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Terms and Conditions of Use.
Welcome to clevelandheartlab.com Website (“Website”). Please read the following Terms and Conditions of Use (the “Terms”) carefully before using the Website as the Terms govern your use of the Website. Your access and use of the Website is subject to compliance with any and all requirements, regulations, guidelines and standards of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), as well as all other applicable laws or agreements (the “Privacy and Security Laws”). These Terms may be updated by us from time to time without notice to you.
By using the Website, you accept and acknowledge, without limitation or qualification, that you have read the Terms and agree to comply with the Terms, any and all Privacy and Security Laws, requirements, regulations, guidelines and standards and any other applicable laws or agreements.
This Website provides information about Cleveland HeartLab, Inc., and its products and services.
The clinical information contained within the “Web Portal” section of our Website is intended for the use of healthcare professionals. Healthcare professionals should exercise their own clinical judgment when using our content, tools or databases.
If you are a patient or healthcare consumer, you should not use information found on this Website to replace a relationship with your physician or other healthcare professional and should not rely on that information as professional medical advice. Always seek the advice of your physician or other qualified healthcare provider concerning questions you have regarding a medical condition, and before starting, stopping or modifying any treatment or medication. In the case of a health emergency, seek immediate assistance from emergency personnel. Never delay obtaining medical advice or disregard medical advice because of something you have or have not read on this Website.
The information (including, without limitation, advice and recommendations) and services on this Website are intended solely as a general educational aid and are neither medical nor health care advice for any individual problem, nor a substitute for medical or other professional advice and services from a qualified health care provider familiar with your medical history. Use of this Website does not create a doctor-patient relationship. Nothing contained in this Website is intended to be used for medical diagnosis or treatment.
While Cleveland HeartLab attempts to keep all the information on the Website up-to-date, medical treatment and knowledge change quickly, and this Website should not be considered error-free or as a comprehensive source of all information on a particular topic. Cleveland HeartLab makes no warranties or representations as to the accuracy of the content of the Website, and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information and material on this Website. Your use of the Website is subject to the additional disclaimers and caveats that may appear throughout these terms and conditions and the Cleveland HeartLab website. You assume the entire risk of loss in using this Website and materials contained in the Website.
The content and features of this Website and specifications of products or services described or depicted on the Website are subject to change at any time without notice.
Disclaimer and Limitation of Liability.
THE SERVICES PROVIDED THROUGH AND THE INFORMATION CONTAINED ON THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS ONLY. CLEVELAND HEARTLAB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CLEVELAND HEARTLAB MAKES NO AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE. CLEVELAND HEARTLAB DOES NOT WARRANT THAT THE WEBSITE OR INFORMATION LOCATED ON THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CLEVELAND HEARTLAB DISCLAIMS ANY WARRANTY THAT THE WEBSITE WILL BE AVAILABLE AT ALL TIMES OR WILL OPERATE WITHOUT INTERRUPTION OR ERROR. CLEVELAND HEARTLAB MAKES NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE SERVICES OR INFORMATION PROVIDED THROUGH THE WEBSITE. CLEVELAND HEARTLAB WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
You agree to indemnify, defend and hold harmless Cleveland HeartLab and its suppliers and their respective affiliates, employees, officers, directors, agents, servants and representatives of each from any liability, loss, claim, suit, damage, and expense (including reasonable attorneys´ fees and expenses) related to (i) your violation of these terms and conditions and (ii) your posting of material to this Website.
Copyright, Trademarks and other Intellectual Property.
Services and materials appearing on the website are protected by copyright, patent, and trademarks laws. Trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Website, if any, are registered and unregistered Trademarks of Cleveland HeartLab. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark or other content displayed on the Website without the written permission of Cleveland HeartLab or such third party that may own materials displayed on the Website. Your use or misuse of the Trademarks or of any other content on the Website, except as provided in the Terms, is strictly prohibited. Cleveland HeartLab will aggressively enforce its intellectual property rights to the fullest extent of the law.
Applicable Law and Disputes.
The Terms and your use of the Website shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to conflicts of law principles. Any dispute, controversy or claim arising out of or related to these Terms or your use of the website will be resolved and settled through arbitration administered by the American Arbitration Association and conducted in Cleveland, Ohio, United States of America. The decision of the arbitrator shall be final and binding on both parties, and final judgment may be entered upon it in any court of competent jurisdiction. The prevailing party shall be entitled to costs and reasonable attorneys’ fees arising out of such arbitration. The state or federal courts located in or serving Cuyahoga County, Ohio, United States of America, shall have exclusive jurisdiction and venue over any action arising out of or relating to these Terms or your use of the website. You waive any claim that a court located in or serving Cuyahoga County, Ohio, lacks personal jurisdiction over you, is an improper venue, or is an inconvenient forum.
Other Miscellaneous Provisions.
The Terms constitute the entire and only understanding between you and Cleveland HeartLab regarding your use of the Website. No modification or attempted modification of the Terms by you shall be binding on Cleveland HeartLab unless made in writing and physically signed by an authorized representative of Cleveland HeartLab. Cleveland HeartLab may modify the Terms at any time and will include such modifications on this Website without notice to you. You hereby agree to those modifications and to review them as they are modified from time to time.
Notices sent to you by Cleveland HeartLab in connection with these Terms or your use of the Website may be delivered to you by electronic mail, or through a general notice on the Website. You may give notice to Cleveland HeartLab by computer message at the following address: firstname.lastname@example.org.
These terms and conditions are effective unless and until modified as noted above, or terminated, at any time, by Cleveland HeartLab. If, in the sole discretion of Cleveland HeartLab, you fail to comply with these terms and conditions, Cleveland HeartLab may terminate these terms and conditions without notice and deny you access to the site.
The Terms are severable to the extent any term is deemed invalid, illegal or unenforceable.
Cleveland HeartLab’s failure to enforce any provision of the Terms shall not be deemed a waiver of that or any other provision of the Terms.
The parties hereto are independent contractors of one another; nothing herein shall be deemed to create any relationship of agency, partnership or joint venture between the parties.