Terms of Use – Target:BP

Terms and Conditions of Use of the Target: BP Website

By accessing or using this website, specifically targetbp.org (referred to as the “Target: BP Website”), you agree to comply with and be bound by these Terms and Conditions of Use (“Terms of Use”). Please read these Terms of Use carefully as well as the AHA’s Privacy Policy and AMA’s Privacy Policy which are incorporated herein by reference. If you do not agree to these Terms of Use and the Privacy Policies, you must immediately terminate your use of the Target: BP Website.

You may print or save a copy of these Terms of Use for your records.

License Grant. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Target: BP Website conditioned on your continued acceptance of, and compliance with, these Terms of Use. You may use the Target: BP Website for your noncommercial personal use and for no other purpose. The AHA and AMA reserve the right to bar, restrict or suspend any user’s access to the Target: BP Website, and/or to terminate this license at any time for any reason. The AHA and AMA reserve any rights not explicitly granted in these Terms of Use.
License Restrictions. Unless otherwise expressly stated in these Terms of Use or you receive the AMA’s and AHA’s prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the Target: BP Website or any portion thereof. Further, you may not (i) use the Target: BP Website for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the Target: BP Website; (ii) interfere with the proper working of the Target: BP Website including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, or other limiting routine, instruction or design; or (iii) interfere with any other person’s use and enjoyment of the Target: BP Website.
Your Acceptance; Revisions to Terms of Use. The Target: BP Website is available only to individuals who can enter into legally binding contracts under applicable law. These Terms of Use constitute a legally binding agreement between you, the AHA and the AMA regarding your use and access to the Target: BP Website. By using the Target: BP Website, you agree to the Terms of Use.
The AHA and AMA reserve the right to revise these Terms of Use at any time in their sole discretion by posting revised Terms of Use to the Target: BP Website. Your use of the Target: BP Website signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use. You will be responsible for regularly reviewing the Terms of Use posted to the Target: BP Website. No revision to these Terms of Use, including to the Arbitration provision set forth in Section 21, shall apply to a controversy or claim of which the AHA or AMA had actual notice on or before the date of any such revision.
AMA Policies; Additional Terms and Conditions. The AHA’s Privacy Policy, the AMA’s Privacy Policy, as well as other additional terms and conditions applicable to certain portions of the Target: BP Website (collectively “Additional Terms and Conditions”) are incorporated herein by reference. To the extent that there is a conflict between these Terms of Use and any Additional Terms and Conditions for the activity in which you choose to participate, the Additional Terms and Conditions shall govern.
Click-Through Agreements. Before using certain areas of the Target: BP Website you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “I Accept” “I Agree” “Okay” “I Consent” or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms of Use and any Click-Through Agreement for the activity in which you choose to participate, the Click Through Agreement will govern.
Personal Login Information. Certain features and areas of the Target: BP Website are available only with registration and/or login. If you are required to register and select a unique login and password (“Personal Login Information”), you must keep your Personal Login Information confidential. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. Neither the AHA nor the AMA is liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact AHA or AMA immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.
Privacy Policy. For information about the AHA’s or AMA’s data protection practices and the AHA’s and AMA’s use and protection of your personal information, please read the AHA’s Privacy Policy and the AMA’s Privacy Policy which are both included by hyperlink on the Target: BP Website and incorporated into and made a part of these Terms of Use.
User Obligations. You warrant that you will abide by all applicable local, state, national and international laws and regulations with respect to your use of the Target: BP Website and not interfere with the use and enjoyment of the Target: BP Website by other users or with the AHA’s operation and management of the Target: BP Website. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the Target: BP Website, including, without limitation, information required to be provided through a registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, the AHA and AMA reserve the right to terminate your access and use of the Target: BP Website. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Target: BP Website, or defame or otherwise harm any party, including the AMA, through your use of the Target: BP Website.
User-Generated Content. Neither the AHA nor the AMA claims ownership of content that you post on or through the Target: BP Website, such as comments or posts that you submit on forums, blogs, or other websites (“User-Generated Content”). When submitting User-Generated Content, you will abide by AMA’s Code of Conduct which is incorporated herein by reference. You also acknowledge that you alone are fully responsible for the User-Generated Content you submit and that you own or have the rights to use the User-Generated Content. You agree that by submitting the User-Generated Content, you hereby grant to the AHA and the AMA a perpetual, non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use, download, duplicate, display, distribute, modify and creative derivative works of the User-Generated Content, subject to the AHA’s Privacy Policy and the AMA’s Privacy Policy.
Responsibility for Use of the Internet and the Target: BP Website. Use of the Internet and the Target: BP Website is solely at your risk and is subject to all applicable local, state, national and international laws and regulations. Neither the AHA nor the AMA guarantees all communication or other material transmitted to or from the Target: BP Website over the Internet or other communication network will be free from compromise by a third party. Neither the AHA nor the AMA shall be obligated to correct or update the Target: BP Website or the User-Generated Content and neither the AHA nor the AMA shall be liable for omissions, typographical errors, or out-of-date information which may appear on the Target: BP Website.
Medical Disclaimer. The content on the Target: BP Website is provided for informational purposes only and is not intended as medical advice, or as a substitute for the medical advice of a physician.
Third Party Information. The Target: BP Website may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers, User-Generated Content or other information made available by third parties such as content providers and other users of the Target: BP Website are those of the respective third party and not of the AHA, the AMA or either of their respective affiliates. The AHA and the AMA do not make any representation with respect to, nor do they guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products.
Links to Third Party websites. The Target: BP Website may provide links to other sites on the Internet for your convenience and subject to AHA’s Linking Policy. These other sites are maintained by third parties over which the AHA and the AMA exercise no control. The appearance of any such third party links (provided by the AHA, the AMA or by a third party) is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to the Target: BP Website, you do so entirely at your own risk.
Warranties Disclaimed. THE TARGET: BP WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER THE AHA, THE AMA NOR EACH OF THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY “WEBSITE PARTIES”) PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE TARGET: BP WEBSITE, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE TARGET: BP WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE TARGET: BP WEBSITE WILL MEET YOUR EXPECTATIONS. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
Limitation of Liability. THE WEBSITE PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE THE TARGET: BP WEBSITE; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE TARGET: BP WEBSITE; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE TARGET: BP WEBSITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE TARGET: BP WEBSITE; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE TARGET: BP WEBSITE; (vii) FROM ANY DELAY OR FAILURE OF THE TARGET: BP WEBSITE ARISING OUT OF CAUSES BEYOND THE AHA’S AND THE AMA’S CONTROL; (viii) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE TARGET: BP WEBSITE (ix) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITES; OR (x) OUT OF ANY OTHER MATTER RELATING TO THE TARGET: BP WEBSITE.
In the event you are dissatisfied with, or dispute, these Terms of Use, and/or the Target: BP Website, your sole right and exclusive remedy is to terminate your use of the Target: BP Website, even if that right or remedy is deemed to fail of its essential purpose. You confirm that the AHA and the AMA have no other obligation, liability or responsibility to you or any other party.
Exclusions permitted by law. SOME JURISDICTIONS (BUT NOT INCLUDING NEW JERSEY) DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 16 AND 17 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND THE AHA’S AND THE AMA’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the Website Parties from and against all claims arising from or in any way related to your use of the Target: BP Website, a violation by you of these Terms of Use, or any other actions connected with your use of the Target: BP Website, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees. The AHA or the AMA will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the Website Parties other than under this Section.
Term and Termination. These Terms of Use will take effect at the time you begin using the Target: BP Website. The AHA and the AMA reserve the right, with or without notice, at any time and for any reason to deny you access to the Target: BP Website or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with the terms set forth herein. You may terminate these Terms of Use at any time by ceasing to use the Target: BP Website, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of the Target: BP Website in your possession.
Governing Law. These Terms of Use and all matters regarding your use of the Target: BP Website shall be governed by, construed in accordance with, and enforced under the laws of the State of New York applicable to contracts made and executed and wholly performed in the State of New York, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.
Waiver and Severability. The failure of the AHA or the AMA to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.
Complete Agreement. These Terms of Use, together with any revisions, any Additional Terms or Conditions incorporated by reference, and any Click-through Agreement, constitutes the entire agreement between you, the AHA and the AMA relating to the Target: BP Website and its use by you, and supersedes any previous written or oral communication regarding use of the Target: BP Website.
Contact Information. If you have any questions or concerns regarding these Terms of Use or the Target: BP Website, please visit our “Contact Us” page.
Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Target: BP Website must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
Use of Target: BP Website outside of the United States. The AHA and the AMA make no claims regarding access or use of the Target: BP Website outside of the United States. If you use or access the Target: BP Website outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.