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Terms & Conditions for Enduring Hearts, Heart to Heart Community Forum

Updated September 1, 2019

INFORMATION PROVIDED ON THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE USED OR RELIED UPON AS A SUBSTITUTE FOR THE MEDICAL ADVICE PROVIDED BY A PERSON’S OWN PHYSICIAN OR OTHER MEDICAL PROFESSIONAL. ENDURING HEARTS PRESENTS ALL DATA AS IS, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND IS NOT LIABLE FOR ITS ACCURACY, FOR MISTAKES OR OMISSIONS OF ANY KIND, NOR FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED ON THE SITE. IF YOU OR YOUR CHILD IS HAVING A MEDICAL EMERGENCY, CALL 911 OR GO TO YOUR NEAREST EMERGENCY ROOM.

The Heart to Heart Community Forum website or mobile application (this “Site”) is owned and provided by Enduring Hearts, Inc. a Georgia non-profit corporation (“EH”, “We”, “Us”, or “Our”). This Agreement is between EH and you (“You” or “Your”).

Login Required

The purpose of this Site is to provide a means of support and information sharing for parents and caregivers of children who have had or are facing heart transplant or a congenital heart defect or disease. In order to use the Heart to Heart Forum, users are required to provide a username, password, and e-mail address (each a “User” and collectively, “Users”), and may be asked to provide personally identifiable information such as your name, e-mail address, address, zip code, phone number and/or date of birth. You agree to provide true, accurate, current, and complete information for any registration or forms required by the Site. You must be at least eighteen (18) years of age and located in the United States to accept these terms and conditions of use. EH may suspend or terminate your account and refuse use of the Site if, in our sole discretion, we suspect that registration information provided is untrue, inaccurate, or incomplete. Users must agree to these terms and conditions of use and our privacy policy.

By registering, You agree that you will not (i) select or use a username or e-mail address of another person with the intent to impersonate that person; (ii) use a username or e-mail address subject to the rights of any person without authorization; (iii) use a username in violation of the intellectual property rights of any person; or (iv) use a username that we, in our sole discretion, deem inappropriate or offensive. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You will notify us immediately of any unauthorized use of your password or account or any other breach of security. We assume no liability for any loss or damage arising from any unauthorized use of your password or account by a third party.

Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

Neither Enduring Hearts nor any of its employees, officers, directors, members, agents, moderators or other users of this forum are responsible for the privacy practices of any user.

Information disclosed on this Site may become public information and users agree to exercise caution when deciding to share personal, private, or confidential information. However, you agree that much of the information shared by other Users may be personal and sensitive in nature and you agree that posts, text, files, images, graphics, data, links, comments, health information, illustrations, audio, video, and photographs provided by other Users are not to be shared beyond the Site without the express permission of that User. Any user who finds objectionable material posted by another user should contact Enduring Hearts via email.

Content

This Site and all the content including, but not limited to, all materials, posts, text, files, images, graphics, data, links, comments, health information, illustrations, audio, video, and photographs on or offered through the Site (collectively, “Content”) contained on it are our property and/or the property of our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. We provide the Site for personal noncommercial use only. You may only use this Site and the Content on it as authorized by us. You may not use this Site or the Content on it in any manner that violates the privacy rights, publicity rights, copyrights, trademark rights, patent rights, contract rights, or any other rights belonging to us, third party affiliates, or other Users. We reserve the right, at any time and without notice, to suspend, cancel, or terminate your right to use the Site (or any portion of the Site) for violation (whether repeated or not) of copyrights or any other rights belonging to us, a third party affiliate, or other User. Unless authorized in these Terms of Service or by the owner of the Content, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by e-mail or other electronic means) any Content from the Site.

The Site and the entire Contents of the Site, on or offered through the Site, are protected by intellectual property rights, including, as applicable and without limitation, copyrights, trademarks, patents, and other proprietary and intellectual property rights (“Intellectual Property Rights”).

By posting or submitting any Content to the Site, you represent and warrant: (i) that you are the owner of the Content, or that the owner of the Content has consented to your use; and (ii) that you are 18 years old or older. You will be solely responsible for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting, or submission.

When you submit or post Content, you grant to us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display it (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology. This grant shall include the right to exploit any proprietary rights in any such material. You also grant us, and anyone authorized

by us, the right to identify you as the author of any of your postings or submissions by name, e-mail address, or Member name, as we deem appropriate.

Services and Features

This Site includes interactive features, including, but not limited to, message boards, web logs, e-mail services, and areas that allow uploading of user-generated Content (the “Interactive Features”). You are responsible for any material that you post on message boards or provide through any other Interactive Features on the Site. We do not control the Content, messages, information, or files that you or any other User may provide or post through the Site, and is not a party to any discussions or interactions between or among Users that may be facilitated by the Site. EH’s responsibilities are limited to providing access to the Site and providing the Interactive Features. This Site, including its Interactive Features, shall be used for lawful purposes only; you shall not:

· Engage in any conduct that, in our sole judgment, restricts or inhibits any other user from using or enjoying the Site.

· Post or transmit any material that violates our rights or the rights of others, including, without limitation, privacy rights, publicity rights, copyrights, trademark rights, patent rights, contract rights, or any other right.

· Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

· Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies, or regulations of the networks we use to provide the Site.

· Use the Site in an unlawful, libelous, defamatory, indecent, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, abusive, vulgar, obscene, pornographic, sexually explicit manner, including without limitation, to promote racism, bigotry, hatred, or physical harm of any kind against any group or individual.

· Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining, or other illicit means.

· Obtain or attempt to obtain any materials or information not intentionally made available through this Site.

· Use the Site in a manner that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

· Use the Site to post or transmit any information, software, or other material that contains a virus, worm, Trojan horse, or other forms of harmful computer code or components.

· Use the Site to post, transmit, or in any way exploit any information, software, or other material for commercial purposes, or that contains advertising.

· Engage in advertising or commercial solicitation of any product or service, or to solicit donations of any kind on the Site, without our written consent.

· Gather for marketing purposes any e-mail addresses or other personal information that has been posted by other Users of the Site.

EH has the right, but no obligation, to monitor the Content of the message boards or other Interactive Features for compliance with this Agreement and any other operating rules we establish. Enduring Hearts reserves the right to refuse to post, remove, or modify for any reason any Content submitted by any User to this forum whether, in Our discretion, we feel such submission constitutes a violation of (a) Our policies (stated, implied or otherwise) or (b) this Agreement, or (c) for any other reason We deem appropriate. Notwithstanding this right, Users shall remain solely responsible for the content of their messages.

Content and other resources or materials posted on the Site, as well as comments, ideas, suggestions, or opinions made by other Users or provided to EH or posted on the Site are not intended to represent the viewpoint, opinion, or endorsement of EH. EH does not endorse any commercial product, service, individual, or company that may appear or be mentioned on the Site. EH is not responsible for the accuracy or reliability of any opinion, advice, statement, or Content posted on message boards or other Interactive Features of the Site, whether provided by Us, our employees or agents, or other third parties or Users. You agree not to market, solicit, or encourage others to purchase products, services, programs, supplements, or treatments for Your personal financial gain or for commercial benefit.

You agree EH will not be liable for any loss or damage of any kind caused by reliance on any Content or other Interactive Features of the Site. EH is not responsible for any offensive, defamatory, or obscene posting made on the Interactive Features of the Site, and such Content should be reported to EH immediately for review. We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation, or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are inappropriate, objectionable or in violation of these Terms of Service. We also reserve the right to deny access to the Site or any features of the Site to anyone who violates these Terms and Conditions, or who, in our sole judgment, interferes with the ability of others to enjoy our Site or infringes the rights of others.

Ownership and Trademarks.

You agree that access to the Site and all Content contained herein is for informational purposes only and all Content, logos, service marks, page design, images, written information, audio, video, animations, software functions and features provided through it belong to EH. Except as stated in this Agreement, You are not granted a license or right, whether by implication, estoppel, or otherwise, in or to the Site or Content, or to any Intellectual Property Rights in or related to them. Unless otherwise labeled, all trademarks, service marks, logos, photos, images, avatars, banners, page headers, and any other branding elements displayed, together with any revisions, updates,

or registered alternative marks, (collectively, the “Marks”) are the property of EH. Except as expressly set forth in this Agreement or with express, prior written consent of EH, You may not display, link to, or otherwise use the Marks. You may not modify, reproduce, perform, display, create derivative works from, republish, post, transmit, participate in the transfer or sale of, distribute, or in any way exploit any portion of the Site, Content, or Marks.

Links to Other Materials.

Links to Third Party websites may be included on the Site. Any information, products, software, or services provided on or through third-party sites are controlled by the operators of such sites and not by EH. We do not make any representations or warranties, either express or implied, about the accuracy, timeliness, or reliability of this Site or of Third Party Sites, and you agree EH is not liable for any loss or damage caused by reliance on information or Content obtained through this Site or links to Third Party websites. You agree that neither We nor our affiliates are responsible for any damages that you incur by accessing third party websites through the Site, and you will not assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.

Email Feature.

 

This Site may provide certain social media features and Interactive Features that enable Users to send electronic messages to other Users through the Site. Unless You advise Us otherwise, You will receive emails and updates from time to time from EH. YOU CONSENT TO EH AND OTHER USERS SENDING YOU EMAILS AND MESSAGES.

 

Miscellaneous.

 

We do not warrant that the Site or any of its functions or Interactive Features will be error free or uninterrupted, that any defects will be corrected, or that the Site or servers that make the Site available are free of Viruses or other harmful components. We expressly disclaim liability for any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, theft, destruction, or unauthorized access to, alteration of, or use of record under any cause of action. You agree we are not liable for the defamatory, offensive, or illegal conduct of other third parties or Users, and that you access the Site and any links to Third Party sites at your own risk.

 

This Agreement contains the entire agreement relating to the Services. No waiver or failure to enforce Our rights under this Agreement is a waiver or bar to enforcing any other of Our rights.

This Agreement is governed by the laws of the State of Georgia without regard to conflict of laws provisions. Venue for any action will be in Cobb County, Georgia. You or we may bring suit in court to enjoin infringement or other misuse of EH intellectual property rights. You acknowledge and agree that our rights in the Site, the Content and all EH Marks are of a unique value, the loss of which cannot be readily estimated or adequately compensated for in monetary damages. You hereby irrevocably waive the right to a trial by jury. In any such dispute, the prevailing party will

be entitled to recover its reasonable attorneys’ fees and expenses from the other party. Regardless of any statute or law to the contrary but to the extent this limitation is permitted by law, any claim or cause of action arising out of or related to Your use of the Site must be filed by You within one (1) year after such claim or cause of action arose or be forever barred. Your obligations under this paragraph survive termination of this Agreement.

 

EH may use “cookies” and other technologies to track user activity within the Site. These technologies help Us improve your experience and our products and services. EH’s use of this tracking information will conform to Our Privacy Policy.

 

Nonassignment.

 

You may not assign or transfer any of Your rights under this Agreement, and any attempt to do so is null and void.

 

Integration

 

This Agreement sets forth the entire understanding of the parties and supersedes any and all prior oral and written agreements or understandings between the parties regarding the subject matter of this Agreement. This Agreement may not be modified except upon written changes made by EH. The waiver by either party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.

 

Severability.

 

If for any reason any provision of this Agreement is held invalid or unenforceable in whole or in part in any jurisdiction, such provision will, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability, without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. Should any part of this Agreement be declared unlawful, void, or unenforceable, the remaining parts will remain in effect and be enforceable.

 

Modifications.

 

EH reserves the right, at any time and without notice, to add to, change, update, or modify the Site and the terms of use, in which case the revised terms and conditions of use will appear on the Site. Continued use of the Site after any such changes are posted to the Site will constitute your acceptance of the Terms and Conditions of Use, as modified.

 

Limitation of Liability

The Site, Interactive Features, and associated Content are provided on an “As Is” and “As Available” basis. To the full extent permissible by applicable law, EH and its affiliates disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability

and fitness for a particular purpose or non-infringement of intellectual property. Enduring Hearts—and its affiliates and any person or entity involved in creating, producing, hosting, or distributing the Site or Interactive Features on our behalf—is not under any circumstances, including but not limited to negligence or breach of warranty, liable for any direct, indirect, incidental, special, or consequential damages that result from use of, or the inability to use, the Site or Interactive Features, including its Content, Products, Services, or Third Party content, products, or services made available through or referenced on the Site. (In each State or jurisdiction, Our liability is limited to the greatest extent that it can be limited under such State law.)

Any User that is dissatisfied with the Site, any Content, products, or services on the Site, or with any of the Site’s Terms and Conditions, or claims to have been incurred damages by use of the same, has as Your sole and exclusive remedy to discontinue using the Site.

Contact Enduring Hearts

 

Phone: 240-343-2781

 

3600 Dallas Highway

Suite 230-350

Marietta, GA 30064

 

Email: info@enduringhearts.org

 

Your E-Signature.

Use of the Site and Services are subject to Your compliance with the terms set forth in this Agreement and all incorporated documents to the Agreement. By clicking “I AGREE” (Your “E-Signature”) or otherwise using the Site, You are entering this agreement electronically and Your E-Signature constitutes Your legal signature, acceptance, and agreement as if this Agreement were actually signed by you in writing. If you choose to accept this Agreement by clicking “I Agree” or otherwise using the Site, you accept this Agreement as presented here, without changes, modifications, additions, or deletions by You. You agree that you have read fully and carefully this Agreement. You agree that no certification, authority, or other third-party verification is necessary to validate Your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of Your E-Signature or any resulting contract between You and EH. You accept and agree to these terms and conditions on behalf of yourself or the entity you represent, and you represent and warrant that you have the right, authority, and capacity to accept and agree to these terms on behalf of yourself or the entity you represent.