Intellectual Property Rights
The Ohio Heart and Vascular Center, Inc. (“Ohio Heart”) and its licensors retain all right, title and interest in and to the Ohio Heart.org Web site and all portions thereof (the “Site”), the Content (as defined below), features, products and services provided on or through the Site (collectively “Products”), and all related intellectual property, which includes, without limitation, the business processes, procedures, methods and techniques used with the Site and the Products, and all patent rights, copyright rights, sui generis database rights, trademark rights, trade secret rights and other proprietary rights therein throughout the world (collectively, “Intellectual Property”). The Products may be used, downloaded, displayed, and printed by you solely for your personal, internal and non-commercial use. You may not otherwise use, modify, publish, broadcast, transmit, transfer or sell, rent, lease, reproduce, create derivative works from, distribute, circulate, disseminate, perform, link, display, or in any way exploit any Product or Intellectual Property, in whole or in part, except as expressly permitted in any written agreement you may have with Ohio Heart or with the prior written consent of Ohio Heart (or the appropriate owner). You are prohibited from modifying any computer software provided on the Site in any manner or form, or from using modified versions of such software including, without limitation, for the purpose of obtaining unauthorized access to any portion of the Site or any Product.
Brands, company names, product names and logos on the Site are the trademarks, service marks, or trade names of Ohio Heart, its partners or licensors. The use of any Ohio Heart (or any Ohio Heart partner or licensor) trademark, trade name, or service mark without Ohio Heart’s (or the appropriate owner’s) express written consent is strictly prohibited.
Links
The Site may contain links to other Internet Web sites or resources. Ohio Heart does not endorse and is not responsible or liable in any way for any content, advertising, services or goods on or available from such Web sites or resources.
Liability Limitation and Disclaimers
THIS SITE AND THE PRODUCTS ARE PROVIDED ON AN “AS-IS” AND “WHERE-IS” BASIS; OHIO HEART EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
OHIO HEART DOES NOT REPRESENT OR WARRANT THAT (I) THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) ANY RESULTS OR CONTENT THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE, TIMELY, COMPLETE OR RELIABLE, AND (IV) ANY ERRORS WILL BE CORRECTED.
OHIO HEART IS NOT RESPONSIBLE AND WILL HAVE NO LIABILITY FOR (I) HARDWARE, SOFTWARE, OTHER ITEMS OR ANY SERVICES PROVIDED BY ANY PERSONS OR ENTITIES OTHER THAN OHIO HEART OR (II) THE FAILURES OF THE INTERNET OR ANY DATA OR TELECOMMUNICATIONS EQUIPMENT, SYSTEM OR NETWORK USED IN CONNECTION WITH THE SITE OR THE PRODUCTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OHIO HEART WILL NOT BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (I) ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR PRODUCTS, EVEN IF OHIO HEART HAS BEEN ADVISED OF SUCH DAMAGES OR THE POSSIBILITY OF SUCH DAMAGES; (II) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY; (III) PERSONAL INJURY, INCLUDING, WITHOUT LIMITATION, DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SITE OR THE PRODUCTS; OR (IV) AGGREGATE LIABILITY IN EXCESS OF $50.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
ALL CONTENT PROVIDED ON OR THROUGH THE SITE (I) IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY, (II) IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, CARE, DIAGNOSIS OR TREATMENT, AND (III) IS NOT DESIGNED TO PROMOTE OR ENDORSE ANY MEDICAL PRACTICE, PROGRAM OR AGENDA OR ANY MEDICAL TESTS, PRODUCTS OR PROCEDURES. THE SITE DOES NOT CONTAIN INFORMATION ABOUT ALL DISEASES, NOR DOES THIS SITE CONTAIN ALL INFORMATION THAT MAY BE RELEVANT TO A PARTICULAR MEDICAL OR HEALTH CONDITION. YOU SHOULD NOT USE ANY CONTENT FOR DIAGNOSING OR TREATING A MEDICAL OR HEALTH CONDITION. YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF ANY PRODUCTS ADVERTISED OR PROMOTED ON OR THROUGH THE SITE AND DISPLAYED ON OR IN THE ASSOCIATED PRODUCT PACKAGING AND LABELS BEFORE PURCHASING AND/OR USING SUCH PRODUCTS. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM, YOU SHOULD CONTACT YOUR PROFESSIONAL HEALTHCARE PROVIDER THROUGH APPROPRIATE MEANS. YOU AGREE THAT YOU WILL NOT UNDER ANY CIRCUMSTANCES DISREGARD ANY PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING SUCH ADVICE IN RELIANCE ON ANY CONTENT PROVIDED ON OR THROUGH THE SITE. RELIANCE ON ANY SUCH CONTENT IS SOLELY AT YOUR OWN RISK.
CONTENT PROVIDED ON OR THROUGH THIS WEB SITE REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED OR APPROVED BY THE FOOD AND DRUG ADMINISTRATION. YOU AGREE TO CONSULT YOUR HEALTHCARE PROVIDER BEFORE BEGINNING ANY COURSE OF DIETARY SUPPLEMENTATION OR TREATMENT.