Terms and Conditions of Use of the Target: BP Website
- 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.
- 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.
- 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.
- 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.
- 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.