied. You have no assurance, and Cardiocom makes no representations or warranties, that any information presented in this Website is reliable, accurate, timely, useful or complete. Under no circumstance will Cardiocom be liable or responsible to you for any errors or omissions in any information contained in this Website. CARDIOCOM HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, OF ANY TYPE, KIND, NATURE OR DESCRIPTION WHATSOEVER, WHETHER EXPRESS OR IMPLIED AND INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, WITH REGARD TO ANY INFORMATION CONTAINED IN THIS WEBSITE.
No Liability
If you choose to use this Website or any of the Services, you must do so at your own risk. Under no circumstance will Cardiocom be liable to you for, and you hereby knowingly and voluntarily release Cardiocom from any claim relating to, any loss or damage that you might directly or indirectly suffer (including, without limitation, incidental, special, consequential, or punitive damages, lost profits, and damages resulting from lost data or business interruption) as a result of: (a) your use of this Website or any Service, (b) your inability to use this Website or any Service, irrespective of the cause of that inability, (c) any delay in or interruption of your use of this Website or any Service, irrespective of the cause of that delay or interruption, (d) any corruption of any data that is transmitted by you to Cardiocom via this Website, transmitted by Cardiocom to you via this Website, or transmitted by Cardiocom to you by any method whatsoever, (e) your reliance upon any information presented in this Website, (f) your use of any Website to which this Website may be linked, your use of any service provided by and through any such Website, your reliance upon any information presented in any such Website, or your purchase of any product by way of any such Website, (g) the transmission of any virus, worm or other corruptive, contaminating or destructive property or device from this Website to any computer that you may use to access or communicate with this Website, (h) any intentional or unintentional disclosure or publication of any information transmitted by you to Cardiocom by way of this Website or in connection with any Services, or (i) any other act, omission, matter or thing whatsoever having to do with this Website or any Service.
Links
Cardiocom may include or post links to other websites within this Website. Cardiocom is not responsible for the content of such linked websites or any of the products or services offered or provided by or through such linked websites, including information related to Cardiocom products or services, and you should not consider the posting of any such link as an endorsement by Cardiocom of the linked website. Cardiocom makes no representations or warranties as to the accuracy or reliability of any information presented in the linked website or any product or service offered by and through the linked website.
Further Restrictions on Your use of this Website
You will use this Website only for lawful purposes. In connection with your use of this Website or any Services, you will not engage in any conduct that, in any manner, inhibits or interferes with the ability of any other user to use this Website or the use of any Services including, without limitation, the defacing of any portion of this Website or engaging in any so-called “spamming” activity. You will not communicate with, on or through this Website in any unlawful, harmful, offensive, threatening, abusive, libelous, defamatory, obscene, profane, pornographic, sexually explicit, vulgar, bigoted or otherwise objectionable manner, including, without limitation, any manner that encourages activity that would constitute a criminal offense, give rise to civil liability or violate any law. Your use of this Website and any Service is at the pleasure of Cardiocom, and Cardiocom may terminate your right to use this Website or any Service at any time and for any reason, in its sole and absolute discretion and without notice to you.
Your Feedback, Comments, Suggestions, Ideas, And Any Communications Made through the “Contact Us” Portion of this Website
You agree that any information that you submit to Cardiocom through or in connection with this Website is non-confidential and non-proprietary. If you communicate or transmit any ideas, information, concepts, techniques, know-how or materials to Cardiocom through this Website, you hereby grant Cardiocom a perpetual, unconditional, unrestricted, irrevocable, fully paid and royalty free license to use and exploit the same in any manner and for any purpose, without any right to compensation from Cardiocom and free of all moral, intellectual property, proprietary, trade secret, and other rights.
Intellectual Property Rights
All of the intellectual property relating to this Website, including, without limitation, all copyrights in and to the content of this Website, belongs to Cardiocom. In no event and in under no circumstances will any rights or interests in or to any of such intellectual property transfer to you.
Except as otherwise indicated as to particular content of this Website, this Website is the copyrighted property of Cardiocom and is protected by United States copyright laws, state copyright laws and international treaties. None of the content of this Website may be copied or disseminated by you in any manner.
No portion of this Website, including, without limitation, any structure, text, graphics, designs, algorithms, object code, source code or creative works may be reverse engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system or transferred or translated into any electronic, mechanical, computer, photographic, recordation or other media.
If you use any content or intellectual property relating to this Website that is not allowed under these Terms, you are violating these Terms, and may be violating copyright, trademark, and other laws. In the event that such use and violation occurs, in Cardiocom’s sole discretion, your permission to use this Website may be revoked.
Privacy Protection
Personal data collected during visits to this Website is processed and handled by Cardiocom in accordance with applicable law. As noted above, this Website may include links to other websites. Cardiocom has no responsibility or liability for or relating to the privacy policies of any other website, or the manner in which any data is collected or handled by any other website.
Processing and Collection of Data
When you visit this Website, Cardiocom servers and equipment may automatically record the following personal information and data: websites from which you visit this Website, the name of your internet service provider, the websites you visit, the date and length of your visit, and any personal or identifying information you send Cardiocom through the “Contact Us” portion of this Website or any other portion of this Website. When you visit this Website, Cardiocom servers and equipment may automatically record the following non-personal information and data: the links you click on from this Website, the search terms you use, the date and time you access this Website, which pages you visit on this Website, any internet address of websites from which you linked directly to this Website, the name of the domain from which you access the internet, and the type of web browser software you use. Cardiocom may use cookies and active components (e.g. JavaScript) to track the preferences of visitors to this Website and optimize this Website and other Cardiocom websites accordingly. Cardiocom may use non-personal information for any purpose, without limitation. Cardiocom may use personal information to respond and communicate with you, personalize access to this Website, send you information on new products or information on features of this Website that may be of interest to you, maintain records, enforce rules contained within these Terms, protect Cardiocom property rights, protect the health, safety and welfare of others, to prepare, negotiate and perform a contract with you, establish or preserve a legal claim or defense, and to prevent fraud or other illegal activities. Your individual, identifiable, personal data will not be disclosed to third parties that are not affiliated with Cardiocom without your consent. Please note that certain areas of many websites may not function properly if you reject a cookie.
Security
Cardiocom uses security measures to protect the data it obtains through this Website against loss, destruction, manipulation, unauthorized disclosure and access by unauthorized persons. However Cardiocom does not, and cannot, guarantee that personally identifiable information that you submit to or through this Website, or that is collected on this Website, will be secure.
Children
Consistent with the federal Children’s Online Privacy Protection Act of 1998 (COPPA), Cardiocom will never knowingly request personally identifiable information from anyone under the age of thirteen (13) without requiring parental consent. Any person who uses this Website or provides their personal information to Cardiocom through this web site represents that they are thirteen (13) years of age or older.
Governing Law and Jurisdiction
Your use of this Website or any Services, and the Terms, will be governed by the laws of the State of Minnesota, without regard to the laws of any jurisdiction that concern conflicts of laws. Any dispute relating to your use of this Website or any Service or the interpretation or enforcement of the Terms will be brought and resolved in state or federal courts located in the State of Minnesota. You consent and submit to the personal jurisdiction of the courts in the State of Minnesota.
Severability
If for any reason any provision of these Terms is determined to be unenforceable or invalid, such provision or such part thereof as may be unenforceable or invalid will be deemed severed from these Terms, and the remaining provisions of these Terms will be carried out with the same force and effect as if the severed provision or part thereof had not been a part of these Terms.
No Waiver
No waiver of any of these Terms will be deemed a further or continuing waiver of any of these Terms or any other term, condition, policy, or rule included in this Website.
Hold Harmless
If you violate these Terms or any other term, condition, policy, or rule included in this Website, you agree to hold Cardiocom harmless from and against losses, costs, damages and liability resulting from such violation.
Paragraph Headings
Paragraph headings have been used in these Terms for convenience purposes only. They are not a part of the provisions to which they relate and they will not limit the scope of the provisions to which they relate.
Modification of Content or Terms
Cardiocom may add content to this Website, delete content from this Website or modify any of the content of this Website at any time and for any reason without notice to you or any other person.
Cardiocom may add, modify or amend these Terms at any time and for any reason without notice to you or any other person. You must review these Terms each time you enter this Website. By viewing content on this Website or using this Website, you accept the most recent version of these Terms.
You accept and agree to all other rules and policies related to this Website. You may also be subject to additional terms that may apply when you access certain areas or materials on this Website, or by following a link from this Website.
Invitation
Subject to these Terms, Cardiocom invites you to explore and enjoy this Website.