This Heart Failure Center Terms of Use Agreement (the " Agreement") governs your (herein " you" and " your") use of the Heart Failure Center's Survey (" Heart Survey") and the relationship between you and the Heart Failure Center as it relates to the Heart Survey and your use of the Heart Survey.

The Heart Failure Center (" HFC"), who owns and operates the Heart Survey, is not engaged in rendering medical, diagnostic or professional services. HFC is presenting the Heart Survey solely for educational purposes and as a public service and HFC is not engaged in rendering medical, diagnostic or professional services.   You understand and agree that HFC's online services and information, including, but not limited to the Heart Survey, is not medical, diagnostic or professional services or advice and that while the information provided by HFC may be based, in part, on evidence-based reviews of standard practices in health care it does not necessarily represent protocols or practices sanctioned by any regulatory agency, including, but not limited to the U.S. FDA, or any licensed health care professional.

You also understand that the information contained in the Heart Survey is not a diagnosis, treatment plan, or recommendation for a particular course of action regarding diseases and is not intended to provide specific medical advice.  You also understand that the information you will receive in your Heart Survey report is not intended to be, and should not be viewed as, a substitute for consultation with a doctor or other medical professional.  All information provided to your through HFC's online services should be reviewed by your doctor or other health care professional before making any decision or taking any action.  It remains your sole responsibility to evaluate the accuracy, completeness, and usefulness of all information provided in the Heart Survey.

You have accessed the Heart Survey directly from www.theheartfailurecenter.com, which is operated by HFC.

1.         License to Use Heart Survey.  Subject to these Terms and Conditions, HFC grants you a limited, non-exclusive, royalty-free license to use the Heart Survey, to view the materials presented to you in the Heart Survey (the " Materials"), and to download and make copies of these Materials only as necessary for your intended use of the Heart Survey.  You may print copies of your personal Heart Survey reports for the purpose of reviewing the reports and sharing them with your doctor, family, and caregivers.  You are not granted any right to use any of the trademarks, services marks, logos or the trade dress (including, but not limited to, the layout of the Heart Survey) of HFC, all of which are and shall remain the property of HFC, and you are not granted the right to copy or use the Heart Survey for any commercial purpose whatsoever.

2.         License to Downloadable Materials.  If any area of the Heart Survey permits you to download any Materials, your download and use of such Materials will be governed by the license agreement displayed on the area of the site containing those Materials, or, in the absence of any such license agreement, by the terms of the license in Section 1 above. 

3.         Limitations.  Except as expressly stated above, you may not (i) retain or distribute any other copies of any of the Materials without the express written permission of NHFC; (ii) modify or make derivative works of the Materials; or (iii) incorporate the Materials in any other web page or other medium. All right, title, and interest in and to the Materials and all intellectual property rights of HFC therein are and shall remain with HFC and its licensors and no ownership interest of such Materials is transferred to you by virtue of the Materials being available through the Heart Survey.

4.         Use of Data. By using the Heart Survey, you understand and agree that certain data may be collected about you. You understand and agree that HFC may use such data as described in the HFC's Privacy Statement.   In some cases, you (the " Agent"), on behalf of a friend, family member, individual or other person (each a " Principal" and collectively the " Principals") may be entering information for a friend, family member, individual or other person (the " Principal") into the Heart Survey.  If you are serving as an Agent, you represent that you are over 18 years of age and you represent that the Principal has read this Agreement, including, but not limited to, HFC's Privacy Policy and has expressly authorized you to enter their information, including, but not limited to, any of the Principal's personal and medical information into the Heart Survey.  (Link back to Privacy Statement at the beginning of website)

5.         Termination, Suspension, and Expiration.  If HFC removes any Materials from the Heart Survy or the www.theheartfailurecenter.com website, all licenses granted to you with respect to the removed Materials are immediately terminated except as otherwise expressly stated in the downloadable Material agreements referred to in Section 2 above.  Accounts that are inactive (i.e., no user activity for one (1) year) may be suspended by HFC without notice to you.  Following any such suspension, upon your request, HFC may, in its sole and absolute discretion, reinstate your account. 

6.         Amendments. By using the Heart Survey, you agree that this Agreement may be amended or modified, at any time and from time to time, by HFC without notice to you. By continuing to use the Heart Survey and/or the www.thehealthfailurecenter.com website after the date this Agreement or such website has been amended or modified and posted on the Internet, you agree that you are bound by all of the terms of such amended or modified Agreement.

7.         Links to Other Websites. The Heart Survey and/or the www.theheartfailurecenter.com website, may contain links to other websites which are not under the control of HFC and HFC is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. The inclusion of any link does not imply endorsement by HFC of that site. It is your responsibility to take the necessary precautions to ensure that whatever you select for your use from the website is free of viruses, worms, Trojan horses, and other items of a destructive nature.

8.         Medical Disclaimer. YOU UNDERSTAND AND AGREE THAT HFC IS NOT ENGAGED IN THE PRACTICE OF MEDICINE AND THAT ALL DECISIONS MADE USING THE INFORMATION PROVIDED AT THE www.theheartfailurecenter.com website and/or the HEART SURVEY SHALL BE YOUR SOLE AND EXCLUSIVE RESPONSIBILITY.  YOU UNDERSTAND AND AGREE THAT HFC HAS NOT MADE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE INFORMATION PROVIDED ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ITS ACCURACY OR SUITABILITY FOR YOUR PARTICULAR PURPOSE. You understand and agree, at your sole expense, to indemnify, defend and hold HFC harmless from and against any and all losses, liabilities, or damages (including, but not limited to, attorneys' fees and costs) resulting from any and all claims, causes of action, suits, proceedings, or demands against HFC arising from or related to decisions or recommendations you make using the information made available by HFC.

9.      Warranty Disclaimer. THE HEART SURVEY AND ANY AND ALL MATERIALS AND SERVICES PROVIDED BY HFC ARE PROVIDED "AS IS", WITH ALL FAULTS,  AND WITHOUT ANY WARRANTY OF ANY KIND AND HFC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ACCURACY.  [Note: Some states do not permit the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you depending upon your state's laws].

10.        Limitation of Liability. YOU AGREE THAT HFC WILL NOT BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHERWISE, ARISING IN ANY WAY FROM YOUR USE OF THE HEART SURVEY, THE MATERIALS AND HFC's WEBSITE, EVEN IF HFC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  [Note: Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you depending upon your state's laws].

11.        Government End Users. The Heart Profiler is a "commercial item" as that term is defined at 48 C.F.R. 2.101.  Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users may use the Heart Profiler with only those rights set forth in these Terms and Conditions.

12.        Governing Law and Disputes. This Agreement and the relationship between you and HFC shall be governed by the laws of the State of California, without regard for its conflict of law principles.  Any controversy or claim between you and HFC shall be resolved only by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.  Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held and conducted in Danville, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding the foregoing, either you or HFC may seek interim or preliminary relief, but only in the state of federal courts sitting in Danville, California, necessary to protect the rights or property of you or HFC pending the completion of any arbitration. You agree to the exclusive venue and jurisdiction in the state of federal courts of Danville, California and you waive all defenses related to the appointment and selection of such courts by using the Heart Survey.

15.        General.  If any provision of this Agreement is to be unenforceable for any reason, the remaining provisions hereof will be unaffected and remain in full force and effect.  These Terms and Conditions constitute the entire agreement between you and HFC regarding the subject matter contained herein, and replace and supercede all prior agreements, between you and HFC concerning the subject matter discussed in this Agreement.

By checking the "I accept these terms and conditions" box, you understand and agree that you have read, and you agree to, the Terms and Conditions in this Agreement. If you are an Agent, you and the Principal acknowledge that you both have read, and that the Agent and the Principal agree to, the Terms and Conditions in this Agreement. If you do not agree to the Terms and Conditions in this Agreement do not check the "I accept these terms and conditions" box and you will not be allowed access to the Heart Survey.

Copyright © 2005 BioVentrix: A CHF Technologies' Company, 4135 Blackhawk Plaza Circle, Suite 280, Danville, CA  94506 Kent Richards and/or its suppliers. All rights reserved.  Contact Kent Richards with questions or problems.