Please read these LEGAL CONDITIONS carefully before using this site.
Your use of the MyLVAD.com website ("MyLVAD.com" or the "Site") signifies your agreement to these Legal Conditions. MyLVAD.com may revise and update these Legal Conditions at any time.
MyLVAD.com Does Not Provide Medical Advice
The contents of MyLVAD.com, such as text, graphics, images, and other material contained on the Site ("Content"), 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 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 MyLVAD.com!
If you think you may have a medical emergency, call your doctor or 911 immediately! MyLVAD.com does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by MyLVAD.com, its employees, agents or representatives, others appearing on the Site, or other visitors to the Site is solely at your own risk.
The Site may contain health or medical-related materials that are graphic. If you find these materials offensive, you may not want to use the Site.
Use of Content
MyLVAD.com authorizes you to view or download a single copy of the material on the Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright ©2011, MyLVAD.com LLC. All rights reserved." and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain Content and other items accessible on the Site may be included elsewhere within the Site and must also be respected.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with MyLVAD.com. Any use of the Content not expressly permitted by these Legal Conditions may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of MyLVAD.com. All rights not expressly granted herein are reserved to MyLVAD.com.
Liability of MyLVAD.com
When using MyLVAD.com, information will be transmitted over a medium that may be beyond the control and jurisdiction of MyLVAD.com and its suppliers, vendors and licensors. Accordingly, MyLVAD.com assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.
The use of MyLVAD.com and the Content is at your own risk. MyLVAD.com and the Content are provided on an "as is" basis.
MyLVAD.com, ITS SUPPLIERS, VENDORS AND LICENSORS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, MyLVAD.com, its suppliers, vendors and licensors make no representations or warranties about the following:
- The accuracy, reliability, completeness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of MyLVAD.com.
- The satisfaction of any government regulations requiring disclosure of information on prescription drug or medical device products or the approval or compliance of any software tools with regard to the Content contained on the Site.
In no event shall MyLVAD.com, its suppliers, vendors or licensors, or any third parties mentioned on the Site, be liable for any damages (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not advised of the possibility of such damages. In addition, MyLVAD.com, its suppliers, vendors or licensors, or any third parties mentioned Site, are not liable for any personal injury, including death, caused by your use
Please be aware that any information you post on a public area of MyLVAD.com will become publicly available. Do not post any personally identifiable information (like name, phone number, email address or web site URL) or other information you desire to maintain in confidence on a public area of the Site. The Site does provide you an opportunity to provide personally identifiable information to us on a confidential basis. MyLVAD.com intends to keep this information private and use it for research purposes only. MyLVAD.com will not sell or transfer this information to any third party not involved in the research and bound to an obligation of confidentiality. From time to time, the Site may publish research results on an aggregated depersonalized basis.
You agree that you will not upload or transmit any communications or content of any type to the Site that infringe or violate any rights of any party. By submitting any content, communications, business information, ideas, concepts or inventions to a public area of the Site, you agree that the submission is non-confidential for all purposes. If you wish to keep any personal information private, submit it only on the expressly designated confidential locations of the Site and do not post it on a public area of MyLVAD.com.
In addition, you automatically grant - or warrant that the owner of such content or intellectual property has expressly granted - MyLVAD.com a royalty-free, perpetual, irrevocable, world-wide sub-licensable, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content posted on a public area of the Site in any media or medium, or any form, format, or forum now known or hereafter developed.
User Submissions — Image, Video, Audio Files
To protect your privacy, you agree that you will not submit to MyLVAD.com any media that contains personally identifiable information (like name, phone number, email address or web site URL.) of you or of anyone else.
You agree to only post or upload Media (like photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Uploading media like images or video of other people without their permission is strictly prohibited.
By uploading any media on the Site, you warrant that you have permission from all persons appearing in your media for you to make this submission and grant the rights described in this section. Never post a picture or video of or with someone else unless you have their explicit permission.
It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any similar material whether or not the material could give rise to any civil or criminal liability under applicable law or regulations.
You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web site.
By uploading any media like a photo or video, (a) you grant to a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes MyLVAD.com to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify MyLVAD.com and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these Legal Conditions.
MyLVAD.com reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at its sole discretion
MyLVAD.com Community and Public Areas
If you use a public area, such as message boards, blogs, or other interactive communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the public areas. MyLVAD.com is not responsible for the consequences of any communications in the public areas on the Site. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
In consideration of being allowed to use the Site, you agree not to:
- Use a Public Area for any purpose in violation of local, state, national, or international laws;
- Post material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
- Post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by MyLVAD.com in its sole discretion;
- Post advertisements or solicitations of business;
- Disrupt the normal flow of dialogue, or post comments that are not reasonably related to the topic being discussed;
- Post chain letters or pyramid schemes;
- Impersonate another person;
- Distribute viruses or other harmful computer code;
- Harvest or otherwise collect information about others;
- Allow any other person or entity to use your identification for posting or viewing comments
- Post the same note more than once or "spamming"; or
- Engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of MyLVAD.com, exposes MyLVAD.com or any of its customers or suppliers, vendors or licensors to any liability or detriment of any type.
MyLVAD.com reserves the right (but not the obligation) to:
- Record and store the dialogue in public areas on the Site;
- Investigate an allegation that a communication does not conform to the terms of these Legal Conditions and determine in its sole discretion to remove or request the removal of the communication;
- Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with the standards and expectations of MyLVAD.com, in its sole discretion;
- Terminate a user's access to the Site; or
- Monitor, edit, or disclose any communication in public areas of the Site.
Searches and Links to Other Sites
MyLVAD.com may provide links to third-party web sites. MyLVAD.com also may select certain sites as priority responses to search terms you enter. MyLVAD.com does not recommend and does not endorse the content on any third-party websites. MyLVAD.com is not responsible for the content of linked third-party site, sites framed within the Site, or search results, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for those sites. MyLVAD.com does not endorse any product, service, or treatment mentioned on the Site.
Governing Law and Jurisdiction
MyLVAD.com is based in Delaware., United States of America. MyLVAD.com makes no claims that MyLVAD.com, the Site or the Content are appropriate or may be downloaded outside of the United States. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
You expressly agree that exclusive jurisdiction for any dispute with MyLVAD.com, or in any way relating to your use of the Site, resides in the courts of the Delaware. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Delaware in connection with any dispute including involving MyLVAD.com or its affiliates, directors, officers, employees, suppliers, vendors, licensors, and content providers.
These Legal Conditions are governed by the internal substantive laws of the Delaware, without respect to its conflict of laws principles. If any provision of these Legal Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Legal Conditions, which shall remain in full force and effect. No waiver of any of these Legal Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Notice and Takedown Procedures
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting MyLVAD.com and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your contact information.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Except as expressly provided in a particular "legal notice" on the Site, these Legal Conditions constitute the entire agreement between you and MyLVAD.com with respect to the use of the Site and the Content.
Thank you for your cooperation. We hope you find MyLVAD.com helpful and convenient to use! Questions or comments regarding the Site, including any reports of non-functioning links, should be submitted using Contact Us or via U.S. mail to: MyLVAD.com, Washington Hospital Center, Department of Cardiac Surgery, 110 Irving Street, N.W., Washington. D.C. 20010