Legal Disclaimer
PLEASE READ THESE TERMS OF USE ("TERMS") CAREFULLY. BY ACCESSING, BROWSING, RELYING UPON OR OTHERWISE USING ANY PART OF THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU SHOULD NOT ACCESS, BROWSE, RELY UPON OR OTHERWISE USE ANY PART OF THIS SITE.
GENERAL DISCLAIMER
The contents of the Midwest Heart site are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health care 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 THE MIDWEST HEART SITE.
If you think you may have a medical emergency, call your doctor or 911 immediately. Midwest Heart does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on this site. Reliance on any information provided by Midwest Heart, its employees, or others appearing on this site at the invitation of Midwest Heart is solely at your own risk.
LIMITATION OF LIABILITY
Midwest Heart and its employees and agents expressly disclaim all and any liability to any person in respect of anything and the consequences of anything done or omitted to be done by any person in whole or partial reliance on all or any part of the information accessed at or through this site.
The materials provided at this site (and any links from this site) are provided "AS IS". To the maximum extent permitted under the law, Midwest Heart makes no representations or warranties of any kind, either express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Midwest Heart does not warrant the accuracy and completeness of information accessed at or through this site. Midwest Heart may make changes to the materials at this site at any time without notice. The materials at this site may contain errors, omissions, typographical errors, be out of date, or incomplete and Midwest Heart makes no commitment to update the materials at this site.
To the maximum extent permitted under the law, in no event will Midwest Heart and its employees be liable for any damages whatsoever (including, without limitation, direct, indirect, punitive, special, consequential damages, lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this site, any web sites linked to this site, or the materials or information contained at any or all such sites, whether based on contract, tort, statute, common law, equity or any other legal theory and whether or not advised of the possibility of such damages. If circumstances arise where you are entitled to claim damages from Midwest Heart notwithstanding the provisions of these terms, our liability to you for the aggregate of such claims (regardless of the basis on which you are entitled to claim from us including, without limitation, negligence) is limited to the provision of the services again or our cost of providing the services again (at our election).
COPYRIGHT INFORMATION
Unless otherwise noted, the trademarks, logos, and service marks used on this site are owned by Midwest Heart or by third parties that have licensed their use to Midwest Heart. Elements of this site are protected by trade dress, copyright, trademark, unfair competition, and other state and federal laws. You may download, view and print materials from this site subject to the following: (i) the materials must be used solely for personal, informational, non-commercial purposes; and (ii) the materials must not be modified or altered in any way. Except as expressly provided herein, you must not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any materials from this site, in whole or in part, without the prior written permission of Midwest Heart. If you breach any of these terms, your authorization to use this site automatically terminates and you must immediately destroy any downloaded or printed materials.
ADDITIONAL TERMS
Midwest Heart shall have the right at any time, and from time to time, without prior notice, to modify these Terms or to impose new terms and conditions with respect to access to or use of this site. Such modifications and additions shall be effective immediately upon posting to this site. Midwest Heart also shall have the right to modify or discontinue, either temporarily or permanently, this site, or any right to access or use any portion of this site, in Midwest Heart's sole discretion, at any time and without prior notice.
You agree to hold harmless Midwest Heart from all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms.
These Terms constitute the entire agreement between you and Midwest Heart with respect to the subject matter hereof, and supersede all previous written or oral agreements between you and Midwest Heart with respect to such subject matter.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable from the other provisions hereunder and shall not affect the validity and enforceability of any other provisions of these Terms.
Access to or use of this site shall not be construed as Midwest Heart's purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of Illinois, United States of America. Your agreement to these Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflicts or choice of laws principles. In any dispute arising hereunder or otherwise connected with this site or these Terms, you and Midwest Heart consent exclusively to personal jurisdiction in the applicable federal or state courts located in the State of Illinois and you waive any claim that venue is improper for any reason in these courts.
[USER SUBMISSIONS]
[Any materials (including, without limitation, comments, feedback and information) provided by you in connection with this site shall be considered non-confidential and non-proprietary. If you make any such submission, you automatically grant, or warrant that the owner of such content has expressly granted, Midwest Heart a royalty-free, perpetual, irrevocable, world-wide, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form , format, or forum now known or hereafter developed. Midwest Heart shall have no obligation of any kind with respect to such materials and shall be free to use or disseminate such materials on an unrestricted basis for any purpose. You acknowledge that you are responsible for the materials that you submit, and that you, not Midwest Heart, have full responsibility for the materials including their legality, reliability, appropriateness, originality and copyright.]
[You agree that while using this site, you will not transmit to or post on the site: (i) any message under a false name; (ii) any unlawful, libelous, defamatory, threatening, abusive, harassing or otherwise objectionable information of any kind, including, without limitation, any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise under any applicable law; (iii) any record, document or information that discloses private or personal matters concerning any person, including, but not limited to, messages or information which would violate a persons rights of privacy or publicity; (iv) any record, document, information, file or software that contains a virus, worm, Trojan Horse or any other contaminating or destructive features; or (v) any record, document, information, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets, confidential or other proprietary information, or use of trademarks or service marks in an infringing fashion. Additionally, you agree that while using this site, you will not interfere, in any way, with any other person's use of or access to this site, or take any action that imposes an unreasonable or disproportionately large load on the site infrastructure.]
[LINKS TO THIRD PARTY WEB SITES]
[Links to third party web sites on this site are provided solely as a convenience to you and such links should not be taken to imply any type of association, sponsorship, endorsement, monitoring, approval of, or responsibility for, the linked site or its content. Midwest Heart has not reviewed any of these third party sites and should you decide to access any of the third party sites linked to this site, you do so entirely at your own risk.]
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