Welcome to HeartValveSurgery.com, the Heart Valve Interactive Corp. (“Heart Valve Interactive”) web site (the “Site”) which provides several features for heart valve surgery patients including Heart Valve Journals, Adam’s Heart Valve Surgery Blog, The Patient’s Guide To Heart Valve Surgery and The Heart Valve Surgeon Database. "Site" as used within these Terms includes Public Areas (defined below). If you choose to access the Site or make use of any of the information or materials it contains, you agree to be bound by these Terms and Conditions of Use (“Terms”). If you do not agree to all of these Terms, do not use the Site.
Heart Valve Interactive may revise and update these Terms at any time. Your continued usage of the Site will mean you accept those changes.
The Site Does Not Provide Medical Advice
The contents of the Site, such as text, graphics, images, communications, testimonials, information obtained from Heart Valve Interactive's physicians, contributors, and other material contained on the Site or made available through the Site, including without limitation information made available through webinars and other educational forums and blogs made available through the Site, ("Content") are for informational purposes only. The Content does not constitute and is not intended to be a substitute for professional medical advice or attention by a qualified practitioner. The Content cannot and should not be used as a basis for diagnosis or choice of treatment. You cannot rely on the Content to predict a particular medical outcome for you or any other person; as with any medical procedure, individual results will vary. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or procedure. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.
Heart Valve Interactive does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Heart Valve Interactive, Heart Valve Interactive employees, others appearing on the Site at the invitation of Heart Valve Interactive, or other visitors to the Site is solely at your own risk. Physicians featured on the site ("Featured Physicians") may have relationships with health care industry vendors. You are responsible for asking any physician whom you consult about such relationships.
The Site may contain information describing or depicting health or medical conditions or procedures in graphic detail. If you find these materials offensive, you may not want to use the Site.
Ability to Accept Terms
You affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. If you are under 18 years of age, then please do not use the Site.
Heart Valve Interactive is committed to protecting the privacy of children. You should be aware that the Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
Use of Content
Heart Valve Interactive authorizes you to view or download a single copy of the material on the Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright © 2012, Heart Valve Interactive Corp. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain other items accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms by reference.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Heart Valve Interactive or its licensors. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Content and features are subject to change or removal without notice at the editorial discretion of Heart Valve Interactive. All rights not expressly granted in these Terms are reserved to Heart Valve Interactive and its licensors.
If you violate any of these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Liability of Heart Valve Interactive and its Licensors
The use of the Site and the Content is at your own risk.
The Site and the Content are provided on an "as is" and “as available” basis. HEART VALVE INTERACTIVE AND ITS LICENSORS AND FEATURED PHYSICIANS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, IN CONNECTION WITH THE SITE AND YOUR USE OF THE SITE. Without limiting the foregoing, Heart Valve Interactive and its licensors and Featured Physicians make no representations or warranties about the following:
1.The accuracy, reliability, completeness, currentness, or timeliness of the Content provided by Heart Valve Interactive on or through the use of the Site; or
2.The satisfaction of any government regulations requiring disclosure of information on prescription drug products, medical procedures or medical devices referenced on the Site.
In no event shall Heart Valve Interactive, its licensors, Featured Physicians, or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Heart Valve Interactive, its licensors, Featured Physicians, or any third parties mentioned on the Site are advised of the possibility of such damages. Heart Valve Interactive, its licensors, Featured Physicians, or any third parties mentioned on the Site shall be liable only to the extent of actual damages incurred by you, not to exceed the amount paid by you for the services in question during the six (6) month period prior to when such claim arose. Heart Valve Interactive, its licensors, Featured Physicians, or any third parties mentioned on the Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action, otherwise, such claim will be permanently barred. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.
You grant Heart Valve Interactive and all other persons or entities involved in the operation of the Site and the services provided on or through the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. Without limiting the generality of the foregoing, you grant Heart Valve Interactive the right to share information you provide to Heart Valve Interactive with Heart Valve Interactive’s affiliates and with third parties that provide services to Heart Valve Interactive related to the Site, including, without limitation, sponsor or support services available on or through the Site. Heart Valve Interactive cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using Heart Valve Interactive features and services.
You agree that you will not upload or transmit any materials, communications or content of any type (including, without limitation, pictures, blogs, message boards and postings) (collectively, “User Content”) that infringe or violate any rights of any party. By submitting User Content of any kind, you agree that you have the right to submit such User Content and that such User Content is non-confidential for all purposes. You agree that you will be solely responsible for all User Content that you submit to the Site, including the consequences of posting or publishing such User Content.
You also agree that you will not send or transmit to Heart Valve Interactive by email (including through the email addresses listed on the "Contact Us" link) any User Content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Heart Valve Interactive by email, you agree such submission is non-confidential for all purposes.
If you submit to Heart Valve Interactive by email any User Content that includes any business information, idea, concept or invention, you automatically grant or warrant that the owner of such User Content has expressly granted Heart Valve Interactive a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the User Content in any media or medium, or any form, format, or forum now known or hereafter developed. Heart Valve Interactive may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Site or to Heart Valve Interactive by email. We try to answer every email in a timely manner, but are not always able to do so.
Heart Valve Interactive does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Heart Valve Interactive expressly disclaims any and all liability in connection with such User Content. Heart Valve Interactive reserves the right to review all User Content prior to posting it on the Site and to remove any User Content for any reason, at any time, without prior notice, at our sole discretion.
User Content — Image, Video, Audio Files
You agree to only post or upload media (like photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person.
To protect your privacy, you agree that you will not submit any User Content that contains Personally Identifiable Information (like name, phone number, email address or web site URL) of anyone other than yourself.
By uploading any media on the Site, you warrant that you have permission from all persons appearing in such media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission. Uploading media such as images or video of other people without their permission is strictly prohibited.
You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or the Site.
By uploading any media like a photo or video, (a) you grant to Heart Valve Interactive a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes Heart Valve Interactive to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify Heart Valve Interactive and its affiliates, managers, officers, members and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these Terms.
Heart Valve Interactive has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Heart Valve Interactive passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your Heart Valve Interactive account and password; and (3) promptly inform Heart Valve Interactive of any need to deactivate a password.
Heart Valve Interactive Paid Services
If you choose to register for one of Heart Valve Interactive's fee-based services (for example, a subscription service) (collectively, the “Paid Services”), the following additional terms and conditions will apply depending on which service you choose. You should be aware that you must be 18 years or over to register for any Paid Service and that the Paid Services are not intended or designed to attract children under the age of 18. These services do not collect any Personally Identifiable Information from any person we know to be a child under the age of 18.
INFORMATION YOU SUBMIT: You are using the Paid Services at your own risk and you, along with your healthcare provider, are personally responsible for verifying its suitability for your needs.
CHARGES AND BILLING: You are responsible for providing a valid credit card number at the time you register for a Paid Service. You represent and warrant that you are an authorized user of such credit card, and you agree to pay all charges resulting from your Paid Service account at the prices then in effect, including any unauthorized charges incurred prior to your notifying Heart Valve Interactive of such charges. You agree that Heart Valve Interactive may pass your credit card information and related Personally Identifiable Information to its designated service provider(s) for their use in charging you for appropriate services utilized through your account. All Paid Service charges are exclusive of sales or other taxes and you are responsible for payment of any applicable state, local and city taxes. Heart Valve Interactive reserves the right to modify or terminate membership plans, change prices, or institute new charges for any Paid Service at any time with at least thirty (30) days' notice.
MEMBERSHIP TERM AND PRICING: With the exception of trial memberships and special offers, the membership term for a subscription-based Paid Service (a “Subscription Service”) is determined by the level of membership you choose. Unless specified otherwise, your membership to a Subscription Service is automatically renewed following your initial membership period on a monthly basis. You are responsible for all associated monthly renewal fees until notice of cancellation is received by Heart Valve Interactive.
RESTRICTIONS AND LIMITATIONS: When you register for a Paid Service, you may be notified of certain restrictions or limitations applicable to such Paid Service. You hereby agree to abide by any such restrictions and limitations.
CANCELLATION: If you cancel your Subscription Service during your initial membership period, you will not receive a refund for that period. After the initial membership period, you are financially responsible for the monthly membership fee until you notify Heart Valve Interactive that you are canceling your membership. You may cancel your membership for Subscription Services at any time after the initial membership period, and if you are charged for a Subscription Service after your cancellation for such Subscription Service occurs, you will receive a full refund of such amounts. Cancellations become effective the month following the month in which they occur. A membership month begins on the calendar date (e.g., May 15th) when a member subscribes to the Subscription Service and concludes on the day before that calendar date (e.g., June 14th) the following month. Paid Services other than Subscription Services are non-refundable.
You may cancel your membership to a Subscription Service as follows:
By email: send an email to email@example.com from the email account you submitted when registering for the Subscription Service and indicate within the body of the message your intent to cancel. Be sure to include your first and last name and user name.
By U.S. mail: send a brief letter, including your first and last name, user name and email address, and mail it to: Heart Valve Interactive Customer Service, P.O. Box 2450, Redondo Beach, CA 90278, USA, Attn: Subscription Services.
By telephone: dial toll free (310) 622-8739. You will be asked to provide your first and last name, user name, email address or other relevant identifying information.
CONTACT US: Questions or comments regarding Paid Services, including any reports of non-functioning links, should be directed by electronic mail to firstname.lastname@example.org or via U.S. mail to Heart Valve Interactive Customer Service, P.O. Box 2450, Redondo Beach, CA, 90278, Attn: Paid Services. We try to answer every email in a timely manner but are not always able to do so.
If you use publicly available areas of the Site (“Public Areas”), such as a chat room, message board, blog, community posting or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. Heart Valve Interactive, Featured Physicians, and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms:
1.Using a Public Area for any purpose in violation of local, state, national, or international laws;
2.Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
3.Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Heart Valve Interactive in its sole discretion;
4.Posting advertisements or solicitations of business;
5.After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
6.Posting chain letters or pyramid schemes;
7.Impersonating another person;
8.Distributing viruses or other harmful computer code;
9.Harvesting or otherwise collecting information about others, including email addresses, without their consent;
10.Allowing any other person or entity to use your identification for posting or viewing comments;
11.Posting the same note more than once or "spamming"; or
12.Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of Heart Valve Interactive, exposes Heart Valve Interactive or any of its customers or suppliers to any liability or detriment of any type.
Heart Valve Interactive reserves the right (but is not obligated) to do any or all of the following:
1.Record the dialogue in public chat rooms.
2.Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
3.Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms.
4.Terminate a user's access to any or all Public Areas and/or the Site upon any breach of these Terms.
5.Monitor, edit, or disclose any communication in the Public Areas.
6.Edit or delete any communication(s) posted on the Site, regardless of whether such communication(s) violate these standards.
Neither Heart Valve Interactive nor its licensors have any liability or responsibility to users of the Site or any other person or entity for performance or nonperformance of the aforementioned activities.
Advertisements, Searches, and Links to Other Sites
Heart Valve Interactive may provide links to third-party web sites. Heart Valve Interactive also may select certain sites as priority responses to search terms you enter, and Heart Valve Interactive may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Heart Valve Interactive and Featured Physicians do not recommend and do not endorse the content on any third-party websites. Heart Valve Interactive or Featured Physicians are not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements, and do not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Heart Valve Interactive does not recommend or endorse any product, service, test, physician, procedure, opinion or treatment mentioned on the Site.
You agree to defend, indemnify, and hold Heart Valve Interactive, its managers, members, officers, employees, agents, licensors, Featured Physicians, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms or your use of the Site.
Heart Valve Interactive is based in Redondo Beach, California, in the United States of America. Heart Valve Interactive makes no claims that Heart Valve Interactive, the Site or the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
You expressly agree that exclusive jurisdiction for any dispute with Heart Valve Interactive, or in any way relating to your use of the Site, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving Heart Valve Interactive or its affiliates, subsidiaries, employees, contractors, officers, managers, members, telecommunication providers, and content providers.
These Terms are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Notice and Takedown Procedures; and Copyright Agent
If you are a copyright owner or an agent thereof and believe any materials accessible on or from the Site infringe your copyright, pursuant to the Digital Millennium Copyright Act ("DMCA") you may request removal of those materials (or access thereto) from the Site by contacting Heart Valve Interactive's copyright agent (identified below) and providing the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
1.Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2.Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3.Your name, address, telephone number and (if available) email address.
4.A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5.A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
6.A signature or the electronic equivalent from the copyright holder or authorized representative.
Heart Valve Interactive's agent for copyright issues relating to the Site is as follows:
Heart Valve Interactive Corp.
P.O. Box 2450
Redondo Beach, CA 90278
Or call: (310) 622-8739
If you believe that any User Content that you submitted to the Site and was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use such User Content, you may send a counter-notice containing the following information to Heart Valve Interactive's agent for copyright issues:
1.Your physical or electronic signature;
2.Identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;
3.A statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or misidentification; and
4.Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the appropriate federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by Heart Valve Interactive's agent for copyright issues, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Heart Valve Interactive's sole discretion.
In an effort to protect the rights of copyright owners, Heart Valve Interactive maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
Thank you for your cooperation. We hope you find the Site helpful and convenient to use. Questions or comments regarding the Site, including any reports of non-functioning links, should be submitted by email to email@example.com or via U.S. mail to: Heart Valve Interactive Corp., P.O. Box 2450, Redondo Beach, CA 90278.
Adam Pick is a patient, author of The Patient's Guide To Heart Valve Surgery and the founder of HeartValveSurgery.com.