Terms & Conditions
Welcome to the AFibSurgeons.org web site (the “Site”) which provides community and educational services that is managed by Clinical Cardiac, Inc. (“Clinical Cardiac”). If you choose to access the Site or make use of any of the information or materials it contains, you agree to be bound by these Terms and Conditions of Use (“Terms”). If you do not agree to all of these Terms, do not use the Site. Clinical Cardiac may revise and update these Terms at any time. Your continued usage of the Site will mean you accept those changes.
Recommendations or Endorsements
Clinical Cardiac does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by the Clinical Cardiac employees, others appearing on the Site at the invitation of Clinical Cardiac, or other visitors to the Site is solely at your own risk. Physicians featured on the site ("Featured Physicians") may have relationships with health care industry vendors. The Site may contain information describing or depicting health or medical conditions or procedures in graphic detail.
Ability to Accept Terms
You affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. If you are under 18 years of age, then please do not use the Site.
Children's Privacy
Clinical Cardiac is committed to protecting the privacy of children. You should be aware that the Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
Use of Content
Clinical Cardiac authorizes you to view or download a single copy of the material on the Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright © 2019, Clinical Cardiac. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain other items accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms by reference.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Clinical Cardiac or its licensors. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Content and features are subject to change or removal without notice at the editorial discretion of Clinical Cardiac. All rights not expressly granted in these Terms are reserved to Clinical Cardiac and its licensors.
If you violate any of these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Liability of Clinical Cardiac and its Licensors
The use of the Site and the Content is at your own risk.
The Site and the Content are provided on an "as is" and “as available” basis. CLINICAL CARDIAC AND ITS LICENSORS AND FEATURED PHYSICIANS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, IN CONNECTION WITH THE SITE AND YOUR USE OF THE SITE. Without limiting the foregoing, Clinical Cardiac and its licensors and Featured Physicians make no representations or warranties about the following:
1.The accuracy, reliability, completeness, currentness, or timeliness of the Content provided by Clinical Cardiac on or through the use of the Site; or
2.The satisfaction of any government regulations requiring disclosure of information on prescription drug products, medical procedures or medical devices referenced on the Site.
In no event shall Clinical Cardiac, its licensors, Featured Physicians, or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Clinical Cardiac, its licensors, Featured Physicians, or any third parties mentioned on the Site are advised of the possibility of such damages. Clinical Cardiac, its licensors, Featured Physicians, or any third parties mentioned on the Site shall be liable only to the extent of actual damages incurred by you, not to exceed the amount paid by you for the services in question during the six (6) month period prior to when such claim arose. Clinical Cardiac, its licensors, Featured Physicians, or any third parties mentioned on the Site are not liable for any personal injury, including death, caused by your use or misuse of the Site or its Content. Any claims arising in connection with your use of the Site and any Content must be brought within one (1) year of the date of the event giving rise to such action, otherwise, such claim will be permanently barred. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.
User Content
The personal information you submit to Clinical Cardiac is governed by the Privacy Policy for the Site. To the extent there is an inconsistency between these Terms and the Privacy Policy, these Terms shall govern.
You grant Clinical Cardiac and all other persons or entities involved in the operation of the Site and the services provided on or through the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. Without limiting the generality of the foregoing, you grant Clinical Cardiac the right to share information you provide to Clinical Cardiac with Clinical Cardiac’s affiliates and with third parties that provide services to Clinical Cardiac related to the Site, including, without limitation, sponsor or support services available on or through the Site. Clinical Cardiac cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using Clinical Cardiac features and services.
You agree that you will not upload or transmit any materials, communications or content of any type (including, without limitation, pictures, blogs, message boards and postings) (collectively, “User Content”) that infringe or violate any rights of any party. By submitting User Content of any kind, you agree that you have the right to submit such User Content and that such User Content is non-confidential for all purposes. You agree that you will be solely responsible for all User Content that you submit to the Site, including the consequences of posting or publishing such User Content.
You also agree that you will not send or transmit to Clinical Cardiac by email (including through the email addresses listed on the "Contact Us" link) any User Content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Clinical Cardiac by email, you agree such submission is non-confidential for all purposes.
If you submit to Clinical Cardiac by email any User Content that includes any business information, idea, concept or invention, you automatically grant or warrant that the owner of such User Content has expressly granted Clinical Cardiac a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the User Content in any media or medium, or any form, format, or forum now known or hereafter developed. Clinical Cardiac may sublicense its rights through multiple tiers of sub-licenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Site or to Clinical Cardiac by email. We try to answer every email in a timely manner, but are not always able to do so.
Clinical Cardiac does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Clinical Cardiac expressly disclaims any and all liability in connection with such User Content. Clinical Cardiac reserves the right to review all User Content prior to posting it on the Site and to remove any User Content for any reason, at any time, without prior notice, at our sole discretion.
User Content — Image, Video, Audio Files
You agree to only post or upload media (like photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person.
To protect your privacy, you agree that you will not submit any User Content that contains Personally Identifiable Information (like name, phone number, email address or web site URL) of anyone other than yourself.
By uploading any media on the Site, you warrant that you have permission from all persons appearing in such media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission. Uploading media such as images or video of other people without their permission is strictly prohibited.
It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms or the Clinical Cardiac Privacy Policy.
You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or the Site.
By uploading any media like a photo or video, (a) you grant to Clinical Cardiac a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes Clinical Cardiac to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify Clinical Cardiac and its affiliates, managers, officers, members and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these Terms.
Advertisements, Searches, and Links to Other Sites
Clinical Cardiac may provide links to third-party web sites. Clinical Cardiac also may select certain sites as priority responses to search terms you enter, and Clinical Cardiac may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Clinical Cardiac and Featured Physicians do not recommend and do not endorse the content on any third-party websites. Clinical Cardiac or Featured Physicians are not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements, and do not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Clinical Cardiac does not recommend or endorse any product, service, test, physician, procedure, opinion or treatment mentioned on the Site.
Indemnity
You agree to defend, indemnify, and hold Clinical Cardiac, its managers, members, officers, employees, agents, licensors, Featured Physicians, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms or your use of the Site.
General
Clinical Cardiac is based in Torrance, California, in the United States of America. Clinical Cardiac makes no claims that Clinical Cardiac, the Site or the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with Clinical Cardiac, or in any way relating to your use of the Site, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving Clinical Cardiac or its affiliates, subsidiaries, employees, contractors, officers, managers, members, telecommunication providers, and content providers.
These Terms are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Notice and Takedown Procedures; and Copyright Agent
If you are a copyright owner or an agent thereof and believe any materials accessible on or from the Site infringe your copyright, pursuant to the Digital Millennium Copyright Act ("DMCA") you may request removal of those materials (or access thereto) from the Site by contacting Clinical Cardiac’s copyright agent (identified below) and providing the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
1.Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2.Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3.Your name, address, telephone number and (if available) email address.
4.A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5.A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
6.A signature or the electronic equivalent from the copyright holder or authorized representative.
Clinical Cardiac’s agent for copyright issues relating to the Site is as follows:
Clinical Cardiac
Attn: Legal (Adam Pick)
21515 Hawthorne Blvd., Suite 200
Torrance, CA 90503
Or call: (888) 387-0413
If you believe that any User Content that you submitted to the Site and was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use such User Content, you may send a counter-notice containing the following information to Clinical Cardiac's agent for copyright issues:
1.Your physical or electronic signature;
2.Identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;
3.A statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or misidentification; and
4.Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the appropriate federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by Clinical Cardiac’s agent for copyright issues, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Clinical Cardiac 's sole discretion.
In an effort to protect the rights of copyright owners, Clinical Cardiac maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
Complete Agreement
Except as expressly provided in a particular "legal notice" on the Site, these Terms and the Privacy Policy constitute the entire agreement between you and Clinical Cardiac with respect to the use of the Site and Content.
Thank you for your cooperation. We hope you find the Site helpful and convenient to use. Questions or comments regarding the Site, including any reports of non-functioning links, should be submitted by email to adam@clinicalcardiac.com or via U.S. mail to: Clinical Cardiac, Inc., 21515 Hawthorne Blvd., Suite 200, Torrance, CA 90503.
