LAST UPDATED: SEPTEMBER 1, 2016
Attention: The Ancora Heart, Inc. Accucinch® System is currently undergoing clinical evaluation and is not yet commercially available.
Please read the following before using this web site.
1. Effective Date
This Agreement was last updated on September 1, 2016.
2. Acceptance of Terms
The Site is available only to users who are at least 13 years old. By using the Site, you represent that you are at least 13 years of age.
This Agreement outlines the legally binding terms for your use of the Site. We reserve the right, at our discretion, to modify this Agreement at any time, for any reason, without notice. You may identify whether we have revised this Agreement by the Effective Date listed in Section 1 above. Your continued use of the Site after the posting of such modifications constitutes your binding acceptance of such changes. In the event that such modifications materially alter your rights or obligations hereunder, such modified Agreement will become effective upon the earlier of (i) your continued use of the Site with actual knowledge of such modified Agreement, or (ii) 30 days from publication of such modified Agreement on the Site.
4. User Conduct and Responsibilities
You are responsible for obtaining access to the Site and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Site. Your use of the Site is subject to all applicable local, state, national, and international laws and regulations.
Access to the Site from territories where its contents are illegal is prohibited. Those who choose to access the Site do so at their own initiative and are responsible for compliance with all local rules including without limitation rules about the internet, data, email, or privacy. As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. You may not use the Site in any manner that, in our sole discretion, could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to any part of the Site, computer systems or networks connected to the Site, or any part of them, or attempt to interfere with the proper working of the Site or any activities conducted on or through the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site or any part thereof for any purpose without Ancora Heart’s express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. Furthermore, you agree not to deep-link to the Site, and to promptly remove any links that Ancora Heart finds objectionable in its sole discretion.
5. Site Content
All content on the Site, including but not limited to data, results, designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of Ancora Heart or its licensors with all rights reserved. You are granted a limited license to access and use the Site and to download or print a copy of any portion of the Site Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except as permitted herein or by applicable law, no Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Ancora Heart’ prior written permission. Nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Site (“Submissions”), provided by you to Ancora Heart are non-confidential and shall become the sole property of Ancora Heart. Ancora Heart shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
8. Copyrights and Trademarks
All contents on the Site are: Copyright ©2016 Ancora Heart or its partners. All rights reserved. Ancora Heart and logo are trademarks of Ancora Heart. All other trademarks are property of their respective companies. All trademarks and registered trademarks are protected by U.S. and international trademark laws.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Ancora Heart may broadcast notices or messages through the Site to inform you of changes to this Agreement, the Site, or other matters of importance. Such broadcasts shall constitute notice to you.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
THE SITE, AND ALL CONTENT INCLUDED IN THE SITE, IS PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER
EXCEPT AS EXPRESSLY SET FORTH ON THE SITE, ANCORA HEART AND ITS LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
ANCORA HEART AND ITS LICENSORS MAKE NO WARRANTY OR REPRESENTATION REGARDING (1) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR PRODUCTS OFFERED THROUGH THE SITE, (2) THE CURRENCY, ACCURACY, QUALITY, CONTENT, COMPLETENESS, LEGALITY, OPERABILITY, AVAILABILITY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, OR (3) THAT THE SITE WILL MEET ANY OF YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE
USE OF THE SITE IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANCORA HEART OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN
11. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL ANCORA HEART OR ITS LICENSORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF ANCORA HEART OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY, WITHOUT LIMITATION, WHETHER THE DAMAGES ARISE FROM ANY PRODUCT OR SERVICE OFFERED THROUGH THE SITE, USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
12. Exclusions and Limitations
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you. In such cases, Ancora Heart liability will be limited to the fullest extent permitted by applicable law.
You agree to indemnify and hold Ancora Heart, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with your use of the Site, your violation of this Agreement, your violation of applicable law, or your violation, infringement or misappropriation of the rights of any third party.
Entire Agreement. This Agreement constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
Headings, Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Linked Sites. The Site may include links to other websites or services (“Linked Sites”) solely as a convenience to users. Ancora Heart does not endorse any such Linked Sites or the information, material, products, or services contained on or accessible through Linked Sites. Furthermore, Ancora Heart makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
Waiver and Severability of Terms. The failure of Ancora Heart to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Ancora Heart. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision to the fullest extent permitted by applicable law, and the other provisions of this Agreement remain in full force and effect.
Statute of Limitations. You and Ancora Heart agree that any cause of action arising out of or related to this Agreement must commence within one (1) year after the cause of action first arose; otherwise, such cause of action is permanently barred. Some jurisdictions may prohibit the shortening of the time period in which a cause of action must be brought. In all such jurisdictions, the applicable time period shall be the minimum allowed by law.
Choice of Law and Forum. This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law provisions. You and Ancora Heart agree to submit to the exclusive jurisdiction of the courts of the State of California.
Disclosures. The Site is offered by Ancora Heart, located at:2355 Calle de Luna, Santa Clara, CA 95054, and email: firstname.lastname@example.org. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.