Terms of Use

Print  |  
Wednesday, March 28, 2007
TCTMD's Terms and Conditions of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
By using this site, you are deemed to have agreed to these terms and conditions of use. The TCTMD Web site (this "Web site" or the "TCTMD Web site") is operated by the Cardiovascular Research Founation ("CRF") for your and others' personal, noncommercial enjoyment, subject to the terms of these terms and conditions of use and all modifications thereto ("Terms and Conditions"). CRF may change the Terms and Conditions from time to time and at any time, and without actual notice to you. You should check these Terms and Conditions periodically for changes. By using this Web site after we post any changes to these Terms and Conditions, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms and Conditions, please do not use this Web site.

THIS WEB SITE IS NOT A SUBSTITUTE FOR MEDICAL ATTENTION

This Web site, including any and all information, product information, data, text, music, sound, photographs, graphics, video, messages or other materials ("Content") that may appear thereon, is intended for general educational and informational purposes only and is not intended to be used to make medical or health-related decisions.

Physicians - The Content on this Web site is not a substitute for professional judgment in diagnosing and treating patients. TCTMD does not give medical advice, nor does it provide medical or diagnostic services. Your reliance upon Content obtained by you at or through this Web site is solely at your own risk.

Patients - The information on this Web site is not a substitute for, nor does it supersede professional medical advice. If you are seeking medical advice, you should consult a physician or a qualified health provider. Never hesitate in seeking medical attention based on any Content you may view on this Web site. Your reliance upon Content obtained by you at or through this Web site is solely at your own risk.

USER CONDUCT

CRF grants you a non-exclusive, non-transferable, limited right to access, use and display this Web site and the materials thereon, provided that you comply with these Terms and Conditions. By posting Content in or accessing and using any communications service, message board, newsgroup, or other interactive service available to you on or through this Web site, you agree that you are the sole person responsible for your own communications and the consequences of posting your communications; you, and not CRF, are entirely responsible for the accuracy, completeness and ownership of all Content that you upload, post, e-mail or otherwise transmit via this Web site.

Notwithstanding the foregoing, by using this Web site you agree to not use this Web site to:

  • Upload, post, email or otherwise transmit any Content that is unlawful, harmful, tortious, defamatory, obscene, libelous, deceptive, fraudulent, invasive of another's privacy, or hateful;

  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through this Web site;

  • Upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

  • Upload, post, email or otherwise transmit any promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

  • Upload, post, email or otherwise transmit 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 hardware or telecommunications equipment or any other similarly destructive activity;

  • Harvest, collect or store information about the users of this Web site; or

  • Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to all export rules and regulations.

You acknowledge and agree that CRF may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of CRF, its users and the public.

REGISTERED USERS

CRF reserves the right, in its sole discretion, to limit certain areas of this Web site to registered users, and require use of a password to access these areas. You agree to (1) maintain the confidentiality of your password, (2) prevent other users from using your password, and (3) notify us of any unauthorized use of your password.

MONITORING CONTENT

You agree that CRF has the right, but not the obligation, to monitor Content posted on this Web site at any time for any reason in its sole discretion to determine compliance with these Terms and Conditions and any other operating rules that CRF may establish from time to time. Notwithstanding this right of CRF, CRF does not and cannot review all Content, and CRF is not responsible for any Content on this Web site. CRF reserves the right at all times to edit, disclose, refuse to post, request removal of or remove any Content as may be necessary to comply with any law, regulation or government or agency request (including, but not limited to patient-physician confidentiality requests) or if, in CRF's sole discretion, such Content is objectionable or in violation of these Terms and Conditions.

Any or all postings on this Web site may be purged periodically at CRF's sole discretion. You acknowledge and agree that Content you view or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by CRF or its third party suppliers, or Content that is submitted to CRF. You further acknowledge and agree that the views expressed on this Web site do not necessarily reflect the views of CRF, and CRF does not support or endorse any statements, opinions, Content or otherwise posted on this Web site.

The views expressed on this Web site are those of the authors. CRF is not responsible for the accuracy, appropriateness, reliability, timeliness or usefulness of any statements, opinions or the Content on this Web site.

RESTRICTIONS ON USE OF MATERIAL

CRF owns, controls, licenses or has the right to use and provide this Web site and all material on this Web site, including, without limitation, all Content. This Web site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. CRF is the owner of the copyright in the entire Web site and owns a copyright in the selection, coordination, arrangement and enhancement of this Web site. You agree to abide by any and all copyright notices, information or restrictions displayed on this Web site.

You may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, or in any way exploit this Web site or any portion thereof for any public or commercial use without the express written permission of CRF. You may download one (1) copy of Content from this Web site, or multiple copies of "Factoids" for your personal use only, provided that you maintain all copyright and other notices contained in such Content, including, without limitation, trademarks and service marks of CRF and its third party suppliers or the copyright holder identified in the individual Content's copyright notice. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any such downloaded Content. If, with permission, you copy, redistribute or publish material from this Web site, you shall not change or delete any author attribution, trademark, legend or copyright notice.

UNSOLICITED MATERIALS

In operating this Web site, CRF does not solicit nor does it wish to receive any confidential, secret or proprietary information. Any information or material submitted or sent to CRF will be deemed not to be confidential or secret. By submitting or sending information or other material to CRF you represent and warrant that the information is original to you and that no other party has any rights to the material, including but not limited to, intellectual property rights.

USER'S GRANT OF LIMITED LICENSE

By submitting or sending information or other material to CRF you grant CRF the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, sub-license and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

LINKED SITES

This Web site contains links to and advertisements for other sites on the Internet that are owned and operated by third parties ("Linked Sites"). CRF is not responsible for the content, availability, products, policies or practices, including but not limited to any privacy policy, of any Linked Site, any site that links to TCTMD or of any sponsor, partner or advertiser who advertises on TCTMD. Additionally, links to and from Linked Sites do not constitute any endorsement by CRF or its third party suppliers of such Linked Sites or the materials contained therein. Links do not imply that CRF is affiliated or associated with such sites. In no event shall CRF be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the use of any Linked Site or the information or material accessed through a Linked Site.

It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. You should direct any concerns to that site's administrator or webmaster. CRF reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the TCTMD Web site and/or introduce different features or links to different users.

CHILDREN UNDER 13

This Web site is not directed at, nor is it intended to be a children's site.

PRIVACY POLICY

We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We urge you to read our privacy policy.

DISCLAIMER OF WARRANTIES

THIS WEB SITE IS PROVIDED "AS IS," "WHERE IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, CRF SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THIS WEB SITE; (ii) ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO SITES OPERATED BY THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THIS WEB SITE OR ANY LINKED SITE; AND (iii) ANY WARRANTIES OF TITLE, WARRANTY OF NON?INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THIS WEB SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE OF; ERROR, OMISSION, INTERRUPTION, DELETION, OR DEFECT IN; DELAY IN OPERATION OR TRANSMISSION OF, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS WEB SITE, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. CRF DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THIS WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE. IF YOU ARE DISSATISFIED WITH THIS WEB SITE OR ANY MATERIALS ON THIS WEB SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THIS WEB SITE.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

THE CONTENT ON THIS WEB SITE IS POSTED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR PROFESSIONAL JUDGEMENT OR ANY ADVICE WHICH MAY BE PROVIDED BY A PHYSICIAN OR OTHER MEDICAL PROFESSIONAL. THE INFORMATION CONTAINED ON THIS WEB SITE IS NOT SUFFICIENT OR PROVIDED IN ORDER TO DIAGNOSE OR TREAT ANY HEALTH RELATED SYMPTOMS OR DISEASE, OR TO PRESCRIBE ANY MEDICATION. CRF DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS WEB SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK.

ALL PRODUCT LABELS AND PACKAGING SHOULD BE READ CAREFULLY. CRF MAKES NO WARRANTIES AS TO THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF PRODUCT INFORMATION TO THE MEDICAL COMMUNITY, INCLUDING THE UNITED STATES FOOD AND DRUG ADMINISTRATION REGULATIONS AS SET FORTH IN THE CODE OF FEDERAL REGUALTIONS AND REGULATIONS SET FORTH BY EUROPEAN UNION REGUALTORY BODIES. CRF MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR RELIABILITY OF ANY PRODUCT INFORMATION POSTED ON THIS WEB SITE.

YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THIS WEB SITE.

LIMITATION OF LIABILITY

IN NO EVENT WILL CRF, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS, ASSIGNS OR THIRD PARTY SUPPLIERS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUE, PERSONAL INJURY OR WRONGFUL DEATH), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THIS WEB SITE, EVEN IF CRF SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THIS WEB SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, CRF'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT WILL CRF'S LIABILITY WITH RESPECT TO THE USE OF THIS WEB SITE EXCEED THE AMOUNT, IF ANY, ACTUALLY PAID TO CRF FOR USE OF THE SERVICES ON THIS WEB SITE.

INDEMNIFICATION

By agreeing to use this Web site, you agree to defend, indemnify and hold CRF, its affiliates, officers, directors and employees harmless from and against any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising out of, based upon or resulting from your use of this Web site. CRF reserves the right, as at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you and you shall not in any event settle or dispose of any matter without the written consent of CRF.

COPYRIGHT AND TRADEMARK NOTICE

All Content on this Web site is: Copyright (c) 2000 - 2005 CRF, Inc. and/or its third party suppliers. All rights reserved.

Trademarks on this Web site are either trademarks or registered trademarks of CRF or its third party suppliers. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

Pursuant to Title 17, United States Code, Section 512(c)(2), if you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

  • Your address, telephone number, and email address;

  • A description of the copyrighted work(s) that you claim has been infringed;

  • A description of where the alleged infringing material is located, or information reasonably sufficient to permit CRF or the Copyright Agent to locate the material;

  • 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;

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Copyright Agent

Cardiovascular Research Foundation
111 E. 59th Street
11th Floor
New York, NY 10022
Attn: Joshua Hartman
Phone: 212-851-9350
Email: jhartman@crf.org

Upon receipt of the written notification containing the information outlined above, CRF shall:

  • Remove or disable access to the material that is alleged to be infringing;

  • Forward the written notification to the alleged infringer ("Infringer"); and

  • Take reasonable steps to promptly notify the Infringer that it has removed or disabled access to the material.

Counter Notification: To be effective, a Counter Notification must be a written communication to the same CRF Copyright Agent, and include:

  • A physical or electronic signature of the Infringer;

  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

  • A statement under penalty of perjury that the Infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

  • The Infringer's name, address, and telephone number; and

  • A statement that the Infringer consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Infringer's address is outside of the United States, for any judicial district in which CRF may be found, and that the Infringer will accept service of process from the person who provided notification or an agent of such person

Upon receipt of a Counter Notification containing the information outlined above CRF shall:

  • Provide the original complaining party with a copy of the Counter Notification;

  • Inform the original complaining party that it will replace the removed material or cease disabling access to it within ten (10) business days;

  • Replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided the Copyright Agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain Infringer from engaging in infringing activity relating to the material on this Web site.

APPLICABLE LAWS / JURISDICTION

You agree that the laws of the State of New York, excluding its conflicts-of-law rules, shall govern these Terms and Conditions. You expressly agree that exclusive jurisdiction for any claim or dispute with CRF or relating in any way to your use of this Web site resides in the courts of the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York, in connection with any such dispute and including any claim involving CRF or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

NON-U.S. RESIDENTS

We control and operate this Web site from our offices in the United States of America. We do not represent that materials on this Web site are appropriate or available for use in other locations. Persons who choose to access this Web site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

MISCELLANEOUS

These Terms and Conditions represent the complete agreement between CRF and you concerning the licenses granted hereunder, replacing all prior oral or written communications concerning its subject matter. If any provision of these Terms and Conditions is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. You may not assign, transfer or delegate your rights under these Terms and Conditions without CRF's prior written consent. These Terms and Conditions will be binding on and inure to the benefit of the heirs, successors and permitted assignees of the parties. Failure to exercise or delay in exercising any right hereunder shall not be considered a waiver thereof, which can only be made by signed writing. No single waiver shall be considered a continuing or permanent waiver. The captions and headings used in these Terms and Conditions are inserted for convenience only.

HOW TO CONTACT US

Any inquiries concerning these Terms and Conditions of use should be directed to CRF via our Contact Us form.