The Terms of the Heartwaves, LLC begins on January 18, 2012
Heartwaves.org is a free website and social platform focused exclusively on the Congenital Heart Defect Community. The core objective is to help families and friends stay connected during challenging times.
Heartwaves.org, it’s community and it’s bloggers do not intend to provide medical information or replace the advice of a health professional. Any comments or written material, including and not limited to blogs, static information, comments, community post, etc. posted on the Heartwaves.org site are designed to support, not take the place of the relationship that exists between a Heartwaves.org User and his/her existing physician, Pediatric Cardiologist, and/or Pediatric Cardiothoracic Surgeon. Disclaimer: The content and information on this site are presented for informational purposes only, and should not be substituted for professional advice. Nothing should ever replace the advice and diagnosis of your (child's) physicians. Always consult your (child's) physicians with your questions and concerns.
By using Your Agreement is as follows
Administrators, Patients, Followers, Users, and Followers
When you use Heartwaves.org to start, generate, or maintain (add, edit and delete content) a page on Heartwaves.org, you are acknowldeging that Heartwaves.org is serving as a conduit of information to the CHD families and friends. Heartwaves.org is not responsible for maintaining or developing any content or information for any organization or individual represented on Heartwaves.org. As a Hub for the CHD community, we provide sourced information on each individual organization.
Heartwaves.org may use the User Submissions in various formats in connection with the site and its affiliates. Heartwaves.org may decide to apply User Submission (not limited to) in publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works. Additionally, Heartwaves.org may create copied works from it, promoting it, distributing it. Additionally, the aforementioned policy on User submission will apply to all Heartwaves.org sites, affiliate sites, subsites, media platforms, and applications (“Third Party Media”). By submitting User Submissions on the Hearwaves.org and/or its affiliate sites, the user hereby do and shall grant Hearwaves.org a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform. You also hereby do and shall grant each user of the Site and/or the Service, including Third Party Media, a non-exclusive license to access your User Submissions through the Site and the Service, and to edit, modify, use, distribute, reproduce, prepare derivative works of, display and perform such User Submissions in connection with their use of the Site, Service and Third Party Media.
By use and submission, the “user” (you) represent and entitle that you have all rights to grant such license to Heartwaves.org and its affiliate sites without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights. You, and you alone, are legally responsible for your Submissions. If any part of your Submission is not your original work, it is your responsibility to obtain permission from the copyright owner before you post your Submission.
Heartwaves.org is not liable for any information publicly posted or privately transmitted on its site or its affiliate sites. Heartwaves.org will NOT be liable for any errors or omissions in any Content; and that Heartwaves.org cannot guarantee the identity of any other users with whom you may interact with in the course of using the Service.
After deletion of user submissions by the user, they will be removed from Heartwaves.org. However, you understand that any removed User Submissions may persist in backup copies for a reasonable period of time (but following removal will not be shared with others) or may remain with users who have previously accessed or downloaded your User Submissions.
Additional Restrictions for Use of our Service
You are restricted by Heartwaves.org from the use of our service if your intentions are:
• to access (or attempt to access) parts, fields, or features of our Service for which you do not have the proper Authorization.
• to connect one Heartwaves Site to another without consent of the administrator of that Heartwaves.org Site, page, or affiliates site.
• in a manner that violates any national, state, local or international law, rule or regulation.
• to impersonate any person or entity, or misrepresent yourself or falsely mislead anyone with, your age, or your affiliation with any person or entity;
• for any commercial purpose, including using Heartwaves.org and its entities and affiliates, advertisers, or partners solely to advertise, promote or sell products or services for your own benefit or gain.
• to collect email addresses or other contact information or communication connections of other users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; or
• in a manner that we determine, in our sole discretion, inhibits or limits any other user from using or enjoying our Service.
to promote or support any criminal or illegal activity or to provide instructional information about illegal activities in a manner that interferes with, disables, disrupts, impairs, or creates an undue burden on the networks or services that support our Service;
Content ownership posted by Administrators, Followers, Users, and Followers on Heartwaves.org
Administrators reserve the right to erase, delete, or edit, without notification, any content they would rule inappropriate.
Ownership of Heartwaves.org and its Content
Copyrights. As between you and Heartwaves.org, Heartwaves.org and its licensors own and reserve the copyrights in our Service, including all of its Content, except that Heartwaves does not claim ownership of the copyrights in your Submissions.
Violation of Copyrights/Copyright Agent. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you are the copyright owner (or are Authorized to act on behalf of the copyright owner), please notify our Copyright Agent immediately of any copyright infringement. As soon as we receive your notice of claimed infringement, in the form described below, we will promptly remove or disable access to materials that are claimed to be infringing (or the subject of infringing activity). Your notice must be in writing and must include the following:
• a description of the copyrighted work you believe has been infringed (or if you believe multiple copyrighted works have been infringed, a representative list);
• a description of the material you believe is infringing or the subject of infringing activity, together with enough information to permit us to locate the material;
• enough information to permit us to contact you, such as, your name, address, telephone number and, if available, e–mail address;
• a statement that you have a good faith belief that the allegedly infringing use of the material was not Authorized by the owner of the exclusive right that is allegedly infringed (the “copyright owner”), an agent for the copyright owner, or by law;
• a statement that all of the information you have provided is accurate; and
• a statement, made under penalty of perjury, that you are the copyright owner or are Aurthorized to act on behalf of the copyright owner.
Your notice must be signed (physically or electronically) and must be addressed as follows:
Care of: Jared Broussard
P.O. Box 83223
Baton Rouge, LA 70884 Phone: 225-456-1117
Any notification by a copyright owner or a person Authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Heartwaves.org actual knowledge of facts or circumstances from which infringing material or acts are evident.
Ownership of Ideas
Any ideas you choose to submit to us may be used by us in any manner whatsoever without compensating you in any way and without obligation of confidentiality. Please read this section carefully before you submit any ideas to us.
Heartwaves.org does not wish to receive confidential or proprietary Ideas. All Ideas submitted to Heartwaves.org through our service will be considered NON–CONFIDENTIAL and NON–PROPRIETARY.
By submitting Ideas to Heartwaves.org through our Service, you are granting to Heartwaves.org, its affiliates, and its designees a perpetual, irrevocable, worldwide, non–exclusive, fully–paid up and royalty free, fully assignable, transferable and sublicensable license to use, exploit, modify, improve, copy, distribute, display or perform publicly (including, in the case of sound recordings, to perform publicly in digital audio transmission), prepare derivative works of the Ideas you submit (and all rights therein), without restrictions of any kind, without any payment or other consideration of any kind, without notification to you or any third party, and without attribution, throughout the universe and in any form, format or medium now or hereafter known, and to authorize others to do the same. This license includes the right to reduce to practice, make, have made, use, import, export, sell, and offer to sell products and services incorporating, embodying, or using the Ideas (including, to the extent reasonably necessary, any ideas underlying the Ideas) and to authorize others to do the same.
Right to Modify or Discontinue Site
Heartwaves.org reserves the right at any time to modify or discontinue, temporarily or permanently, our service (or any part thereof) with or without notice. Heartwaves.org shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Service.
Links to Other Sites
Disclaimer of Warranties
Heartwaves.org makes no representations or warranties whatsoever with respect to this service, any content (including user submissions) on this service, or any product or service promoted through this service. This service and all of its content are provided “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Heartwaves.org disclaims all warranties, express or implied, arising by statute, custom or course of dealing, course of performance or in any other way, including without limitation implied warranties of title, non–infringement, merchantability, and fitness for a particular purpose. Without limiting the generality of the foregoing, Heartwaves.org does not make any representations or warranties as to the accuracy, correctness, reliability, completeness or usefulness of any content appearing on this service. Heartwaves.org does not endorse any opinion, advice, comment or statement made on this service by users, and user submissions do not in any way reflect the opinion, advice or statement of Heartwaves.org.
Nothing in these terms and conditions shall affect any statutory rights to which you may be entitled as a consumer to the extent your ability to alter or waive such rights by contract is limited by applicable law.
Limitations of Liability
Under no circumstances, shall Heartwaves.org, or its sponsors, licensors, or service providers, or any of its or their respective shareholders, directors, officers, employees or agents (collectively, the “released parties”), be liable to you or any third party claiming through you for any losses or damages arising out of or in connection with this service, its content (including user submissions), any products or services made available through this service, or your use of or inability to use this service, including any loss or damage due to viruses that may affect your computer equipment, software, data or other property on account of your use of this service or your downloading of any material from this service.
This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether direct, indirect, general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether the claim is based on contract, tort (including negligence), strict liability or any other legal theory, even if an authorized representative of Heartwaves.org or another released party has been advised of or should have known of the possibility of such damages, and without regard to the success or effectiveness of other remedies.
If any part of this limitation of liability is found to be invalid, illegal or unenforceable for any reason, then the aggregate liability of Heartwaves.org, its sponsors, licensors, and service providers, and its and their respective shareholders, directors, officers, employees and agents, under such circumstances to you or any person or entity claiming through you for liabilities that otherwise would have been limited shall not exceed one hundred dollars ($100.00).
Some jurisdictions do not allow the exclusion of liability for certain types of damages. Accordingly, some of these limitations of liability may not apply to you.
Nothing in these terms and conditions shall limit or exclude liability for losses or damages which may not be lawfully excluded or limited by applicable law.
Special Terms for Administrators of Sites
The following special terms apply when you use our Service to create or maintain a Heartwaves.org Site:
Age Restriction. You must be at least 18 years old to create and maintain a Heartwaves.org Site. If you are under 18, your parent or guardian may create and maintain a Heartwaves.org Site for you. Your parent or guardian must register as an Administrator for your site .
Administrator Registration Information. As an Administrator of a Heartwaves.org Site, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the setup account form on the “Start A Patient” Page, and (b) to maintain and promptly update the Administrator Account Information to keep it true, accurate, current and complete.
Administrator Log In Information. As an Administrator of a Heartwaves.org Site, you will update a Site using your log in information(email address and password). When you log in using your email address and password, you will be able to update a Heartwaves.org Site.
Administrator Log In Information Security. You may not use the email address and password of any other person to access our Service without that person’s Administratorization. You are responsible for maintaining the confidentiality of your administrator email address and Password and may not let any other person use it to access our Service. You shall be solely responsible for the activities of anyone accessing our Service using an Administrator Password assigned to you, even if the activities were not, in fact, Administratorized by you. You must notify Heartwaves.org immediately of any unAdministratorized use of your Administrator Password. Email us at Info@Heartwaves.org. In addition, if you believe or suspect your Administrator Password has been compromised, you must promptly change your Administrator Password using the functionality provided on our Service. If you need help changing your Administrator Password, contact us at firstname.lastname@example.org
Term and Cost of Service. Unless one of the other provisions of these Terms of Service applies:
• Heartwaves.org will host your Site at no charge to you for one (1) year from the date you create your Heartwaves.org Site.
• At the end of one (1) year, we may review Heartwaves.org Sites for activity. If the Heartwaves.org Site is still active, we will contact the Primary Administrator and, if the Primary Administrator wishes to continue to maintain the Heartwaves.org Site at no charge to you. If a Heartwaves.org Site has been inactive for at least six (6) months as of the end of the first year, we may delete the Heartwaves.org Site.
• After the first year, we will periodically review Heartwaves.org Sites for activity. After the first year, we may delete inactive Heartwaves.org Sites after a six (6) month period of inactivity.
• Primary Administrators may deactivate your Heartwaves.org Site at any time.
Termination. As the Primary Administrator of a Heartwaves Site, you agree that Heartwaves may, under certain circumstances and without prior notice, immediately delete your Heartwaves Site. Cause for such termination will include, but not be limited to, (a) breaches or violations of these Terms of Service or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Site (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods (more than six months) of inactivity. Further, you agree that all terminations for cause will be made in Heartwaves’s sole discretion and that Heartwaves will not be liable to you or any third–party for deletion of a Heartwaves Site.
Special Terms for Followers and Followers
The following additional terms apply when you use our Service to visit a Heartwaves.org Site:
Age Restriction. You must be at least 13 years old to register as a Follower and/or follower. If you are under 13, your parent or guardian may create and maintain a Heartwaves.org account for you. Your parent or guardian must register as the Follower.
Follower Registration Information. As a Follower of Heartwaves.org, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form on the “Follower Registration” page, and (b) to maintain and promptly update your Follower Registration Information to keep it true, accurate, current and complete.
Follower Password. As a registered Follower/Follower, you choose a unique password (your “Follower Password”). When you log in using your Follower Password, you will be able to update your Follower Registration Information. You may change your Follower Password at any time.
Follower Password Security. You may not use the password of any other person to access our Service. You are responsible for maintaining the confidentiality of your Follower Password and may not let any other person use it to access our Service. You shall be solely responsible for the activities of anyone accessing our Service using a follower Password assigned to you, even if the activities were not, in fact, Authorized by you. You must notify Heartwaves.org immediately of any unauthorized use of your follower Password. Email us at email@example.com. In addition, if you believe or suspect your follower Password has been compromised, you must promptly change your follower Password using the functionality provided on our Service. If you need help changing your Follower Password, contact us at firstname.lastname@example.org.
Every member of the Heartwaves community, including the Adminstrator(s), family and all followers, is responsible for maintaining the confidentiality of the website address (“URL”) of a Heartwaves Site in accordance with the Administrator(s) wishes. Heartwaves has no way of knowing and will not be responsible or liable if the individual accessing a Heartwaves Site obtained the website address through improper means.
In addition, individuals using our Service must understand that the Internet is inherently insecure and no website operator can guarantee that a website is secure.
Heartwaves.org does not warrant that our Service or any Heartwaves.org Site is secure or “hackerproof.” You use our Service solely at your own risk.
Protecting Children Under the Age of Thirteen
The Heartwaves.org communities may include friends and family of all ages. Special care must be taken to protect children under the age of 13. For this reason, Heartwaves.org does not permit children under age 18 to create or maintain their own Heartwaves.org Sites — a parent or guardian must register as an administrator and take responsibility for the Heartwaves.org Site. We also do not permit children under the age of 13 to register as followers. Instead, their parent or guardian must register as the follower, so that the parent or guardian can supervise their child’s activities as necessary. If you believe that a child has posted Submissions on our Service without the consent and supervision of a parent or guardian, please contact us at Heartwaves.org so that we can take appropriate action.
Choice of Law, Jurisdiction and Venue
Statute of Limitations