Unless otherwise indicated, all material contained in the Index, such as but not limited to text, graphics, logos, button icons, images and audio/video 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. You may make such temporary copies as are necessary to browse the Index and to promote usage within your business or organization. You may also make a single copy of the content displayed on any page of the Index to be used for personal and noncommercial uses that 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 website or otherwise publicly display or publicly perform, or use for any commercial purpose, any materials or information obtained from the Index without AHA’s express written consent. As part of the Index program, the AHA may provide limited data to your business or organization that is specific to your authorized use and users. In addition, you agree that the AHA may publish your business or organization’s name among the list of participants in the Index as well as a list of certain awards or other means of recognizing different levels of achievement or improvement. Aggregate, de-identified data may be used by the AHA for other purposes within the AHA’s mission.
My Life Check®
If you elect to register your company as an employer in the AHA’s My Life Check (“MLC”) assessment tool in conjunction with the Index, then the following additional MLC-specific provisions are also part of this Agreement:
- To use the My Life Check assessment tool, you must first register. AHA will use the information you provide during registration to create an employer account for tracking purposes, communicate with you, and aggregate data from your invited participants (usually employees). Your participation with MLC and the progress your invitees make (such as amount of points earned) in it may be represented in an aggregate manner such as in a “leaderboard” on the website.
- AHA may aggregate your de-identified information with like information from other people and may disclose such non-identified or aggregated information to other parties, including but not limited to other users of the Assessment, sponsors, researchers and third party service providers of the AHA.
- You may use the MLC logo and the names “My Life Check” and “American Heart Association” only to invite participants to join MLC under your reference number and only as long as you do not inappropriately claim or imply a sponsorship, approval or other inaccurate relationship by the AHA of your company or its products or services.
- The AHA is not responsible for your use of the MLC assessment tool, or any data or reports you obtain from the AHA related to such use.
AHA trademarks, including the following registered trademarks of AHA – American Heart Association, Life Is Why, Learn and Live, and the Heart and Torch symbol – may not be used except with the express, prior written consent of the AHA unless provided otherwise in this Agreement.
You acknowledge and agree that the AHA may discontinue certain AHA programs such as the Index and MLC without notice to you and that you shall have no continuing rights in the AHA programs upon such termination.
AHA PROVIDES THE INDEX (AND, IF SELECTED, MLC) '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 INDEX (AND, IF SELECTED, MLC), 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 INDEX, OR OF RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. AHA MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT YOUR ACCESS TO THE INDEX (AND, IF SELECTED, MLC) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS, AND SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED.
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 Index 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 INDEX (AND, IF SELECTED, MLC), (ii) CLAIMS ARISING OUT OF OR RELATED TO THE INDEX (AND, IF SELECTED, MLC), (iii) YOUR USE OF THE INDEX, OR (iv) 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 or country in which you live.
The Index (and, if selected, MLC) is intended for use within the United States of America and the AHA does not solicit or permit businesses or organizations outside the USA to submit confidential, personal or sensitive personal data into the Index without an express agreement that complies with applicable data protection laws for the data subjects’ country. THIS USER AGREEMENT, AND YOUR USE AND ACCESS OF THE INDEX (AND, IF SELECTED, MLC) 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. You expressly agree that the application of the United Nations Convention on Contracts for the International Sale of Goods will be excluded with regard to this Agreement. AHA makes no representation that the Index (and, if selected, MLC) is appropriate or available for use in locations outside the United States of America. You agree not to access the Index (and, if selected, MLC) or any of its components from any country or jurisdiction where its content is illegal or prohibited or where any of the above terms are invalid. If you choose to access the Index (and, if selected, MLC) from outside the United States, you do so on your own initiative and you are responsible for compliance with local laws.
If any portion of this agreement is held invalid, the balance shall continue in full force and effect.