PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR WEBSITE IS SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE WEBSITE IN ANY MANNER. Effective date: October 1, 2015
Welcome to Encardia. Please read on to learn the rules and restrictions that govern your use of our website (the “Website”). If you have any questions, comments, or concerns regarding these terms or the Website, please contact us at firstname.lastname@example.org.
What about Privacy?
No Practice of Medicine and Additional Disclaimers
This Website is not engaged in the practice of medicine. Any information and advice on the Website is given in a generalized, generic basis, and is not specific to any individual patient’s condition. Use of this Website is helpful in making you informed about health care issues and Encardia’s service offerings, but your use of this Website does not create care provider – patient relationship. You acknowledge and agree that online health information, such as the Website, cannot replace a health professional – patient relationship and you should always consult with a professional for diagnosis and treatment of any specific health problem. You should not disregard any advice or treatment from your health professional based on your interpretation of what you may read on this Website.
You assume full responsibility for using the information on the Website and you understand and agree that Encardia and its affiliates and licensors are not responsible or liable for any claim, loss or damage resulting from your use of the Website. While Encardia tries to keep the Website as accurate as possible, Encardia disclaims any warranty concerning the accuracy, timeliness, and completeness of the information and Content on the Website.
You represent, warrant, and agree that you will not use the Website or interact with the Website in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else (including Encardia);
- Violates any law or regulation, including any applicable export control laws;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Jeopardizes the security of the Website;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs Maillist, Listserv, any form of auto-responder or “spam” on the Website, or any processes that run or are activated while you are not logged into the Website, or that otherwise interfere with the proper working of the Website (including by placing an unreasonable load on the Website’ infrastructure);
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Website (through use of manual or automated means);
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Website.
A violation of any of the foregoing is grounds for termination of your right to use or access the Website, among other legal and equitable remedies available to Encardia.
What are my rights in Encardia?
The materials displayed or performed or available on or through the Website, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Website, and you will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Encardia’s) rights.
You understand that Encardia owns the Website. You will not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Website.
Who is responsible for what I see and do on the Website?
Any information or content transmitted through the Website by you is your sole responsibility, and we are not liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Website.
Encardia has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, data, information or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Website. In addition, Encardia will not and cannot monitor, verify, or edit the content of any third party site or service. By using the Website, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
If there is a dispute between you and a third party regarding the Website or any action you or a third party takes concerning the Website, you agree that Encardia is under no obligation to become involved. In the event that you have a dispute with any such third party, you release and covenant not to sue Encardia, its officers, employees, agents, successors and assigns from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Website. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”
Will Encardia ever change the Website?
What else do I need to know?
Warranty Disclaimer.Neither Encardia nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Website, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Website. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations on the Website.
Limitation of Liability.TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ENCARDIA (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF $100, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL.