These terms and conditions of use ("Site Terms") apply to use of any Web sites produced by HeartCenterOnline, Inc. ("HCO") and its subsidiaries, (collectively the "HCO Sites") and any Web sites or Web pages created and managed by a medical practice (a "Practice") through the HCO physician practice network service (the "HCO Service") and hosted by HCO (the "Practice Sites"). The HCO Sites and the Practice Sites shall collectively be referred to as the "Sites." These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with HCO for products, services or otherwise. Use of the HCO Service, requires that a medical practice (a "Practice") register with HCO and create a Practice Account under the terms of the HeartCenterOnline, Inc. Terms of Service Agreement for Practice and that its physicians and non-physician staff ("Members") and patients ("Patients") register with HCO and agree to the HeartCenterOnline, Inc. Terms of Service Agreement for Members. In the event of a conflict between these Site Terms and the applicable Terms of Service Agreement, the Terms of Service Agreement shall control.
HCO reserves the right to amend at any time any policies governing this Web site, including these Terms and Conditions and HCO's Privacy Statement, by posting the amended terms on our Web site. You will be able to tell that a revision has been made by the date of the last revision indicated at the top of the document. The amended terms shall be effective immediately after they are initially posted on this Web site. Your use of our Web site following the posting of such amended terms shall constitute your acceptance of any such changes. If you do not accept the amended terms, you must cease using this Web site.
PRACTICE SITES ARE CREATED AND MANAGED BY A MEDICAL PRACTICE THROUGH THE HCO SERVICE. USE OF THE PRACTICE SITES IS STRICTLY VOLUNTARY. USE OF THE PRACTICE SITES DOES NOT ESTABLISH A PROFESSIONAL RELATIONSHIP BETWEEN THE PRACTICE, MEMBERS OR PATIENTS AND HCO.
The information offered through the Practice Sites is presented for the purpose of providing general information on overall health and disease management. NOTHING CONTAINED IN THE PRACTICE SITES IS INTENDED TO BE INSTRUCTIONAL FOR MEDICAL DIAGNOSIS OR TREATMENT OR TO BE THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL SERVICES.
IN NO EVENT SHOULD SERVICES WITHIN THE PRACTICE SITES, INCLUDING EMAIL AND OTHER COMMUNICATION SERVICES, BE USED IN EMERGENCY OR URGENT SITUATIONS. Practice Sites should not be used in place of a visit, call, consultation with or the advice of a physician or other qualified health care provider.
1. Limited License
HCO grants you a limited license to make personal use only of these Sites. Such license is subject to the Site Terms and does not include: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; (d) use of any data mining, robots or similar data gathering or extraction methods; or (e) downloading (other than the page caching) of any portion of any of the Site or any information contained on the Site, except as expressly permitted on the Site. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in under any patent, trademark, or proprietary right of HCO or any third party.
2. Privacy Policy
HCO believes strongly in protecting user privacy. Please refer to our Privacy Statement for information on how HCO uses and collects information and protects your privacy.
3. Copyright
Unless otherwise indicated, all Web site materials, including, without limitation all designs, text, graphics, other files, and the selection and arrangement thereof, are the proprietary and copyrighted property of HCO, or their respective licensors. You may electronically copy and print to hard copy portions of the Site for the sole purpose of using materials it contains for informational, non-commercial, personal use only. Any other use of the materials in this Web site-including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance-without the prior written permission of HCO is strictly prohibited.
4. Trademarks
HeartCenterOnlineĆ and any product or service names, slogans, page headers, custom graphics, button icons, and scripts contained in the HCO Site are either trademarks or registered trademarks of HCO or its licensors. Such trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of HCO. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
5. Hyperlinks
You are granted a limited, non-exclusive right to create a hyperlink to the HCO Sites provided such link does not portray HCO or any of its Practices, Members, sponsors, products or services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any HCO trademark, logo or other proprietary information, including the images found at this web site, the content of any text or the layout/design of any page or form contained on a page without HCO's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of HCO or any third party.
HCO makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Web sites accessible by hyperlink from the Sites, or Web sites linking to this Web site. The linked sites are not under the control of HCO and HCO is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. HCO is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by HCO of the site or any information contained therein.
6. Third Party Content & Services
HCO may provide links to Web pages and content of third parties ("Third Party Content") as a service to those interested in this information. HCO does not monitor nor does it have any control over any Third Party Content or third party Web sites. HCO does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. HCO does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.
7. Use Outside the U.S.
HCO makes no claims that the HCO Sites are appropriate for access or use outside the U.S. Your access and/or use of our site outside the U.S. is at your own risk, and you are responsible for compliance with the laws of your jurisdiction.
8. No Medical Advice
The Content on the HCO Sites is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Patients and consumers reading articles posted on the Website should review the information carefully with their professional health care provider. HCO does not recommend or endorse any specific tests, products, procedures, opinions, physicians, clinics or other information that may be mentioned or reference on the Web site. HCO is not responsible or liable for any advice, course of treatment, diagnosis or any other information, services or products that you obtain through this Site. If you need medical advice or other health care assistance, you should consult with a qualified healthcare provider. You should never disregard professional medical advice or delay in seeking it because of something you have read on the Website.
9. Disclaimer
THESE SITES AND THE MATERIALS ON THESE SITES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. HCO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. HCO DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THESE SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. HCO DOES NOT REPRESENT OR WARRANT THAT THESE SITES OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
HCO reserves the right to change any and all content contained on the Sites at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by HCO.
10. Limitation of Liability
IN NO EVENT SHALL HCO, OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, OR EMPLOYEES, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITES OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THE SITES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM HCO, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO HCO'S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HCO (WHETHER IN CONTRACT, WARRANTY TORT-INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED-PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE SITES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO HCO FOR ACCESS TO OR USE OF THESE SITES.
11. Indemnification
You agree to defend, indemnify and hold harmless HCO, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any third party claims, damages, loss, liability, costs and expenses (including, but not limited to, reasonable attorney's fees) arising out of your use of the Sites and any discussion forums or interactive areas contained herein, including without limitation any actual or threatened suit, demand, or claim made against HCO and/or its independent contractors, service providers, or consultants, arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of the rights of any third party.
12. Applicable Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. You agree that any legal action or proceeding between you and HCO for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Florida. Any cause of action or claim you may have with respect to HCO must be commenced within one (1) year after the claim or cause of action arises. HCO may assign its rights and obligations under this Agreement to any party at any time without notice to you and upon such assignment HCO shall be relieved of any further obligation hereunder.
13. Modification & Amendments HCO reserves the right to amend at any time any policies governing the Sites, including these Site Terms and HCO's Privacy Statement, by posting the amended terms and providing notice of such amendments. The amended terms shall be effective immediately after they are initially posted on this Web site. If you do not accept the amended terms, you should cease using this Sites.
14. Termination
Notwithstanding any of these terms and conditions, HCO reserves the right, without notice and in its sole discretion, to terminate your license to use any of the Sites, and to block or prevent future access to and use of any of the Sites.
15. Severability
The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof.
16. Questions & Contact Information
General questions or comments about the Sites and the HCO Service may be directed to HCO's Cardiology Services by e-mail at cardiologistservices@heartcenteronline.com by phone at (561) 620-9790, or by postal mail at:
HeartCenterOnline, Inc.
Cardiologist Services
One South Ocean Blvd.
Boca Raton, Florida 33432
Thank you for your cooperation. We hope you find the Website helpful and convenient to use.
www.heartcenteronline.com
Additional Practice Websites by HeartCenterOnline