Cardiatrics Corporation Terms of Service

Thank you for your interest in Cardiatrics and our website at https://cardiatricshealth.com/ "Site". This Terms of Service (referred herein as "Terms") is a legally binding contract between you and Cardiatrics and/or any professional corporation engaged by Cardiatrics that has association with one or more licensed health care providers regarding your use of the Site. The Site is intended to provide general information regarding Cardiatrics and its offerings.

PLEASE READ THESE TERMS CAREFULLY. BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, AS MODIFIED OR AMENDED BY CARDIATRICS FROM TIME TO TIME. If you are not eligible to use the Site as described herein, or do not agree to these Terms, then you do not have our permission to use the Site.

  1. Site Overview IF YOU DECIDE TO CREATE AN ACCOUNT WITH CARDIATRICS TO USE OUR SERVICE YOU WILL BE PRESENTED WITH AND WILL BE REQUIRED TO AGREE TO ADDITIONAL TERMS THAT APPLY. None of the Site content should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.
  2. Eligibility. You must be at least (18) years of age to use the Site. By accepting these Terms, you represent and warrant to us that: (a) you are at least (18) years of age; (b) you have not previously been suspended or removed from the Site; (c) your use of the Site is in compliance with all applicable laws and regulations; and (d) all information you provide or submit through the Site will be truthful, accurate and complete. If you are using the Site on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
  3. Account. If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Cardiatrics is not responsible for third party access to your account that results from theft or misappropriation of your account.
  4. Electronic Communications. Utilizing Cardiatrics program through the Site or sending emails through the Site constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to your electronically, via email and directly on the Site, satisfy any legal requirement that such communication be in writing.
  5. Privacy Policy. Cardiatrics will keep all information confidential. Please see our Privacy Policy that explains how we may collect, use and disclose any of the information that you provide through this site only. By agreeing and accepting these terms hereto, you understand and agree to our use and disclosure of your information for the purpose of being a part of this program.
  6. Additional Terms. Your use of the Site is subject to all additional terms, policies, rules, or guidelines applicable to the Site or certain features of the Site that we may post on or link to from the Site, such as end-user license agreements, consent and waiver forms, any downloadable software applications, or rules that are applicable to a particular feature or content on the Site. All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
  7. Modification of Terms. We reserve the right, at our sole discretion, to change all or any of these Terms at any time. It is your responsibility to review these Terms for any changes. If a change to these Terms materially modifies your rights or obligations, your continued use of the Site indicates your full acceptance of the modified Terms. All disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
  8. Ownership; Proprietary Rights. The Site is owned and operated by Cardiatrics. The visual interfaces, graphics, design, compilation, data, computer code (including source code or object code), products, software, Sites, and all other elements of the Site (referred collective as “Information”) provided by Cardiatrics are protected by intellectual property and other laws. All Information contained in the Site are the property of Cardiatrics or our third-party licensors. Except as expressly authorized by Cardiatrics in writing, you may not make use of the Information in anyway. Cardiatrics reserves all rights to the Information not granted expressly in these Terms. Likewise, the names, logos, and any and all other information displayed on the Site or in the Services may constitute trademarks, trade names, service marks or logos (referred to collectively as “Marks“) of Cardiatrics or other entities. You are not authorized to use any such Marks without the express written permission of Cardiatrics. Ownership of all such Marks and the goodwill associated therewith solely remains with Cardiatrics or those other entities.
  9. Termination of Use; Discontinuation and Modification of the Site. If you violate any provision of these Terms, your permission from us to use the Site will terminate automatically. In addition, Cardiatrics may in its sole discretion terminate your access to the Site at any time, with or without notice. We also reserve the right to modify the Site at any time (including by limiting or discontinuing certain features of the Site) without any notice to you. We will have no liability whatsoever on account of any change to the Site or any suspension or termination of your access to or use of the Site. You may cease use of the Site at any time.
  10. Prohibited Conduct. You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of your use of the Site, you fully agree not to use the Site for any purpose that is unlawful or prohibited by these Terms. You agree to the following: (1) not to use the Site to compete, directly or indirectly, in anyway with Cardiatrics’ business; (2) not to use the Site for any illegal purpose or in violation of any local, state, national, or international law; (3) not to violate, or encourage others to violate, any right of any individual or third-party; (4) not to post, upload, or distribute (a) any content found on the Site or (b) anything that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate; (5) to interfere with security-related features of the Site, including disabling or circumventing features that prevent or limit use or copying of any content; (6) to interfere with the operation of the Site or any user’s enjoyment of the Site in anyway; (7) to not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any exploit any of the content, in whole or in part, found on the Site; and (8) to attempt to do any of the acts described herein or to assist or allow any other person to attempt or perform any of the acts described herein.
  11. Indemnity. You agree to indemnify, defend and hold harmless Cardiatrics, its officers, directors, employees, agents and third parties, for any losses, damages, costs liabilities and expenses, including reasonable attorneys' fees and costs, relating to or arising out of or in any way connected with y our use or inability to use the Site or services, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Cardiatrics reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Cardiatrics in asserting any available defenses.
  12. Disclaimers; No Warranties; Limitation of Liability.

    CARDIATRICS IS NOT A HEALTH CARE PROVIDER AND CANNOT AND DOES NOT DIAGNOSE OR TREAT YOUR HEALTH CONDITIONS. CARDIATRICS DOES NOT PROVIDE ANY ENDORSEMENT, REPRESENTATION OR WARRANTY THAT ANY PARTICULAR MEDICATION OR TREATMENT USED BY THEIR ASSOCIATES IS OR WILL BE SAFE, EFFECTIVE OR APPROPRIATE FOR YOU. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THTE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CARDIATRICS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. CARDIATRICS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CARDIATRICS AND/OR ITS ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATE OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.

    YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR ACCESS TO, USE OR MISUSE OF, OR INABILITY TO USE THE SITE, YOUR DEALING WITH ANY OTHER SITE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SITE AND ANY ASSOCIATED SITES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SITE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.

    SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED BY LAW.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. TO THE EXTENT THAT WE MAY NOT LIMIT OUR LIABILITIES, THE EXTENT OF SUCH LIABILITIES WILL BE THE MINIMUM PERMITTED BY LAW. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

  13. Governing Law. These Terms are governed by the laws of the State of New York without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, you and Cardiatrics agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within the County of New York for the purpose of litigating any dispute. We operate the Site from our offices in California, and we make no representation that Materials included in the Site are appropriate or available for use in other locations.
  14. General. These Terms and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Cardiatrics regarding your use of the Site. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision that by its nature or express terms should survive, will survive, including Sections 1 through 13.
  15. Contact Information. The Site is offered by Cardiatrics, located at 254 Canal Street, Suite 3005, New York, New York 10013. You may contact us by sending correspondence to that address or by emailing us at contactus@cardiatricshealth.com.