TERMS AND CONDITIONS
LICENSE GRANT. This Site is provided by CardioCare, and this TOS provides to you (identified herein as "you" or a "User") a personal, revocable, limited, non-exclusive, royalty-free, nontransferable license to use this Site conditioned on your continued compliance with the terms and conditions of this TOS. You may print and download materials and information from this Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. This TOS is only a license and not an assignment or sale. Accordingly, you expressly acknowledge and agree that CardioCare transfers no ownership or intellectual property interest or title in or to the Site to you or anyone else.
LICENSE GRANT RESTRICTIONS. Notwithstanding the foregoing, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Site. Moreover, you may not (i) use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, (ii) attempt to gain unauthorized access to any portion or feature of the Site or any other systems or networks connected to the Site or to any CardioCare server or to any of the services offered on or through the Site, by hacking, password "mining," or any other illegitimate means, (iii) probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site, (iv) reverse look-up, trace, or seek to trace any information on any other User of or visitor to the Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or CardioCare's systems or networks or any systems or networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person's use of the Site, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to CardioCare on or through the Site, and (ix) use the Site in a manner that could damage, disparage, or otherwise negatively impact CardioCare. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, OR MATERIALS PROVIDED BY CARDIOCARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
USER OBLIGATIONS. By installing, accessing, or using this Site in order to view information and materials or submit information of any kind, you represent that you are at least eighteen (18) years of age (as the Site's information is intended for presentation to adults) and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on this Site, including, without limitation, when you provide information via a Site registration or submission form. If you provide any false, inaccurate, untrue, or incomplete information, CardioCare reserves the right to terminate immediately your access to and use of this Site. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of this Site. You also acknowledge and agree that use of the Internet and access to this Site is solely at your own risk. While CardioCare has endeavored to create a secure and reliable Site, you should understand that the confidentiality of any communication or material transmitted to/from the Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, CardioCare is not responsible for the security of any information transmitted to or from the Site. You must make your own determination as to these issues.
SPECIFIC PROGRAMS; OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to the receipt of services, use of information request forms, or participation in a particular program, and/or to other specific portions or features of the Site, all of which are made a part of this TOS by this reference. You agree to abide by such other notices, terms, and conditions. If there is a conflict between this TOS and the terms posted for or applicable to a specific portion of the Site, the latter terms shall control with respect to your use of that portion of the Site. CardioCare's obligations, if any, with respect to its services, programs, and/or information are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such terms, conditions, notices, and agreements.
ENFORCING SECURITY ON THE SITE. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. CardioCare reserves the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site. CardioCare will also comply with all court orders involving requests for such information. In addition to the foregoing, CardioCare reserves the right to at any time, and without notice, to modify, suspend, terminate, or interrupt operation of or access to the Site, or any portion of the Site in order to protect the Site, CardioCare, or CardioCare's business.
THIRD PARTY PRODUCTS/SERVICES. CardioCare, in its sole discretion, may post the advertisements of third parties on this Site and/or feature information, materials, programs, products, and/or services provided by third parties. CardioCare makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or availability of such third party information, materials, programs, products, and services or any other information, materials, programs, products, and services which such third party materials, products, and services may access. Your correspondence or any other dealings with third parties found on this Site are solely between you and such third party. CardioCare expressly disclaims responsibility and liability for all third party provided materials, programs, products, and services contained on or accessed through the Site, and you agree that CardioCare shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on this Site.
LINKS TO OTHER SITES. CardioCare may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and services. These sites have not necessarily been reviewed by CardioCare and are maintained by third parties over which CardioCare exercises no control. Accordingly, CardioCare expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or quality of the products or services provided by, available through, or advertised on these third party web sites. Moreover, these links do not imply an endorsement with respect to any third party or any web site or the products or services provided by any third party.
LINKS TO THIS SITE. CardioCare encourages and permits text links to this Site and its content and, in particular, by way of the use of specific CardioCare logos (available at [add hypertext link]). However, any links to this Site should not suggest that CardioCare promotes or otherwise endorses any third party products, services, programs, causes, campaigns, websites, or information unless CardioCare has provided prior written consent for such promotion or endorsement.
DISCLAIMER. THIS SITE IS NOT DESIGNED TO, AND DOES NOT, PROVIDE MEDICAL ADVICE. This Site is for general informational purposes only, including, without limitation, with respect to any information regarding prescriptions or medications, and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Accordingly, never disregard professional medical advice or delay in seeking it because of something reviewed on this Site. You are encouraged to confer with your doctor with regard to information contained on or through the Site. THEREFORE, WHILE CARDIOCARE ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE, AND RELIABLE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE, THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON OR THROUGH THIS SITE ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. MOREOVER, CARDIOCARE MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE ON THIS SITE AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE ON THIS SITE. CARDIOCARE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILTY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE ON THIS SITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE MARYLAND UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT.
ENFORCEMENT. You acknowledge that any breach, threatened or actual, of this TOS will cause irreparable injury to CardioCare, such injury would not be quantifiable in monetary damages, and CardioCare would not have an adequate remedy at law. You therefore agree that CardioCare shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOS. Accordingly, you hereby waive any requirement that CardioCare post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to CardioCare to enforce any provision of this TOS.
TERM AND TERMINATION. This TOS will take effect at the time you respond to a request for information and/or begin installing, accessing, or using this Site, whichever is earliest. CardioCare reserves the right at any time and for any reason to deny temporally your access to the Site or to any portion thereof to protect the Site and/or CardioCare's rights and interests. This TOS will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this TOS at any time by ceasing to use the Site, but all applicable provisions of this TOS will survive termination, as identified below. Upon termination, you must destroy all copies of any aspect of the Site in your possession. The provisions concerning proprietary and intellectual property rights, feedback, indemnity, disclaimers of warranty and liability, admissibility of this TOS, and governing law will survive the termination of this TOS for any reason.
WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOS will not operate as a waiver of any subsequent default or failure of performance. No waiver by CardioCare of any right under this TOS will be deemed to be either a waiver of any other right or provision or a wavier of that same right or provision at any other time. If any part of this TOS is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOS shall continue in effect.
CONTACT INFORMATION. If you have questions or comments regarding this Site, are interested in obtaining more information concerning CardioCare and its programs or services, or want permission to use any CardioCare content, please contact CardioCare at 301-656-5050 between the hours of 8 am and 4:30 pm (local time) on Monday through Friday.