These terms and conditions (“Terms and Conditions”) govern your use of this Website cardiovillage.com (“Website”). In these Terms and Conditions, CardioVillage is referred to as the “Company”, “CardioVillage Membership,” “us,” or “we.”
- Welcome to CardioVillage Membership. These terms and conditions apply to the services available from and related to the domain and subdomains of the Website, including without limitation any Company-owned or third-party communication channels accessible from or related to the content of the Website (together with the Website, the “Services”).
- For as long as the Company continues to offer the Services, it shall provide and seek to update, improve and expand the Services. As a result, the Company allows you to access the Website as it may exist and be available on any day and it has no other obligations, except as expressly stated in these Terms and Conditions. The Company may modify, replace, refuse access to, suspend or discontinue the Website, partially or entirely, or change and modify prices for all or part of the Services in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. Your use of the Services following such posting or communication constitutes your acceptance of the terms and conditions of this Agreement as modified.
- Nothing in these Terms and Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorize any party to make or enter into any commitments for or on behalf of any other party.
- The Company does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Services without the express consent of such person’s parent or guardian. If you are under 13 and wish to use the Services, please have your parent or guardian contact us at email@example.com. Until we receive the consent of your parent or guardian for your use of the Services, do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to the Company or on the Services without the express consent of such person’s parent or guardian. In the event that we learn that we have collected personal information from a child under age 13 without verification of consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at firstname.lastname@example.org.
Your Use of this Website
- You must not use this Website for anything that is unlawful or is prohibited by these Terms and Conditions and/or any notices elsewhere on this Website.
- The Company advises that you seek professional advice before relying on any information on this Website. Under no circumstances will Company be liable in any way for any information it provides on the Website or through the Services, including, but not limited to, any errors or omissions in any content and information, including but not limited to text, software, music, sound, photographs, graphics, video or other material (also known as “Content”), or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
- When using this Website or the Services, you must not do any of the following:
- defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others;
- publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent, offensive or unlawful material or information;
- upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights or have received all necessary consents;
- upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer;
- impersonate any person or entity, including without limitation any employee or representative of Company;
- post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services;
- run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with or place an unreasonable load on the Services’ infrastructure or any third party websites or services;
- decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services;
- delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
- falsify the origin or source of software or other material contained in a file that is uploaded;
- advertise or offer to sell any goods or services or conduct or forward surveys, competitions, or chain letters, or solicit donations; or
- download any file posted by another user of this Website that you know, or reasonably should know, cannot be legally distributed in such manner.
- You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
- You represent and warrant to Company that you are of legal age to form a binding contract or have your parent’s permission to do so. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
- If you are registering with the Website as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business, you must comply with and you are responsible for all laws applicable to your business.
- If you link to the Website, Company may revoke your right to so link at any time, at Company’s sole discretion. Company reserves the right to require prior written consent before linking to the Website.
- You will indemnify and hold Company, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of these Terms and Conditions, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
- You will need to register to become a member of this Website (“Member”) if you wish to access the Services via this Website, and continued membership is subject to the Company’s subscription charges set out in your subscription plan. You are free to notify us of your wish to change the membership package to which you subscribe at any time, provided such change will not take effect until the end of your current commitment period (which may be either a yearly or a monthly period). Changes will be subject to these Terms and Conditions (and in particular paragraph 4.2).
- You must provide true, accurate, current and complete information about yourself when completing the registration form. You must maintain and update this information and keep it true, accurate, current and complete. If any information provided by you is not true, accurate, current and complete, the Company has the right to cancel your membership and refuse any and all current or future use of this Website.
- Registration requires a valid email address (which will serve as your user name) and unique password. Please create a secure password: choose a password that uses a combination of letters, upper case and lower case, numbers, and symbols. For example, $Mydog2!. Avoid choosing obvious words or dates such as a nickname or your birth date. Please use maximum caution to keep your user name and password confidential and log-off from the Website when your session is complete to prevent unauthorized access to your information. If your user name or password is subject to unauthorized access, you should immediately inform the Company.
- You must not tell anyone else your user name or password. Any unauthorized use of either of them must be reported to email@example.com as soon as you are aware of such use and the Company will, as soon as reasonably possible, cancel your user name and/or password and issues new ones to you.
- The Company may, for security or other reasons, require you to change your user name and/ or password or other information which facilitates access to this Website or its Services.
- The Company reserves the right to cancel your user name and password without notice if the Company becomes aware of any breach of these Terms and Conditions by you.
- Once the Company has sent you a confirmation e-mail you will become a Member and will be able to access the Services available via the Website. You may cancel your membership at any time by contacting firstname.lastname@example.org.
Charges and Payment
- Charges are linked to the individual or group membership package to which you subscribe. The terms of the membership to which you subscribe are incorporated in these Terms and Conditions by reference as if fully set forth herein.
- Your membership will automatically renew and you will be charged in advance of your RENEWED MEMBERSHP START DATE until your membership is cancelled. You may notify us of your wish to cancel your membership at any time at email@example.com, but your cancellation will not take effect until the end of your current commitment period. ADDITIONAL TERMINATION PROVISIONS MAY BE FOUND IN PARAGRAPH 7 OF THESE TERMS AND CONDITIONS. Annual subscriptions will renew on the one-year anniversary of the start of your current annual membership term and will be effective for an additional year-long term unless cancelled prior to renewal. PRICES MAY CHANGE AND WILL RENEW AT THE THEN-APPLICABLE membership COST. In the case of a material change in the terms of the automatic renewal, we shall provide you with notice of the material change and provide information regarding how to cancel in a manner that is capable of being retained by you. All charges are in US Dollars. Your membership period begins on the date on which you register for the Services and finishes on the day before that calendar date the following period.
- Payment for all charges are payable upon registration or the relevant periodic payment date. You can pay membership fees by any MasterCard, Visa, or American Express credit card; PayPal; or any other payment methods the company accepts. Your payment details will be encrypted to minimize the possibility of unauthorized access or disclosure. At the time of registration, you will be asked to provide credit/debit card details. In the event that the Company is unable at any time to obtain payment of any charges using such credit card details, the Company may freeze your account until it has received settlement in full.
- Your membership package may start with a free trial. The Company reserves the right, in its absolute discretion, to determine your eligibility for a free trial, and to withdraw or to modify a free trial at any time without prior notice and with no liability. We require you to provide your payment details to start a free trial. At the end of your free trial, the Company will automatically start to charge you for the membership package associated with your free trial on the first day following the end of the free trial period, and continuing on a recurring yearly or monthly basis, depending on the length of your subscription period. By providing your payment details in conjunction with the free trial registration, you agree to this charge. If you do not want this charge, you must cancel your membership by contacting firstname.lastname@example.org before the end of your free-trial. See paragraph 7 for additional details of cancellation. You may not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun.
- You may be eligible for a discount on your membership fees in accordance with any of our other programs, such as a referral and any other discount program that we may implement from time to time. The Company reserves the right, in its absolute discretion, to determine your eligibility for any discounts, and to withdraw or to modify a discount program at any time without prior notice and with no liability. In connection with our referral program, you will not receive a notice from us that a referred member’s account has been inactivated, and any discount associated with an inactivated member account will cease to apply as of your next membership payment period after such inactivation becomes effective.
Dealings with Third Parties
- The Company is not an agent of any third party or any party named or linked to this Website (“Third Parties”) and does not have any authority to act for such Third Parties. The Company does not control or endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such Third Parties.
- In certain situations, third party businesses may provide services that are available to you through the Company’s Services. We do not control any such third party service providers. You agree that we are not responsible for the availability or contents of any such third party sites, or the services they provide, which shall be governed by the Terms and Conditions of that third-party business. Your use of third party sites and services is at your own risk. You agree to comply with the relevant terms and conditions of any such third party service provider.
- As part of the Techdegree program, the Company may engage certain individuals as independent contractors to provide mentoring and support services to you. You acknowledge and agree that the Company does not control the work or the services provided by such independent contractors, is not responsible for their supervision or hiring, and that such individuals are not agents of the Company and have no power to bind the Company. The Company shall not be liable for the actions or failure to take action of any such individual.
- You agree that (to the maximum extent permitted by applicable law) the Company (and our officers, directors and employees) shall have no liability to you in relation to any dispute which you may have with a Third Party, without limitation one or more of your customers, and/or any other users of this Website.
- You acknowledge and agree that all Content provided on the Website or through the Services, contained in sponsor advertisements or, presented to you by the Company, its partners or advertisers, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and except as expressly permitted herein, shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
- Without prejudice to any remedy that the Company may have against you, the Company may terminate or suspend with immediate effect and without notice your access to and use of this Website and your membership if:
- It does not receive timely payment under your subscription;
- It reasonably believes that you have breached any of these Terms and Conditions;
- It is unable to verify the accuracy or validity of any information provided by you;
- Or it suspects fraudulent, abusive or illegal activity by you.
- Should you object to any of these Terms and Conditions, or any subsequent changes to them, or become dissatisfied with this Website in any way, your only recourse is to immediately discontinue to access or use this Website.
- You may notify us of your wish to cancel your membership at any time at email@example.com, but your cancellation will not take effect until the end of your current commitment period. You will not be entitled to a refund for any membership fee already paid.
- You may notify us of your wish to reduce the number of additional users attached to your account or to downgrade to a different package at any time by contacting firstname.lastname@example.org, but such reduction will not take effect until the end of your current commitment period (which may be either a yearly or a monthly period). You will not be entitled to a refund for any periodic fee already paid in respect of such users or enhanced package, in accordance with paragraph 4.2.
- Without prejudice to any remedy that the Company may have against you, the Company may terminate or suspend with immediate effect and without notice your access to and use of this Website and your membership if:
Warranty Disclaimer and Limitation of Liability
- Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. THE SERVICES, CONTENT, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU FOR THE SERVICES PURCHASED THROUGH THE WEBSITE DURING THE SIX-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (IV) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL; OR (V) FOR ANY ACTIONS OF, OR SERVICES PROVIDED BY, THIRD-PARTY SERVICE PROVIDER BUSINESSES OR INDEPENDENT CONTRACTORS PROVIDING SERVICES ON BEHALF OF THE COMPANY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Amendment to these Terms and Conditions
- The Company reserves the right to amend and alter these Terms and Conditions and any Content or information contained on the Website at any time. In the event these Terms and Conditions are altered the Company will post the amended Terms and Conditions on this Website. Changes will apply from the date of posting.
- Whilst the Company will try to provide you with uninterrupted access to this Website and its Services, The Company may need to withdraw, modify, discontinue or temporarily or permanently suspend one or more aspects of this Website where the Company has a legal, technical or other good reason to do so (including technical difficulties experienced by the Company or any Internet infrastructure). However, The Company will try, wherever possible, to give reasonable notice of the Company’s intention to do so.
- The Company reserves the right to withhold, remove and or discard any Content available as part of your account, including any Content contributed by you, with or without notice if deemed by the Company to be contrary to these Terms and Conditions. The Company has no obligation to store, maintain or provide you a copy of any Content that you provide when using the Services.
- If the Company fails to exercise or enforce a right under the Terms and Conditions that failure shall not constitute a waiver of such right or provision.
- If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, that provision shall be deemed severed and the validity and enforceability of the remaining provisions shall not be affected. The parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision.
- These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Oregon, without regard to the conflict of laws provisions thereof. Both parties submit to the non-exclusive jurisdiction and venue in the United States Federal Courts, District of Oregon.
- These Terms and Conditions set out the Company’s entire agreement and understanding with respect to the subject matter of these Terms and Conditions and supersedes all representations, communications and prior agreements (written or oral).
- Each party acknowledges that on entering into these Terms and Conditions, it does not rely, and has not relied, upon any representation (whether negligent or innocent), statement or warranty made or agreed to by any person (whether a party to these Terms and Conditions or not) except those expressly set out in these Terms and Conditions.
- Unless expressly provided in the Terms and Conditions no term of them is enforceable by any person who is not a party to it.
- You must report any violations of these Terms and Conditions to support@CardioVillage.com.