Cardiotabs.Com Terms And Conditions
IMPORTANT! PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS (“TERMS”) BEFORE USING THIS WEB SITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. These Terms only apply to the CardioTabs.com web site, features, functionality, applications and services that post a link to these Terms, whether they are accessed via computer, mobile device or otherwise (collectively, the “Site”). The Site is owned or controlled by Good Things Health, LLC d/b/a CardioTabs (herein, “CardioTabs,” “we” or “us”). These Terms govern your use of the Site and do not apply to any other web site or any offline activities by CardioTabs (unless specifically stated). You agree to these Terms by accessing or using the Site. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THE SITE.
THIS SITE DOES NOT PROVIDE MEDICAL ADVICE
The information contained in this Site, or provided to you via the Site in response to a request made or a question asked by you, or as a result of the completion of a questionnaire by you is provided for informational purposes only. The information should not be considered complete and does not cover all health issues. The information should not be used in place of a visit with, call to, consultation or advice from your physician or other health care provider about your health, any medical conditions, prevention or wellness program.
CardioTabs does not recommend self-management of health problems nor does it endorse any particular type of medical treatment. If you suspect you have a medical problem, or should you have any health care related questions, please promptly call or see your physician or other health care provider. You should not conclude by virtue of the nutritional supplement recommendation made on this Site, something you have read on this Site or in the information provided in response to your inquiries or questions that you do not need to consult a health care professional nor should you rely on such information to cure an ailment or alleviate pain.
Never disregard medical advice or delay in seeking medical advice or treatment as a result of something you read on this Site, or as a result of the nutritional supplement recommendations made on this Site, or as a result of the answer to any of your inquiries via the Site. The information is not a substitute for professional medical advice and nothing contained on this Site or in a response to your inquiries or questionnaires via the Site is intended to be instructional for medical diagnosis or treatment.
You may email us with questions regarding our products. Do not send us any medical, therapeutic or treatment questions. CardioTabs and its experts do not provide medical advice, and as previously stated, we urge you to contact your doctor if you feel you require medical advice or treatment.
Information and statements regarding nutritional supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease.
OWNERSHIP OF SITE MATERIALS
Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Site (including past, present and future versions), including, without limitation: graphics; layout; text; instructions, images; audio videos; designs; advertising copy; logos; domain names; trade names; service marks and trade identities; any and all copyrightable material (including source and object code); the "look and feel" of the Site; the compilation, assembly and arrangement of the materials of the Site; and all other materials related to the Site (collectively, the "Materials") are owned, controlled or licensed by CardioTabs, its subsidiaries or affiliates and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties.
The Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express permission of CardioTabs, unless and except as is expressly provided in these Terms. Any unauthorized use of the Materials is prohibited.
If you believe that any Materials, User Content or other information or data on our Site has infringed on your intellectual property rights, please notify CardioTabs’ Copyright Agent and provide the following information in compliance with the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. 512(c)(3)): (a) the physical or electronic signature of the rights owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the right claimed to have been infringed; (c) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material; (d) your name, address, telephone number, and email address; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the rights owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the right that is allegedly infringed. Please send your notice to CardioTabs’ Copyright Agent, at the following address:
6701 West 91st Street
Overland Park, KS 66212
YOUR LICENSE TO USE MATERIALS ON OUR SITE
You also agree that you will not: (a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard search engine or Internet browser usage), nor will you (b) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Materials in any way for any public or commercial purpose except as specifically permitted by these Terms or otherwise in writing by CardioTabs.
CardioTabs may grant you – but only through express written permission – the limited, revocable permission to engage in certain expressly described personal uses of Materials as may from time to time be made available via forms of digital delivery on the Site for such purpose ("Viral Distribution"). Express written permission for Viral Distribution may include these personal uses: (a) sending Materials to friends or acquaintances at no charge; (b) posting and displaying a copy of Materials on a personal web site; or (c) posting and displaying a copy of Materials on a third party web site that permits users to post content, so long as the posting is allowed pursuant to the third party site terms and conditions, and provided that the third party web site does not charge for access to those materials or associate those materials with products, services or advertising.
If expressly permitted and made available on the Site, you may engage in Viral Distribution pursuant to these Terms, but you will not make any use of or license, distribute, reproduce, or otherwise exploit any part of the Materials without our express written permission.
THIRD PARTY AND USER CONTENT.
Certain areas of our Site may contain content provided by third parties and other end users such as yourself (“User Content”). CardioTabs is not responsible in any way whatsoever for any User Content. You agree that you will not upload any User Content that violates any applicable law or the rights of any third party. Furthermore, in connection with uploading any User Content, you are representing and warranting to CardioTabs that you have the right to do so and that CardioTabs’ display and use of such User Content does not violate the rights of any third party. If any User Content provided by you is or is alleged to be illegal or in violation of the rights of another party, we will cooperate with the proper authorities, including, but not limited to, submitting all necessary information to them. CardioTabs has no obligation, however, to restrict or monitor any User Content.
MEMBERSHIP & REGISTRATION
Certain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features or access certain Materials or User Content. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain Materials or User Content or participate in certain features of the Site. When you provide information to the Site, you agree to provide only true, accurate, current and complete information about yourself and to the extent you are providing information about a third party such as an entity or otherwise, you are authorized to disclose such information and that you disclosure of such information to us does not violate any law. Furthermore, you will not use this Site or provide us with any information about yourself if you are under the age of 13.
If you register with us, you agree to accept responsibility for all activities that occur under your account or password, if any, and you agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer (or other Internet access device, as applicable) so that others may not access the password protected portion of the Site using your name in whole or in part. CardioTabs reserves the right to terminate your account or otherwise deny you access to the Site in its sole discretion without notice and without liability.
You agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site and you will be responsible for all charges related thereto. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Site, including, without limitation, those governing your transmission or use of any software or data.
The Site may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor's requirements of you in connection with the applicable sweepstakes or promotion.
THIRD PARTY LINKS, CONTENT AND CROSS-SITE FUNCTIONALITY
CardioTabs grants you the revocable permission to link to the Site; provided, however, that your web site, or any third party web sites that link to the Site: (a) must not frame or create a browser or border environment around any of the content on the Site or otherwise mirror any part of the Site; (b) must not imply that CardioTabs or the Site is endorsing or sponsoring it or its products, unless CardioTabs has given it prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in CardioTabs' sole opinion, harm CardioTabs or its products or services; (d) must not use any CardioTabs trademarks without the prior written permission from CardioTabs; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in CardioTabs' sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the Site, you agree that you do and will continue to comply with the above linking requirements.
Notwithstanding anything to the contrary contained in these Terms, CardioTabs reserves the right to prohibit linking to the Site for any reason in our sole and absolute discretion even if the linking complies with the requirements described above.
DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CARDIOTABS OR ANY OF ITS EMPLOYEES, MANAGERS, MEMBERS, OFFICERS, SHAREHOLDERS, AGENTS, VENDORS, CONTRACTORS (COLLECTIVELY, THE "CARDIOTABS PARTIES") MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITE; (B) THE MATERIALS ON OR PROVIDED THROUGH THE SITE; (C) USER CONTENT; (D) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE SITE; (E) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED AT THE SITE; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO CARDIOTABS OR VIA THE SITE. IN ADDITION, THE CARDIOTABS PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE CARDIOTABS PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE CARDIOTABS PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE IS AT YOUR SOLE RISK. THE CARDIOTABS PARTIES DO NOT WARRANT THAT YOUR USE OF THIS SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE CARDIOTABS PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THESE TERMS.
BY ACCESSING OR USING THE SITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE.
THE CARDIOTABS PARTIES DO NOT ENDORSE THE USER CONTENT OR COLLABORATIVE CONTENT, IS NOT RESPONSIBLE FOR THE USER CONTENT OR COLLABORATIVE CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH USER CONTENT OR COLLABORATIVE CONTENT) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT OR COLLABORATIVE CONTENT OBTAINED THROUGH THE SITE.
LIMITATION OF LIABILITY; WAIVER
UNDER NO CIRCUMSTANCES WILL THE CARDIOTABS PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SITE; (B) THE MATERIALS; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE CARDIOTABS PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SITE'S TECHNICAL OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, CELLULAR PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE CARDIOTABS PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITE). IN NO EVENT WILL THE CARDIOTABS PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE CARDIOTABS PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF CARDIOTABS' ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE CARDIOTABS PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE CARDIOTABS PARTIES.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF THE CIVIL CODE OF KANSAS, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
TERM AND TERMINATION
CardioTabs reserves the right to terminate your access to and use of the Site in its sole discretion, without notice and liability, including, without limitation, if CardioTabs believes you fail to conform with these Terms. CardioTabs also reserves the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any e-mails you send to the Site or CardioTabs. Any violation of these Terms may be referred to law enforcement authorities.
Upon termination of your access to the Site, or upon demand from CardioTabs, all rights granted to you under these Terms will cease immediately, and you agree that you will: (a) immediately discontinue use of the Site; (b) destroy all materials obtained from the Site and all related documentation; and (c) as applicable, pay any amounts owed to CardioTabs in full within thirty (30) days from the date of such termination and continue to pay any other amounts owed under these Terms.
LOCATION OF SITE AND TERRITORIAL RESTRICTIONS
Unless otherwise specified, the Site is presented solely for, and any coupons, promotions and programs are offered only to, residents of United States of America, the U.S. Virgin Islands, Puerto Rico and Guam.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject CardioTabs to any registration requirement within such jurisdiction or country. CardioTabs controls and operates the Site from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Site are appropriate for use or access in other locations. Anyone using or accessing the Site from other locations does so on their own initiative and is responsible for compliance with United States' and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Site and/or the provision of any content, program, product, service or other feature described or available thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.
Software related to or made available by this Site may be subject to United States export controls. Thus, no software from this Site may be downloaded, exported or re-exported: (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods from time to time; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders as such list exists from time to time. By downloading any software related to this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
ARBITRATION; GOVERNING LAW; COMMENCEMENT OF ACTIONS
In the event that any disputes arises, the records as collected and maintained by CardioTabs will be the definitive record. You agree that any contest to a decision by CardioTabs hereunder will be submitted to arbitration under the Commercial Arbitration Rules of the American Arbitration Association and you hereby expressly waive trial by jury. The arbitration will be conducted in Johnson County, Kansas, in the English language by three arbitrators appointed in accordance with the Commercial Arbitration Rules. You will bear 50% of the cost of any arbitration and you alone will be responsible for your attorney's fees. Judgment on the award rendered by the arbitrators may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrators will not have authority to award punitive or exemplary damages. These Terms are governed by and construed in accordance with the laws of the State of Kansas, without giving effect to any principles of conflicts of law, and with respect to arbitration, the Federal Arbitration Act (9 U.S.C. §1 et seq.). You agree that any action at law or in equity relating to the arbitration provision of these Terms will be filed only in the state or federal courts located in Johnson County, Kansas and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
The failure of CardioTabs to insist upon or enforce the strict performance of, or to act with respect to a breach of, these Terms by you or others does not constitute a waiver and will not limit CardioTabs' rights with respect to such breach or any subsequent breaches. No waiver by CardioTabs of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of CardioTabs. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. CardioTabs may assign its rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without CardioTabs' prior written consent. If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against CardioTabs by virtue of CardioTabs having drafted them.
ENTIRE AGREEMENT, TERMINATION AND MODIFICATIONS
CardioTabs reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any materials, information or content available on the Site, without limitation, in whole or in part, including the cessation of all activities associated with the Site, with or without notice. You agree that CardioTabs will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any part thereof. CardioTabs also reserves the right to charge for use of the Site, in whole or in part, and to change its fees from time to time in its discretion.
CardioTabs also reserves the right to modify or add to these Terms at any time without prior notice ("Updated Terms"). You agree that we may notify you of the Updated Terms by posting them on the Site so that they are accessible via a link on the home page, and that your use of the Site after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using the Site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Site from that point forward.
You can contact us by clicking "Contact Us" on the Site.
If you need further assistance, please:
call: (800) 811-1007;
6701 West 91st Street
Overland Park, KS 66212