USER AGREEMENT The American Heart Association, Inc. (the "Association") is proud to bring you a web site designed to customize your Web site experience and to offer you American Heart Association content, health tools and communications about coronary heart disease and stroke. Your use of this web site and all information on any AHA web page or other AHA property accessed through it (collectively "Web Site") is governed by the terms and conditions of this User Agreement. The Association may amend these terms and conditions from time to time without notice. In order to participate you must be at least eighteen (18) years of age and accept this User Agreement. 1. Notices: 1.1 THE WEB SITE IS PROVIDED TO YOU "AS IS." THE ASSOCIATION DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON INFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). 1.2 THE ASSOCIATION DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY INFORMATION, PROGRAMS, PRODUCTS, OR SERVICES OR OTHER MATERIAL PROVIDED THROUGH THE WEB SITE. THE ASSOCIATION MAKES NO WARRANTY OR GUARANTEE THAT THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. IN NO EVENT WILL THE ASSOCIATION BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THE WEB SITE, NOR FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES. 1.3 THE WEB SITE DOES NOT PROVIDE, AND ANY AND ALL INFORMATION FOUND ON THE WEB SITE IS NOT A REPLACEMENT FOR, PROFESSIONAL MEDICAL EVALUATION, ADVICE, DIAGNOSIS OR TREATMENT. A HEALTHCARE PROVIDER SHOULD BE CONSULTED FOR ALL SUCH SERVICES. 2. Copyright: 2.1 The Association owns, or is the licensee of, all copyrights, trademarks, or other proprietary rights contained in the Web Site. 2.2 User may view the Web Site, download individual articles to User's personal or handheld computer for later reading and print a copy of pages for reading by User, so long as all applicable notices and disclaimers are included. User may not remove any copyright notices. The Association reserves all other rights. User may not sell, modify, redistribute, put on another Web site or otherwise publicly display or publicly perform, or use for any commercial purpose, any materials or information obtained from the Web Site without the Association's prior written permission. 3. Information Provided to the Association's Web site: 3.1 In order to provide relevant content, health tools and communications, User will be asked to submit information through the User Registration, Profile Updates and various programs, products and services available through the Web Site. 3.2 The Association will treat information User submits in accordance with the AHA Privacy Policy. User acknowledges that User assigns the AHA the right to gather, process, analyze, retain the medical, demographic and/or other information that User supplies to AHA so that the AHA may provide and improve its programs, products, and services. User consents to the disclosure by the AHA of any of this medical, demographic and/or other information to entities which the AHA uses to gather, process, analyze, and retain this information and to mail User material, so long as such disclosure is in accordance with AHA's Privacy Policy. User permits the AHA to aggregate User's non-identifiable medical, demographic and other information that User supplies with like information from other people, and User consents to the release of such aggregated information to other parties, including but not limited to the sponsors of the AHA. User authorizes the AHA to mail User information about AHA Programs or about other AHA offerings. User also consents to the release of User's name, email address and/or phone number to any sponsor of any AHA Programs to enable the sponsor to send User information. All information User supplies is about User. User agrees to the disclosure by the AHA of any or all of his or her information as required by law. 4. General Provisions 4.1 The Web Site may contain a section that provides breaking news stories related to cardiovascular and coronary heart diseases and stroke. Such news stories are sometimes provided by third parties and do not necessarily reflect the opinions or recommendations of the Association. 4.2 This Agreement shall commence upon User's clicking the "I Agree" button as indicated below this Agreement. 4.3 The cardiovascular, coronary heart disease and stroke content and statistics contained in the Web Site are designed for the U.S. population only. 4.4 This Agreement shall be governed by the laws of the State of Texas, without regard to its conflict of laws rules. Venue for any cause of action arising under this Agreement shall be proper in Dallas, Dallas County, Texas. 4.5 The terms of this Agreement cannot be waived or modified except by the Association. There are no representations, warranties or covenants other than those set forth in this Agreement, which sets forth the entire understanding between the parties. 4.6 The User's rights and obligations hereunder are personal to User and cannot be assigned, mortgaged, sublicensed or otherwise transferred or encumbered by User or by operation of law. Any such assignment in contravention of the foregoing shall be null and void and of no force and effect. 4.7 If any provision of this Agreement is held to be illegal, invalid, or unenforceable under present or future laws, then such provision shall be fully severable, this Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance from this Agreement. In no event shall the AHA be liable for any incidental, indirect, special or consequential damages, including but not limited to, loss of use, revenues, profits or savings, even if the Association knew or should have known of the possibility of such damages; or claims, demands or actions.
