Date of last update: April 15, 2014
Your use of this web site, located at www.takeittheartnow.org or any web site operated and controlled by Take it To Heart, Inc. (collectively, the “Site”) shall be subject to the following Visitor Agreement (“Agreement”) unless otherwise noted. By accessing information on this Site or participating in any of the forums or public areas on the Site you agree to be legally bound by all of the terms, conditions and notices contained or referenced herein. If you do not agree to the terms of this Visitor Agreement please do not visit the Site.
1. Mission and Disclaimer
The goal of this web site and Take it To Heart, Inc. (“TITH”) is to educate women about heart disease. Thus, the contents of the Site, such as text, graphics, images, and other material is provided for informational purposes only. By using the Site you acknowledge and agree that the information displayed on the Site, including responses from medical professionals, is intended solely for general educational purposes and you will not act on this information without first seeking advice from a medical professional. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site. Neither TITH nor the Site intend to provide you with medical advice and the Site is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Furthermore, TITH is NOT a patient advocacy organization. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
If you think you may have a medical emergency, call your doctor or 911 immediately. TITH does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by the Site, TITH, TITH employees, agents, representatives, others appearing on the Site at the invitation of TITH, or other visitors to the Site is solely at your own risk. The Site and the Content are provided on an “as is” basis.
2. Copyright Ownership
The Site contains copyrighted material, trademarks and other proprietary information, including comments, articles, information, catalogs, brochures, data, text, software, photos, video and graphics (“Content”). This Content is subject to copyrights owned by TITH and other individuals or entities and is protected by United States and international copyright laws. To make a complaint about a copyright violation on the Site, click here. Content and features on the Site are subject to change or termination without notice in the editorial discretion of TITH. All rights not expressly granted herein are reserved to TITH.
3. Use of TITH Content
You may use the Site and the Content offered on the Site only for internal purposes. TITH authorizes you to view or download a single copy of the material on the Site solely for your personal, noncommercial use so long as you do not remove the copyright and other proprietary rights notices which were contained in the Content. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the Content of this Site or any portion of it. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of the Site or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.
Any use of the Content not expressly permitted by this Visitor Agreement is a breach of this Visitor Agreement and may violate U.S. or international copyright, trademark, and/or other laws. If you violate this Visitor Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
4. Trademark Rights
The names, trademarks, service marks, and logos of TITH belong exclusively to TITH and are protected from reproduction, imitation, dilution or confusing or misleading uses under state, national and international trademark and copyright laws. All other trademarks, services marks, and logos (including third-party product names) are the property of their respective owners. The use or misuse of these trademarks is expressly prohibited and nothing stated or implied on this Site confers on you any license or right under any patent or trademark of TITH or any third party.
5. User Submissions, Forums and Public Areas
USE OF TITH’S FORUMS AND PUBLIC AREAS CONSTITUTES ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS DESCRIBED HEREIN.
Certain places within the Site, such as forums, blog pages or other public areas, may allow users to post comments or communications that are publicly accessible and non-confidential. The content and communications posted within these areas is largely controlled by our users. TITH has no control over such content and cannot guarantee the accuracy or reliability of any such content or communications. Thus, the responsibility for what is posted on these pages of the Site lies with each user — you alone are responsible for material you post.
TITH does not claim ownership of any of the information or material that you transmit, distribute, post, communicate, or store on, to, or through the Site. Therefore, by submitting any such material or communication to the Site, you warrant that you own or otherwise control all the rights to any content or communications submitted by you to the Site and that you will not upload or transmit any communications or content of any type that infringes upon or violates any rights of any party. By submitting communications or content to any part the Site, you agree that such submission is non-confidential and is not otherwise protected by any other law, including privacy, publicity, copyright or trademark law.
By submitting communications or content to a public area of the Site, you agree that such submission is non-confidential for all purposes. You agree to allow TITH and all other persons or organizations involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. TITH reserves the right, but shall have no obligation, to investigate the Site or your use of the Site in order to (a) determine whether a violation of this Visitor Agreement has occurred, (b) comply with any applicable law, regulation, legal process or governmental request, or to (c) remove any postings, profiles, and/or to terminate your ability to post to the service at any time without notice, in its sole discretion. TITH also reserves the right to disclose any information necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials in whole or in part.
MEDICAL EMERGENCY: If you think you may have a medical emergency, call 911 or your healthcare provider immediately!
IF YOU FEEL THREATENED: If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
ABUSE: In cases where you believe a person(s) has breached the terms and conditions of the Site, please contact TITH IMMEDIATELY. Do not attempt to contact the person yourself and do not post derogatory comments in any public areas on the Site.
6. License Grant
If you make any submission to or communications on the Site, you automatically grant, or warrant that the owner of such content has expressly granted TITH, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed. TITH may sublicense its rights through multiple tiers of sublicenses.
7. Rules for Posting Questions and Comments in Forums and Public Areas
TITH does not control the content or communications of any of the public areas on the Site. However, TITH reserves the right to monitor public areas to ensure the content and communications in such areas are within the spirit of the purpose of the web site and do not otherwise violate this Visitor Agreement. Specifically, the following actions will constitute a material breach of this Visitor Agreement:
1. Posts that contain your full name(s), or any other confidential identifiable information of yourself or others;
2. Using a public area for any purpose in violation of local, state, federal, or international laws;
3. Posting material that infringes on the rights of others, including copyrights, trademarks, trade secrets, publicity or privacy rights;
4. Posting material that is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by TITH in its sole discretion;
5. Posting advertisements, solicitations or spam links to other websites or individuals, without prior written permission from TITH;
6. Posting chain letters or pyramid schemes;
7. Impersonating another business, person or entity, including TITH and its employees and agents;
8. Registering under more than one name and/or e-mail address;
9. Distributing viruses or other harmful computer code;
- Harvesting or otherwise collecting information about others, including email addresses, without their consent;
- Allowing any other person or entity to use your identification for posting or viewing comments;
- Posting any communications that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the public area or the Site, or which, in the judgment of TITH, exposes TITH or any of its customers, partners or suppliers to any liability or detriment of any type;
- After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
Users who violate these terms shall be liable for any claim, action, damage or harm caused to TITH, the user and any other injured party. Furthermore, TITH may terminate the account of any person who violates this Visitor Agreement and the rules provided above.
8. Enforcement of this Visitor Agreement
In the event that any of the terms of this Visitor Agreement have been breached or any rule stated above violated, TITH reserves the right (but is not obligated) to do any or all of the following:
1. Record the dialogue in public areas on the Site.
2. Investigate an allegation that a communication does not conform to this Visitor Agreement and determine in its sole discretion to remove or request the removal of the communication.
3. Remove communications which it determines, in its sole discretion, to be abusive, illegal, or disruptive, or that otherwise fail to conform to this Visitor Agreement.
4. Terminate a user’s access to any portions or pages of the Site .
5. Monitor, edit, or disclose any communication made on the Site.
6. Edit or delete any communication posted on the Site, regardless of whether such communication violates this Visitor Agreement.
TITH reserves the right to take any other action it deems necessary to protect the personal safety of our guests, visitors, or the public.
9. Disclaimer of Warranties
THE SITE AND THE CONTENT ON THE SITE IS PROVIDED “AS IS.” TITH MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITE OR THE CONTENT OR COMMUNICATIONS ON THE SITE, OR ANY WEB SITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE. TO THE EXTENT PERMITTED BY LAW, TITH DISCLAIMS IMPLIED WARRANTIES THAT THE SITE AND ALL SOFTWARE, CONTENT AND SERVICES, INFORMATION DISTRIBUTED THROUGH THE SITE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TITH OR A REPRESENTATIVE SHALL CREATE A WARRANTY.
When using the Site, information will be transmitted over a medium which is beyond the control and jurisdiction of TITH, its partners, advertisers, and sponsors. Accordingly, TITH assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site. WE DO NOT GUARANTEE THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT IT IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE SERVICES THAT MAY BE OBTAINED FROM THE USE OF THE SITE, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING. FURTHER, TITH DOES NOT ENDORSE AND MAKES NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITE. UNDER NO CIRCUMSTANCES WILL TITH BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SITE.
10. Limitation of Liability
In no event shall TITH, its partners, sponsors, advertisers, agents or licensors, or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental, consequential or other indirect damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Site, the Content or any communications of the Site, whether based on warranty, contract, tort, or any other legal theory, and whether or not TITH is advised of the possibility of such damages. TITH is not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or public area.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH TITH IS TO DISCONTINUE YOUR USE OF THE SITE.
By using the Site you agree to indemnify and hold TITH, its officers, directors, employees, affiliates, agents, attorneys, representatives and members harmless from any and all losses, damages, liabilities, claims, demands, suits, or causes of action (including reasonable attorneys’ fees and costs) arising from your use or misuse of the Site.
12. Notice and Procedures for Making Claims of Copyright Infringement
If you believe any materials accessible on or from this web site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting TITH’s copyright agent (identified below) and providing the following information:
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) e-mail 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.
TITH ‘s agent for copyright issues relating to this web site is as follows: TITH Attention: Claudia Baker, 3550 University Blvd, S. Ste. 302, Jacksonville Fl. 32216 Claudia@takeittoheartnow.or
13. Passwords & Username
Certain parts of the Site may require a password to enter. Users agree that they are responsible for all acts or omissions that occur on their account while their password is being used. It is the registered members’ sole responsibility to (1) control the distribution of their passwords or account information; (2) authorize, monitor, and control access to and use of their TITH account and password; (3) inform TITH of any need to deactivate their password or change their registration as soon as possible. TITH reserves the right to access and disclose any information, including, without limitation, user names of accounts and other information, to comply with applicable laws and lawful government requests.
In addition, you are responsible for the selection of your username. Because the username that is selected by you may be publicly available, on a profile or public area portion of the Site, users should ensure that they select a username that does not contain any personally identifiable information.
14. Links to Third-Party Services
From time to time this Site may offer you links to other web sites on the Internet. These sites are not under the control of TITH, and TITH is not responsible for the accuracy, legality, or any other aspect of these third party web sites. The inclusion of such links on the Site is not an endorsement by TITH in favor of the web site, or the products or services offered on such site.
16. International Visitors
TITH is based in Jacksonville Florida in the United States of America. TITH makes no claims that the Content is 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.
The following provisions survive the expiration or termination of this Visitor Agreement for any reason whatsoever: Sections 2,3,4,6,9,10,11,17, and 18.
18. Jurisdiction & Choice of Law
You expressly agree that exclusive jurisdiction for any dispute with TITH, or in any way relating to your use of the Site, resides in the courts of Duval County, Jacksonville, Florida and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Duval County, Jacksonville, Florida in connection with any such dispute including any claim involving TITH or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
This Visitor Agreement is governed by the laws of the State of Florida without respect to its conflict of laws principles. If any provision of this Visitor Agreement 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 this Visitor Agreement, which shall remain in full force and effect. No waiver of any of the terms and conditions contained herein shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Take It To Heart, Inc. , 3550 University Blvd. S., Ste 302, Jacksonville, Fl 32216. Claudia@takeittoheartnow.org
19, Changes to this Visitor Agreement
TITH reserves the right to modify this Visitor Agreement as necessary. We will indicate the most current date of any change and encourage you to consult this Visitor Agreement from time to time. Continued use of the Site indicates you accept such changes. TITH reserves the right to discontinue or add web site functionality to support our mission of raising awareness of heart disease in women.