Agreement between User and Heart Wellness
The Heart Wellness Website is comprised of various Webpages operated by Heart Wellness.
The Heart Wellness Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Heart Wellness Website constitutes your agreement to all such terms, conditions, and notices.
Heart Wellness reserves the right to change the terms, conditions, and notices under which the Heart Wellness Website is offered, including but not limited to the charges associated with the use of the Heart Wellness Website.
Links to third party sites
The Heart Wellness Website may contain links to other Websites (“Linked Sites”). The Linked Sites are not under the control of Heart Wellness and Heart Wellness is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Heart Wellness is not responsible for webcasting or any other form of transmission received from any Linked Site. Heart Wellness is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Heart Wellness of the site or any association with its operators.
No unlawful or prohibited use
As a condition of your use of the Heart Wellness Website, you warrant to Heart Wellness that you will not use the Heart Wellness Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Heart Wellness Website in any manner which could damage, disable, overburden, or impair the Heart Wellness Website or interfere with any other party’s use and enjoyment of the Heart Wellness Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Heart Wellness Websites.
Use of communication services
The Heart Wellness Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Heart Wellness has no obligation to monitor the Communication Services. However, Heart Wellness reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Heart Wellness reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Heart Wellness reserves the right at all times to disclose any information as 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, in Heart Wellness’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Heart Wellness does not control or endorse the content, messages or information found in any Communication Service and, therefore, Heart Wellness specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Heart Wellness spokespersons, and their views do not necessarily reflect those of Heart Wellness.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Materials provided to Heart Wellness or posted any Heart Wellness website
Heart Wellness does not claim ownership of the materials you provide to Heart Wellness (including feedback and suggestions) or post, upload, input or submit to any Heart Wellness Website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Heart Wellness, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Heart Wellness is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Heart Wellness’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Heart Wellness Website MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Heart Wellness AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Heart Wellness Website AT ANY TIME. ADVICE RECEIVED VIA THE Heart Wellness Website SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Heart Wellness AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Heart Wellness Website 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. Heart Wellness AND/OR ITS SUPPLIERS 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.
Termination / access restriction
Heart Wellness reserves the right, in its sole discretion, to terminate your access to the Heart Wellness Website and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of Australia. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Heart Wellness as a result of this agreement or use of the Heart Wellness Website. Heart Wellness’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Heart Wellness’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Heart Wellness Website or information provided to or gathered by Heart Wellness with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Heart Wellness with respect to the Heart Wellness Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Heart Wellness with respect to the Heart Wellness Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
Copyright and trademark notices
All contents of the Heart Wellness Website are Copyright 2019 by Heart Wellness and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organisations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
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