You acknowledge that you are enrolling in Professional Membership Social Networking Site, a program created by the American Heart Association, Inc. ("AHA Program").
The Site includes a wide variety of resources including articles, blogs, body of knowledge, message boards, groups, videos, photo galleries and other materials that AHA puts on the Site (the "AHA Content") as well as ideas, suggestions, opinions, comments, and observations made by Visitors and Members, and any text, data, photographs, video, music, sound, chat, messages, files or other material provided to us or posted on the Site by Visitors and Members (all of which are referred to as "User Content"). When we use the term "Content", we mean both AHA Content and User Content collectively.
Community Guidelines and User Content
You are solely responsible for the User Content you post on or through the Site and the consequences of posting such User Content. By posting such User Content, you represent and warrant to us that you have the necessary licenses, rights, consents and permissions to enable inclusion of the User Content in the manner contemplated by this Site and these TOU. You agree that you will not post User Content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post such User Content.
We may remove any User Content and/or disclose such User Content and the circumstances surrounding its transmission to any third party in order to: (a) operate the Site properly; (b) to protect ourselves, our sponsors, and our Members and Visitors; and (c) comply with legal obligations or governmental requests. You agree that any User Content posted to the Site is the sole responsibility of the individual who originally posted the User Content, and that your sole recourse for any damage you may suffer as a result of such User Content shall be to such individual.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by AHA infringe your copyright, you, or your agent, may send AHA notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon AHA actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send AHA a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.copyright.gov/for details. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Limitation of liability
Whether you are a Visitor or a Member, you are using this site voluntarily for your own personal reasons and agree to be bound by these TOU.
You agree to not sue, and to release, indemnify and hold harmless, the AHA, its affiliates, officers, directors, volunteers and employees from any and all liability, claims, demands, and causes of action whatsoever, arising out of your participation in the AHA programs, whether arising from the negligence of any of the above parties or from any other cause. The foregoing release, indemnification, and hold harmless shall be as broad and inclusive as is permitted by the state in which you live.
You consent to the aggregation of your non-identifying information with like information from other people, and you consent to the release of such aggregated information to other parties. You authorize Social Networking and the AHA to mail you information about the AHA Programs or about other AHA offerings.
You acknowledge and agree that the AHA may discontinue certain AHA programs without notice to youand that you shall have no continuing rights in the AHA programs upon such termination.
You assert that you are the person about whom the information you are providing relates.
If any portion of this agreement is held invalid, the balance shall continue in full force and effect.