Terms & Conditions

Last Updated: August 1, 2023

Introduction

These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with the HeartWell website (the "Service") operated by HeartWell ("us", "we", or "our").

Please read these Terms and Conditions carefully before using our Service. Your access to and use of the Service is conditioned 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. If you disagree with any part of the terms, then you may not access the Service.

Use of the Site

Permitted Use

HeartWell grants you a non-exclusive, non-transferable, revocable license to access and use the Service strictly in accordance with these Terms. The Service is intended for personal, non-commercial use.

Prohibited Activities

You agree not to engage in any of the following activities:

  • Use the Service in any way that violates any applicable local, state, national, or international law or regulation
  • Use the Service for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service
  • Attack the Service via a denial-of-service attack or a distributed denial-of-service attack
  • Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service
  • Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose
  • Use any device, software, or routine that interferes with the proper working of the Service
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
  • Attempt to reverse engineer, disassemble, or decompile any parts of the Service
  • Impersonate or attempt to impersonate HeartWell, a HeartWell employee, another user, or any other person or entity

User Accounts

When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property Rights

Service Content

The Service and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of HeartWell and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of HeartWell.

User Content

By posting, uploading, inputting, providing, or submitting content to the Service ("User Content"), you grant HeartWell a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content in connection with providing the Service.

You represent and warrant that: (i) you own the content or 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.

User Conduct

Our Service may provide you with the opportunity to participate in blogs, forums, and other interactive features. You agree to adhere to the following standards of conduct when using these features:

  • Be respectful of others; do not engage in personal attacks, harassment, or hate speech
  • Do not post any content that is obscene, pornographic, sexually explicit, or otherwise offensive
  • Do not post any content that promotes discrimination, racism, sexism, or any other form of prejudice
  • Do not post any content that infringes on the intellectual property rights of others
  • Do not post any content that is false, misleading, or deceptive
  • Do not use the interactive features for commercial solicitation or advertising
  • Do not post any content that contains personal or sensitive information about others

HeartWell reserves the right, but not the obligation, to monitor and remove or edit any content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable.

Limitation of Liability

In no event shall HeartWell, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  1. Your access to or use of or inability to access or use the Service;
  2. Any conduct or content of any third party on the Service;
  3. Any content obtained from the Service; and
  4. Unauthorized access, use or alteration of your transmissions or content,

whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Medical Disclaimer

The content provided on HeartWell is for informational and educational purposes only and is not intended as medical advice. The information provided should not be used for diagnosing or treating a health problem or disease. It is not a substitute for professional care. If you have or suspect you may have a health problem, consult your healthcare provider.

HeartWell does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Service. Reliance on any information provided by HeartWell, HeartWell employees, others appearing on the Service at the invitation of HeartWell, or other visitors to the Service is solely at your own risk.

Indemnification

You agree to defend, indemnify, and hold harmless HeartWell, its parent company, officers, directors, employees, and agents, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User Content, any use of the Service's content, services, and products other than as expressly authorized in these Terms.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Maryland, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Changes to Terms

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 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

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.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Contact Us

If you have any questions about these Terms, please contact us: