Terms of Use / Privacy Policy
Effective Date: August 2008
TERMS AND CONDITIONS OF USE
This website (the "Site"), is published and maintained by subsidiaries, affiliates, and/or related entities of iCardiogram, Inc. ("iCardiogram").
Your Right to Use the Site and Its Contents
This Site is only for your personal use. You may not distribute, exchange, modify, sell, or transmit anything you copy from this Site, including but not limited to any text, images, audio, and video, for any business, commercial, or public purpose. As long as you comply with the terms of these Terms and Conditions of Use, iCardiogram grants you a non-exclusive, non-transferable, limited right to enter, display, and use this Site. You agree not to interrupt or attempt to interrupt the operation of this Site in any way.
Ownership
All materials on this Site, including but not limited to audio, images, software, text, and video clips (the "Content"), are protected by copyright under U.S. copyright law, international conventions, and other copyright laws. You cannot use the Content, except as specified herein. You agree to follow all instructions on this Site limiting the way you may use the Content. There are a number of proprietary logos, service marks, and trademarks found on this Site. By making them available on this Site, iCardiogram is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
Rules for Chatrooms, Bulletin Boards, and Other User-Supplied Material
This website may have an area which allows you to "chat" or upload and download materials. When using any of these areas, you agree not to post, send, transmit, upload, or otherwise publish through this Site, any materials that (1) interfere with anyone else's use of the Site; (2) are abusive, illegal, indecent, obscene, offensive, or threatening in any way; (3) encourage anyone to break the law; (4) violate anyone's copyright or other property right; (5) interfere with the privacy of any other user; (6) contain a virus or any other harmful component; or (7) contain false or misleading statements of fact or descriptions of the origin of the material or the communication. You agree to comply with any additional terms which are referred to on this Site.
Links
This website may contain links to other Internet sites on the World Wide Web. iCardiogram provides such links for your convenience only, and is not responsible for the content of any website linked to or from this Site. Links from this Site to any other website do not mean that iCardiogram approves of, endorses, or recommends that website. iCardiogram disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website.
Availability of Products and Services
The products and services displayed on the Site may not be available for purchase in your particular country or locality. The reference to such products and services on the Site does not imply or warrant that these products or services will be available at any time in your particular location. You should check with your local iCardiogram authorized representative for the availability of specific products and services in your area.
iCardiogram's Right to Change These Terms and Conditions of Use or Content on the Site
iCardiogram may add to, change, or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes. iCardiogram may add, change, discontinue, remove, or suspend any other Content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.
Indemnification
You agree to indemnify, defend, and hold iCardiogram and all of its agents, directors, employees, information providers, licensors and licensees, officers, and parent (collectively, "Indemnified Parties"), harmless from and against any and all liability and costs (including, without limitation, attorneys' fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of Use or the foregoing representations, warranties, and covenants. You will cooperate as fully as reasonably required in iCardiogram's defense of any claim. iCardiogram reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of iCardiogram.
Disclaimer of Warranties and Damages; Limitation of Liability
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THIS SITE, ICARDIOGRAM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE; (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE SITE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO ICARDIOGRAM'S NEGLIGENCE, SHALL ICARDIOGRAM BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS SITE, EVEN IF ICARDIOGRAM OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL ICARDIOGRAM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED $100.00.
General Provisions
These Terms and Conditions of Use and any additional terms posted on this Site together constitute the entire agreement between iCardiogram and you with respect to your use of this Site. Any cause of action you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these Terms and Conditions of Use shall continue in full force and effect. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of New York, United States of America, without reference to its conflicts of law rules.
ONLINE PRIVACY POLICY
Your Privacy
At iCardiogram we believe that, as our online visitor, you have a right to know our practices regarding the information we collect when you visit our websites, and what type of information is collected. The guidelines contained herein only apply to your visits to www.UltraLinq.com, which is operated by iCardiogram,
While iCardiogram does not generally require that you provide us with personally identifiable information in order to visit and use the iCardiogram websites, please note that in order to participate in some activities, it will be necessary for you to provide this information. If you choose not to provide it for those activities, you may not be able to participate in them.
Collection of Information: Cookies; Personal
For each visitor to an iCardiogram website, iCardiogram's web server may automatically recognize and store information, such as the visitor's IP address/domain name combination and any referring websites. We use this information to understand visitor traffic patterns through our websites for purposes such as enhancing their usability. Your computer provides this information automatically each time you log on, unless you've activated blocking technology available in some browsers.
When you visit iCardiogram's websites or advertisements appearing thereon, or use one or more of the iCardiogram website services, we may use an industry-wide technology called "cookies" which stores certain information on your computer and which will allow us to customize your experience to better match your interests and preferences, or to simply facilitate your signing in to use the services. Most browsers will allow you to erase cookies from your computer hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. However, if you block or erase cookies, we may not be able to restore any preferences or customization settings you previously specified, and our ability to personalize your online experience would be limited. Please refer to your browser instructions or "help" screen to learn more about these functions.
Additionally, iCardiogram may ask you to provide "personal information," meaning individually identifiable information such as your e-mail address, name, mailing address, telephone number, or persistent identifier (such as a customer number held in a cookie) which is associated with individually identifiable information, to enable you to participate in chatrooms, on bulletin boards, or to fill out a registration. iCardiogram may combine the information you provide on our websites with other information we may collect from you offline or from third parties so that we can more effectively tailor our website, services, and offerings to you.
Unless you instruct us otherwise, iCardiogram may contact you to provide information about products, services, promotions, contests, or other activities or offerings that may be of interest to you.
Unless it is for the purposes you have requested or originally agreed, iCardiogram will not share the personal information you provide on the iCardiogram websites with any other parties, except (a) with your consent; (b) as may be required by law or court order; or (c) to persons or companies with whom iCardiogram contracts to carry out the internal operations of the website or our business.
Additionally and with your consent, iCardiogram may share your personal information with other affiliated iCardiogram companies -- i.e., (i) iCardiogram Corporation, (ii) any company of which more than 50% of its outstanding shares are owned by iCardiogram Corporation, directly or indirectly, or (iii) any company with the name "ICARDIOGRAM" or "UltraLinq" as a part of its trade name -- who may want to contact you about products, services, or other offerings that may be of interest to you. Further, only with your consent, iCardiogram may share your personal information with specific third parties outside of the iCardiogram group of companies who may want to contact you about products, services, or other offerings that may be of interest to you. Please consult the respective privacy policies of each of these companies for further clarification as to their own privacy policy. Until we advise you, except as indicated above for the initial decision made with your consent to share your personal information with iCardiogram affiliates and/or specific third parties outside of the iCardiogram group of companies, changes or amendments to your personal information must be given both to iCardiogram and to each such iCardiogram affiliate or other company directly, as these changes, amendments, and/or deletions will not be exchanged among iCardiogram and other iCardiogram affiliates or third parties.
Security
While iCardiogram cannot guarantee that unauthorized access will never occur, rest assured that iCardiogram takes great care in maintaining the security of your personal information and in preventing unauthorized access to it through the use of appropriate technology and internal procedures.
Consent to Processing
By providing any personal information to the iCardiogram websites, all users, including without limitation users in the member states of the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States of America.
Policy Governs Use; Changes to Privacy Policy
The terms of this policy will govern the use and any information collected while it is in place. iCardiogram reserves the right to change this policy at any time, so please re-visit this page as often as you wish. Changes to this privacy policy are effective at the time they are posted to this Site, and your continued use of this Site after posting will constitute acceptance of, and agreement to be bound by, those changes.
Questions
If you have any questions or comments about our personal information practices or about this privacy statement, please feel free to send us an e-mail at info@UltraLinq.com.
