These terms were last updated on January 19, 2021.
2. Permitted Use of the Website
You may download or print portions of the content of the Website, but not any significant portion of the content. You may use such downloads/print copies only for your own personal, non-commercial use. You may not remove the copyright and/or other proprietary notices located on any such content.
Your use of the Website must be in accordance with all applicable laws. You acknowledge that you do not acquire any ownership rights in the Website or any portions of their content from your access to or use of them.
3. Rights to Content
a. Website Content. You acknowledge that Cardio Flow is responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Website (the “Website Content”).
b. Copyrights, Trademarks and Other Proprietary Rights. You agree that Cardio Flow and its licensors own all rights, title and interest in the Website and all Website Content (including, but not limited to, any products, titles, computer code, themes, objects, characters, character names, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, chat transcripts, profile information, recordings of products used, and the Cardio Flow product and server software). All trademarks, service marks and trade names used in the Website are owned by Cardio Flow or other respective owners. The entirety of the Website Content is protected under the copyright laws of the United States, international treaties and other intellectual property laws (including without limitation the copyright in the selection, coordination, arrangement and enhancement of all content). The Website may contain or reference patents, technologies, products or other proprietary rights of Cardio Flow, its third party vendors and other third parties. Nothing on the Website should be construed as conferring by implication, estoppel or otherwise any license or right under any trademarks, copyrights, patents, technologies, products, or other proprietary rights of Cardio Flow, any of its third party vendors or other third parties.
c. Cardio Flow Names and Logos. The Cardio Flow name and logo and all other logos, service marks and trademarks made available through the Website Content are owned or licensed by Cardio Flow (the “Cardio Flow Marks”). You agree not to display or use in any manner any Cardio Flow Marks without Cardio Flow’s prior written consent.
e. Feedback. By submitting ideas, suggestions, documents and/or proposals to Cardio Flow through emails or through our suggestion, feedback, wiki, forum or similar web pages (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties; (ii) Cardio Flow is not under any obligation of confidentiality, express or implied, with respect to the Feedback, (iii) Cardio Flow shall be entitled to use and disclose such Feedback for any purpose, in any way, worldwide; (iv) Cardio Flow may have something similar to the Feedback already under consideration or in development, and (v) you are not entitled to any compensation or reimbursement of any kind from Cardio Flow under any circumstances. In addition, the Website may include various forums, blogs and chat features where you can post User Submissions, including observations and comments on designated topics. You acknowledge and agree that Cardio Flow cannot guarantee that other members will not use the ideas and information that you post. Therefore, if you have any ideas or information that you wish to keep confidential, do not post it on the Website.
4. User Conduct
We do not allow unauthorized access (hacking) into the Website. The use of deep-links, page scrapes, web crawlers, web robots, web scutters, spiders, wanderers, ants, automatic indexers, bots, worms, or other such devices, or programs, algorithms or methodologies which do the same things in connection with the Website, is prohibited.
We reserve all rights in the Website and the Website Content not granted to you. Without limiting the foregoing, except as permitted above, you may not modify, publish, reproduce, duplicate, translate, recreate, upload, download, post, display, perform, transmit, distribute, assign, license, lease, transfer, sell, use to create derivative works or otherwise exploit the Website or the Website Content (in whole or in part) for any purpose. Your use of the Website does not give you any right to use any of the logos, trademarks, service marks, or other indicators of origin appearing on the Website.
5. Additional Restrictions on Use
You agree that you will not, under any circumstances:
– Use any unauthorized software that accesses, intercepts, “mines” or otherwise collects information from or through the Website, including, but not limited to, any software that reads areas of RAM or streams of network traffic used by the Website;
– Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server or the Website, whether through the use of a network analyzer, packet sniffer or other device;
– Make any automated use of the Website, or take any action that imposes or may impose (in Cardio Flow’s sole discretion) an unreasonable or disproportionately large load on the infrastructure for the Website;
– Bypass any robot exclusion headers or other measures Cardio Flow takes to restrict access to the Website or use any software, technology or device to send content or messages, scrape, spider or crawl the Website or harvest or manipulate data;
– Use, facilitate, create, or maintain any unauthorized connection to the Website, including, but not limited to: (i) any connection to any unauthorized server that emulates, or attempts to emulate, any part of the Website; or (ii) any connection using programs, tools or software not expressly approved by Cardio Flow;
– Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Website, or to obtain any information from the Website;
– Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Website;
– Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
– Solicit or attempt to solicit personal information from other users of the Website;
– Collect, harvest or post anyone’s private information, including, but not limited to, personally identifiable information (whether in text, image, video or any other form), identification documents; or
– Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, but not limited to, clear GIFs, 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).
The Websites may contain links to other websites or resources that are owned and operated by third parties (each a “Linked Website”). You acknowledge and agree that Cardio Flow is not responsible for the availability of such Linked Websites, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available through such Linked Websites or for your use of them. You further acknowledge and agree that Cardio Flow shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any Linked Website.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, AND CARDIO FLOW AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE AND USAGE OF TRADE. CARDIO FLOW MAKES NO WARRANTY AS TO ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK. FURTHERMORE, CARDIO FLOW AND ITS LICENSORS AND VENDORS DO NOT WARRANT THAT THE AVAILABILITY OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CODE OR THAT THE USE OF THE WEBSITE WILL COMPLY WITH THE RULES OF ANY THIRD PARTY SOCIAL NETWORKING WEBSITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED 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 ANY SUCH MATERIAL.
8. Exclusive Remedy
9. Limitations on Liability
11. Governing Law; Jurisdiction; Venue
The Website can be accessed from countries around the world and may contain references to services and content that are not available in your country. These references do not imply that Cardio Flow intends to announce such services or content in your country. Cardio Flow controls the Website from its offices within the United States, and your data is stored in servers managed by Cardio Flow in the United States. Cardio Flow makes no representation that the Website is appropriate, may be downloaded, or is available for use outside the United States. Access to the Website where the content or access or use of the Website is illegal is prohibited. Those who choose to access and use the Website from outside the United States do so on their own initiative, at their own risk, and are responsible for compliance with applicable local laws and U.S. export and other applicable laws.
12. Miscellaneous Terms