Terms of Use

Updated:Sep 30,2010

TERMS AND CONDITIONS

TO USE THE MY DIABETES HEALTH ASSESSMENT (“ASSESSMENT”), YOU MUST ACCEPT THE TERMS AND CONDITIONS SET FORTH IN THIS USER AGREEMENT BY CLICKING THE 'YES' BUTTON WITHIN THE ASSESSMENT.  IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU WILL NOT BE ABLE TO USE THE ASSESSMENT.

The AHA in its sole discretion may terminate access to the Assessment for any reason without any prior notice. Further, you agree that AHA shall not be liable to you or any third-party for any termination of access to the Assessment.

USE OF INFORMATION

AHA’s collection, use and disclosure of information about you is covered in AHA’s 'Use of Personal Information' statement ('AHA Privacy Policy').

You acknowledge and agree that the AHA may collect and use information from your interaction with the Assessment, including computer and connection information, statistics on page views, traffic to and from the sites, ad data, internet protocol address and standard web log information. AHA uses this information to analyze trends, administer the site, track users' movement, and gather broad information for aggregate use.

By using the Assessment, you are providing to the AHA certain medical information about yourself. This information includes your medical information such as gender, age, height, weight, blood sugar, systolic blood pressure, diastolic blood pressure, total cholesterol, and HDL cholesterol.

This medical information will be stored in the AHA database or in a third party database contracted by AHA in non-identifiable form. The AHA may aggregate your non-identifiable information with like information from other people, where such information is gathered or presented so as not to permit the identification of a specific individual without extraordinary effort, and disclose such non-identifying or aggregated information to other parties, including but not limited to sponsors, researchers and third party service providers of the AHA.

When you use the Assessment, you can choose to import data required by the Assessment from your Google Health Account or your Microsoft Health Vault Account to the Assessment, or you can export the data you input into the Assessment to your Google Health Account or to your Microsoft Health Vault Account.

The collection, use and disclosure of your medical information from your Google Health or Microsoft Health Vault accounts to third parties is governed by the terms and conditions of your Google Health and Microsoft Health Vault user agreements, including their Privacy Policies.

OTHER AHA PROGRAMS

You further acknowledge and agree that the AHA may collect medical, demographic and/or other information you supply during your use of other AHA programs and products, web sites, and services subject to any applicable AHA user agreements and the AHA Privacy Policy. The terms of such other AHA user agreements are not changed by the terms for use of the Assessment.

CONTENT USAGE

Unless otherwise indicated, all information contained in the Assessment, such as but not limited to text, graphics, logos, button icons, images, and audio clips is owned by or licensed by AHA, and is copyrighted and proprietary material of AHA or its licensors, and may not be copied, reproduced, transmitted, displayed, distributed, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without AHA’s prior written consent, except that you may make such temporary copies as are necessary to browse the Assessment. You may also make a single copy of the content displayed on any page of the Assessment/Assessment to be used by you for personal and noncommercial uses which do not harm the reputation of the AHA, provided that you not remove any trademark, copyright or other notices contained in such content. AHA reserves all other rights not granted herein. You 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 Assessment without AHA’s express written consent.

TRADEMARKS

AHA trademarks, including the following registered trademarks of AHA — American Heart Association, Learn and Live, and the Heart and Torch symbol — may not be used except with the express, prior written consent of the AHA.

INFORMATION FROM CHILDREN

The AHA does not collect any personal information from persons under the age of 20.

LINKS

When using the Assessment, you may sometimes be linked to third party websites. AHA is not responsible for the information or materials contained on any third party web sites, or on web sites that provide links to the Assessment. Links from the Assessment are provided for convenience only and are not intended as an endorsement by AHA of the organization or individual operating the third party website or application or a warranty of any type regarding either the third party website or application, or the information on the third party web site or application. The AHA shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, products or services available on or through such third party websites or applications.

RESPONSIBILITY FOR SAFETY

The Assessment might advocate or involve physical activity. Such activity is a potentially hazardous activity which may involve physical risks. In consideration of being allowed to use the Assessment, you hereby expressly agree to assume all risk arising out of your use. It is your responsibility to consult with a physician to determine your fitness to engage in any and all activities associated with the Assessment. It is also your responsibility to use equipment, clothing, and techniques appropriate to the activities related to the Assessment. You acknowledge and agree that you are solely responsible for your own safety.

MEDICAL DISCLAIMER

YOU ACKNOWLEDGE THAT THE INFORMATION IN THE ASSESSMENT IS PROVIDED 'AS IS' FOR GENERAL INFORMATION ONLY. IT IS NOT INTENDED, OR TO BE CONSTRUED, AS MEDICAL ADVICE, DIAGNOSIS AND TREATMENT, AND IS NOT A SUBSTITUTE FOR CONSULTATIONS WITH QUALIFIED HEALTH PROFESSIONALS WHO ARE FAMILIAR WITH YOUR INDIVIDUAL MEDICAL NEEDS.

DISCLAIMER OF WARRANTY

AHA PROVIDES THE ASSESSMENT 'AS IS' WITH ALL FAULTS AND MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND, AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THE ASSESSMENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PROGRAMS, PRODUCTS, OR SERVICES, OR OTHER MATERIAL PROVIDED THROUGH THE ASSESSMENT, OR OF RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. AHA MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT YOUR ACCESS TO THE ASSESSMENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS, AND SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED

LIMITATION OF LIABILITY

You agree that you release, and agree to indemnify, defend, save and hold harmless AHA, its affiliates, and its and their officers, directors, employees, contractors, volunteers, sponsors and agents from all claims arising out of or related to your access or your use of, or your inability to use the Assessment or AHA’s collection, use, storage or disclosure of your personal or medical information. IN NO EVENT WILL AHA OR ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, VOLUNTEERS, SPONSORS AND AGENTS BE LIABLE TO YOU, ANYONE CLAIMING BY THROUGH OR UNDER YOU, OR ANYONE ELSE FOR (i) ANY DECISION OR ACTION TAKEN, OR NOT TAKEN, IN RELIANCE UPON THE INFORMATION CONTAINED OR PROVIDED THROUGH THE ASSESSMENT, (ii) CLAIMS ARISING OUT OF OR RELATED TO THE ASSESSMENT, (iii) YOUR USE OF THE ASSESSMENT, (iv) AHA'S USE OR DISCLOSURE OF YOUR PERSONAL OR MEDICAL INFORMATION OR (v) FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, POSSIBLE HEALTH SIDE EFFECTS, LOSS OF REVENUES, PROFITS OR SAVINGS, EVEN IF THE AHA KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, DEMANDS OR ACTIONS. The foregoing release, indemnity, and limitation of liability shall be as broad and inclusive as is permitted by the state in which you live.

GOVERNING LAW

The Assessment (including any linked sites) may be accessed from the United States of America, as well as from other countries around the world. THIS USER AGREEMENT, AND YOUR USE AND ACCESS OF THE ASSESSMENT IS GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO ITS CONFLICT OF LAWS RULES. JURISDICTION AND VENUE FOR ANY CAUSE OF ACTION ARISING UNDER THIS AGREEMENT SHALL BE IN DALLAS COUNTY, DALLAS, TEXAS. AHA makes no representation that the Assessment is appropriate or available for use in locations outside the United States of America. You agree not to access the Assessment from any country or jurisdiction where its content is illegal or prohibited. If you choose to access the Assessment from outside the United States, you do so on your own initiative and you are responsible for compliance with local laws.

You agree that this User Agreement sets forth the entire understanding between you and the AHA. You further agree that if any portion of this User Agreement is held invalid, the balance shall continue in full force and effect.