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DCM Foundation Website Terms of Use

Terms of Use:

Welcome to the website of the Dilated Cardiomyopathy Foundation at http://dcmfoundation.org/ (the “Website”).

The following terms and conditions (the “Terms of Use”) and the privacy policy found at https://www.dcmfoundation.org/privacy-policy/ (the “Privacy Policy”), which is incorporated into these Terms of Use, govern your access to and use of the Website.  

For purposes of these Terms of Use, including the Disclaimer below and the Privacy Policy, “you,” “your”, and “user(s)” refer to the person(s) accessing or using this Website; “we”, “our”, and “us”, refer to the DCM Foundation. “Party” refers to either you or us, and “Parties” refers to both you and us.

Please read the Terms of Use carefully.  By accessing or using this Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy.  If you do not agree to these Terms of Use or the Privacy Policy, do not access or use the Website.

Changes to Terms of Use

We may revise and update these Terms of Use from time to time, in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Information on Website

This Website and all features, content, materials, and information displayed, described, or depicted on the Website are, in our sole discretion, subject to updating, change, suspension, or withdrawal, in whole or in part, at any time without notice.  The inclusion of any particular content or materials on the Website at a particular time does not imply or warrant that they will be on the Website at any other time.

Disclaimer as to Medical Information

Content and materials on this Website are considered general medical information and are for informational purposes only. The Website content and materials are not medical advice and are not intended to replace the advice of a physician or other health care professional or be a substitute for medical diagnosis or treatment. If you think you may be suffering from any medical condition, you should seek immediate medical attention.

  • No advice
    This Website contains general medical information on dilated cardiomyopathy written by medical professionals, as well as information posted by other users who are not medical professionals. The information herein is not medical advice and should not be treated as such. 
  • No warranties
    The  information on our Website is provided without any representations or warranties, express or implied. Without limiting the scope of the foregoing statement, we specifically do not warrant or represent that the medical information on this Website:
    1. is true, accurate, complete, current, or not misleading; or
    2. will be available at all times or any time.
  • Medical assistance
    You must not rely on the information on our Website as an alternative to or substitute for medical advice from your doctor or other professional healthcare provider. If you have any specific questions about any medical matter, you should consult your doctor or other professional healthcare provider.

If you think you may be suffering from any medical condition, you should seek immediate medical attention. You should never delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information on our Website.

  • Interactive features
    Our Website includes interactive features that allow users to communicate with team members from the DCM Foundation and registered users of the DCM Foundation Forums. You acknowledge that, because of the limited nature of communication through our Website’s interactive features, any assistance you may receive using any such features is likely to be incomplete and may even be misleading.

Any assistance you may receive using any our Website’s interactive features does not constitute specific advice and accordingly should not be relied upon without further independent confirmation.

Cookies

We use “cookies” on the Website, which are files with small amounts of data that may include an anonymous unique identifier and are sent to your browser and stored on your computer or device. Most contemporary interactive websites use cookies to enable the retrieval of user details for each visit. Cookies are used in some areas of our Website to enable the functionality of that area and facilitate ease of use. Some of the sites to which our Website links may also use cookies.   By using the Website, you consent to the use of cookies in accordance with the https://www.dcmfoundation.org/privacy-policy/.

Copyright

Copyright © 2021, DCM Foundation.  ALL RIGHTS RESERVED.

Except as otherwise indicated, this Website and all content herein, such as text, graphics, logos, button icons, images, audio and video clips, digital downloads, data compilations, and software and all rights therein, is the property of the DCM Foundation or its content suppliers or licensors and is subject to United States and international copyright laws. The compilation of all content on this Website is the exclusive property of the DCM Foundation and protected by U.S. and international copyright laws. In using this Website, you agree not to change or delete any proprietary notices from materials printed or downloaded from the Website.

You may view and print screens/pages from the Website for your own personal use subject to conditions set forth herein.

Except as otherwise expressly provided, you may not:

  • Republish content or materials from the Website.
  • Sell, rent or sub-license content or materials from the Website. 
  • Reproduce, duplicate or copy content or materials from the Website for other than personal use.
  • Redistribute content or materials from the Website, unless such content or materials are expressly made available and authorized for redistribution.

User Comments

Certain parts of this Website (including Discussion Forums, as described below) offer the opportunity for registered users to view, post, and exchange comments, opinions, information, material, and data (collectively, “User Comments”).  Users are responsible for User Comments.  We do not review, screen, edit, publish, or approve User Comments and are not responsible for their appearance on the Website.  User Comments do not reflect the views or opinions of the DCM Foundation, its agents, or affiliates. 

By using the Website, you acknowledge that by providing you and other users the ability to view, post, and distribute User Comments on the Website, the DCM Foundation is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto. However, the DCM Foundation reserves the right, to modify, block, or remove from the Website User Comments and other communications or materials that it determines, in its sole discretion, to be unacceptable.

You acknowledge and agree that DCM Foundation shall not be responsible or liable for User Comments or for any loss, cost, liability, damages, or expenses caused and/or suffered as a result of any posting, appearance, and/or removal of any User Comments on or from this Website.

You represent and warrant that:

  • You are at least 18 years of age;
  • You are entitled to post User Comments on the Website and have all necessary authorizations and consents to do so;
  • Your User Comments do not infringe any intellectual property right, including without limitation any copyright, patent, trade secret trademark, or other proprietary right of any third party;
  • Your User Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material or material which is an invasion of privacy; and 
  • Your User Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant to DCM Foundation a non-exclusive royalty-free license to use, reproduce, and edit, and authorize others to use, reproduce, and edit, your User Comments in any and all forms, formats, or media.

Discussion Forum

The Website Discussion Forum is accessible to all Website users who first register (by providing a name, username, email address, and password). Registered users can submit User Comments, including details of their experience with DCM, to the Discussion Forum, and receive and provide feedback to/from other registered users.

If you choose to register for an account with the DCM Foundation website, you must treat your user name or identification code, password, and any other related information as confidential and not disclose same to any third party.

We have the right to disable any username or identification code or password, and remove your ability to post User Comments to the Discussion Forum at any time, at our sole discretion, including, without limitation, in circumstances where you have failed to comply with any of the provisions of these Terms of Use.

Prohibited Uses 

Harassment in any manner or form on or through the Website, including via messaging, chat, or use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a DCM Foundation employee, agent, or representative, or another user of the Website is prohibited. You may not upload to, distribute, or otherwise publish through the Website any content which is libelous, defamatory, obscene, threatening, infringing of proprietary rights, invasive of privacy or publicity rights, abusive, illegal, harmful to minors, or which may constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law.  Further, you may not use or deploy any robot, spider, or other automatic device, process, or means to access the Website (including for any purposes of monitoring or copying any material on the Website); introduce or expose the Website or other users to any malware (including any virus, worm, logic bomb, or malicious code); transmit or facilitate the transmission of any advertising or promotional material (including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation); or engage in any other conduct that restricts or inhibits any authorized use or enjoyment of the Website or which may harm the DCM Foundation, the Website, or other users of the Website.

Notification of Copyright Infringement Under the Digital Millennium Copyright Act (DMCA)

We respect the intellectual property rights of others and require that users of the Website do the same. We may terminate the use privileges of users who are repeat infringers of intellectual property rights. Accordingly, you may not submit, post, or store any material or content, including in the form of User Comments, on, or disseminate any material or content over, the Website in any manner that constitutes an infringement of third-party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. 

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please send the following information (or any statement of conformance with the DMCA) to us via email at info@dcmfoundation.org

  • Your name, address, telephone number, and email address;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of the allegedly infringing material or content and information reasonably sufficient to permit us to locate the material or content;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright that is allegedly infringed; and
  • A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Hyperlinks to Third Party Sites

The DCM Foundation Website may contain links to other websites or reference information from other websites that are not under our control. We make no recommendations, endorsements, warranties, or representations of any kind regarding these other websites, including the accuracy or appropriateness of content or materials found on them. The practices, policies, conditions, and terms applicable to such linked websites will be different than those reflected in these Terms of Use. 

Hyperlinking to our Content

Parties may link to the home page of this Website, to publications on the Website, or to other Website pages/information, so long as (i) they agree to be bound and abide by these Terms of Use, and (ii) the link: 

  • is not in any way misleading; 
  • makes clear that the user is linking to and is on this Website; and
  • does not falsely imply sponsorship, endorsement or approval of or relationship with the linking party or its products or services. 

Removal of Links 

We reserve the right at any time and in our sole discretion to require you to remove all links or any particular link to our Website, and you agree thereupon to promptly remove any/all such links. By continuing to link to our Website, you agree to continue to be bound and abide by these Terms of Use.

If you find any link from our Website or any linked website objectionable, you may contact us. We will consider requests to remove such links but have no obligation to do so or to respond directly to you.

Disclaimer of Warranty

We do not represent or warrant that the Website or its features or functions will be available, uninterrupted, or error-free, that any defects herein will be corrected, that the information found on the Website is current, accurate, or complete, or that the Website or the server that makes the Website available will be free of viruses or other harmful components.  The DCM Foundation expressly disclaims any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Indemnification

By using the Site, you agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet or mobile device account.

Limitation of Liability

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. BY USING THIS WEBSITE, YOU AGREE THAT NEITHER THE DCM FOUNDATION NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE OR ITS CONTENTS ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. (Some states, including New Jersey, do not permit certain limitations of liability or damages and if you live in one of those states, such limitations do not apply to you.)

Contact Us

For any inquiries regarding these Terms of Use, contact us by phone at 833-326-4673 or via email at info@dcmfoundation.org.  

 

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