Last Updated and Effective Date: May 17, 2023

The following terms of use (“Terms of Use“) is an agreement between you and One Heart Network, LLC, a Kansas limited liability company. The Terms of Use govern your use of OneHeartNetwork.com and any websites, products, services, research activities, or other digital properties (collectively, “Services”). 

One Heart Network (or “we,” “us,” or “our“) will mean One Heart Network, LLC, and all parents, subsidiaries, intermediaries and affiliates, and all the officers, directors, Editorial Board Members (as defined in the Editorial Policy), board physicians, shareholders, employees and agents.

IMPORTANT: ONEHEARTNETWORK.COM DOES NOT PROVIDE MEDICAL ADVICE. THE INFORMATION ON THE SERVICES DO NOT REPLACE A DOCTOR’S OR MEDICAL PROFESSIONAL’S ADVICE OR RECOMMENDATIONS. YOUR HEALTHCARE PROVIDER IS THE BEST RESOURCE TO CONSULT REGARDING WHAT IS BEST FOR YOU AND YOUR MEDICAL CONDITION. IF YOU HAVE AN EMERGENCY, CALL 911 OR CONTACT YOUR DOCTOR IMMEDIATELY. RELIANCE ON ANY CONTENT PROVIDED BY ONEHEARTNETWORK.COM OR ANY COMMENTS MADE BY USERS OF THE SERVICES IS AT YOUR OWN RISK AND IS NOT RECOMMENDED.

BY ACCESSING OR USING THE SERVICES, YOU AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THE TERMS OF USE. IF YOU DO NOT COMPLY OR AGREE WITH THESE TERMS OF USE, YOU MAY NOT USE, ACCESS, VIEW, OR BENEFIT FROM ANY INFORMATION OR SERVICES. IF YOU AGREE TO THIS AGREEMENT ON BEHALF OF A LEGAL ENTITY: (A) YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY AND ANY REPRESENTATIVES IT ALLOWS TO ACCESS THE PLATFORM OR TO PROVIDE SERVICES VIA THE PLATFORM TO THIS AGREEMENT; (B) SUCH ENTITY IS RESPONSIBLE FOR ANY BREACH OF THIS AGREEMENT BY ANY OF ITS REPRESENTATIVES, AND (C) “YOU” AND “YOUR” AS USED WILL REFER AND APPLY TO THAT ENTITY. 

WE MAY UPDATE THE TERMS OF USE FROM TIME TO TIME WITHOUT NOTICE TO YOU BEYOND POSTING THE UPDATED TERMS AND PROVIDING THE EFFECTIVE DATE. YOUR CONTINUED USE OF THE SERVICE CONSTITUTES YOUR ACCEPTANCE OF SUCH UPDATES.

About the Terms

Key Terms. Terms not otherwise defined will have the following meanings:

“Users” means any person who accesses or uses the Services. References to “access” and/or “use” of the Services (and any variations) include the acts of accessing or browsing the Services.

“User Content” refers to videos, text, photos, information or other content captured, recorded, streamed, stored, shared or otherwise made available or caused to be made available by Users on or through the Services.

“Your Content” refers to User Content that you provide or make available. Your Content does not include confidential account registration information.

“Services Content” refers to all copyright, designs, the “look and feel” of the Services, trademarks, and all other intellectual property rights including software and all HTML and other code contained in or run by this Services and all information such as data files, graphics, text, photographs, drawings, logos, rich media, including Flash and Silverlight, images, sounds, music, video, or audio files on this Services. 

Services Rules and Supplemental Terms. Your access to and use of the Services is governed by the terms and conditions of these Terms of Use, our Privacy Policy, and all other policies and rules posted on the Services or otherwise communicated to Users (the “Services Rules”). Certain features, functionality, tools, content, and promotions available on or through the Services may be subject to additional or supplemental terms and conditions (“Supplemental Terms”). If you access or use those features, functionality, tools, or content or participate in those promotions, the applicable Supplemental Terms are also incorporated and deemed part of these Terms of Use. If there is a conflict between these Terms of Use and the Supplemental Terms, the Supplemental Terms will govern and control the features, functionality, tools, content, and promotions.

PLEASE READ THESE TERMS OF USE, OUR PRIVACY POLICY, SERVICES RULES AND ALL APPLICABLE SUPPLEMENTAL TERMS (COLLECTIVELY, THE “TERMS”) CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS AND REMEDIES IN CONNECTION WITH YOUR USE OF THE SERVICES. YOUR ACCESS TO AND USE OF THE SERVICES ARE CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS.

About the Services

Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Content or Your Content that contains personal information.

License to Use. Subject to your compliance with the Terms, One Heart Network grants you a limited non-exclusive, non-transferable, non-assignable and non-sublicensable license to access and use the Services. This license is only granted to allow you to use and enjoy the benefit of the Services as provided by One Heart Network, in the manner permitted by the Terms. Our Services are for personal use only. You may not copy, reproduce, republish, sell or otherwise profit from information found on any Services for non-personal use or redistribute the information for non-personal use. Our Services are only for individuals ages 18 years or older. If you are under the age of 18, you may only use the Services under adult supervision, in which this adult is solely responsible for your conduct on these Services.

Modifications and Updates to the Services. We reserve the right, in our sole discretion, to modify or discontinue offering the Services, in whole or in part, or any features, functionality, tools, or content thereof, at any time, for any reason or no reason, with or without notice to you.

International Users. The Services are controlled and operated within the United States. You are prohibited from accessing or using the Services from any territory where the Services or any of the features, functionality, tools, or content, is illegal. If you access the Services from a location outside the United States, you do so at your own risk. You are solely responsible for compliance with applicable laws, rules and regulations, including export laws and any regulations and local laws regarding online conduct and content.

No Conflict. You represent and warrant that you are not prohibited or limited in any way from accessing and using the Services by (a) any contract (e.g., employment, consulting, confidentiality, or non-disclosure agreements), (b) your current employer’s policies or codes of conduct if you are employed, (c) any similar policies or obligations that limit your conduct in any way, or (d) any rules of conduct applicable to your profession or industry or any similar laws, rules, or regulations. You confirm that you have obtained all necessary consents or waivers to access and use the Services. At our sole discretion, we determine your eligibility to create an account on the Services.

 Accounts

 Registration. While certain Services Content is publicly available, you must register for an account before you can use all features of the Services. When you create your account, you will be asked to create a username and password. You agree you will be solely responsible for any activities or actions on or through your account, whether or not you have authorized such activities or actions. One Heart Network cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

 Termination. You may cancel your account at any time. We may, at our discretion, without liability to you and without limiting our other remedies, with or without prior notice and at any time, decide to (i) limit, suspend, deactivate or cancel your account and take technical and legal steps to prevent you from using our Services at any time for any reason, and (ii) screen or delay the posting or delivery of Your Content. If your account is deactivated or canceled, One Heart Network will have the right, but not the obligation to delete Your Content.

 Intellectual Property

 Services Content. The term “Services Content” will mean all copyright, designs, the “look and feel” of the Services, trademarks, and all other intellectual property rights including software and all HTML and other code contained in or run by this Services and all information such as the “look and feel” of the Services, data files, graphics, text, photographs, drawings, logos, rich media, including Flash and Silverlight, images, sounds, music, video, or audio files on this Services. You acknowledge and agree that all Services Content will remain at all times vested in One Heart Network and/or are the property of their respective owners. All such Services Content is protected by federal and state laws and regulations and international treaty provisions. You are permitted to use the Services Content only as expressly authorized herein by One Heart Network and/or its third-party licensors. Any reproduction or redistribution of Services Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above-listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

Sponsor Content. The contents, advertisements, information, and other materials of any One Heart Network sponsor (“Sponsor”) or on any Sponsor’s web services, and on all other web Services under any Sponsor’s control, whether partial or otherwise, such as text, graphics, images, logos, trademarks, copyrighted material, button icons, software and other content (collectively, “Sponsor Content”) and the compilation (meaning the collection, arrangement and assembly) of all Sponsor Content, are protected by copyright, trademark and other laws. As between you and any Sponsor, all Sponsor Content is the Sponsor’s exclusive property. Unauthorized use of Sponsor Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service mark and other proprietary notices contained in Sponsor Content on any permitted copy you make of Sponsor Content. You may not sell or modify Sponsor Content or reproduce, display, publicly perform, distribute, or otherwise use Sponsor Content in any way for any public or commercial purpose, unless previously approved in writing by the Sponsor. The use of Sponsor Content on any other web services for any purpose is prohibited. For sake of clarity, you are not permitted to use any Sponsor Content unless you are given express permission to do so by the Sponsor.

Your Content. By recording, uploading, streaming, sharing or storing Your Content, you hereby grant One Heart Network a worldwide, non-exclusive, transferable, sublicensable, royalty-free right and license to use, copy, reproduce, process, adapt, modify, distribute, post, broadcast, publicly perform, publish and display Your Content in any and all media as necessary to operate the Services. You further grant us the right to use, copy, distribute, post, broadcast, publicly perform, publish and display your username in connection with Your Content as described herein or elsewhere on the Services. One Heart Network does not claim any ownership rights in Your Content and nothing in the Terms will be deemed to restrict any rights that you may have to use and exploit any such content, subject only to the licenses granted to One Heart Network under these Terms. You acknowledge and agree that you are solely responsible for Your Content, and for any consequences thereof, including the use of Your Content by other Users.

Feedback. We welcome and encourage you to provide feedback and suggestions for the Services (“Feedback”). You may submit Feedback by emailing us, at legal@oneheartnetwork.com. You acknowledge and agree that all Feedback you give us will be treated as non-confidential and will be the sole and exclusive property of One Heart Network. You acknowledge that your Feedback may be disseminated or used by One Heart Network or its affiliates for any purpose, including developing, improving, and marketing products. You hereby irrevocably transfer and assign to One Heart Network all of your right, title, and interest in and to all Feedback, including all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback.

Copyright Policy. If you are a copyright owner or an agent thereof and believe that any Services or User Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online Services are covered by a single notification, a representative list of such works at that Services;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement that you have a good faith belief that use of the material in the manner complained 
• of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We reserve the right to remove User Content alleged to be infringing without prior notice, at our sole discretion.

If you believe that any of Your Content was improperly removed or disabled, please provide the following Counter-Notification to our Copyright Agent (see 17 U.S.C. Section 512(g) for further detail):

• your physical or electronic signature;
• a description of the materials that have been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• a statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
• your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.

(See 17 U.S.C. Section 512(c)(3) for further detail about the Digital Millennium Copyright Act).

Our designated copyright agent for notice of alleged copyright infringement is:

Attn: Legal Department

One Heart Network, LLC

E-mail: copyright@OneHeartNetwork.com

Warranties, Disclaimers, & Limitation of Liability

 Warranties by Users. You represent and warrant to One Heart Network that:

• you have the power and authority to accept and agree to the Terms;
• you own or control all of the rights necessary to grant the rights and licenses granted herein;
• you will not violate any federal, state or local laws, rules or regulations or infringe the rights of any third party, including, any intellectual property, privacy or publicity-related rights, in connection with Your Content or otherwise in connection with your access to or use of the Services;
• the exercise by One Heart Network of the rights granted by you hereunder will not cause One Heart Network to violate any applicable laws, rules or regulations, to infringe the rights of any third party; and
• all account information provided by you will be complete, accurate and up-to-date when provided, and updated as necessary to ensure that it remains complete, accurate and up-to-date.

Disclaimer of Warranties YOUR USE OF THE SERVICES AND SERVICES CONTENT IS AT YOUR OWN RISK. ALL SERVICES CONTENT, SERVICES, AND INFORMATION MADE AVAILABLE OR DISCUSSED ON OR ACCESSED THROUGH THE SERVICES IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND.

ONE HEART NETWORK MAKES NO REPRESENTATIONS OR ENDORSEMENTS ABOUT THE SUITABILITY FOR ANY PURPOSE OF PRODUCTS, SERVICES, AND INFORMATION AVAILABLE THROUGH THE SERVICES.

FURTHER, ONE HEART NETWORK DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-

INFRINGEMENT, WITH REGARD TO THE SERVICES CONTENT, PRODUCTS, SERVICES, AND ALL OTHER INFORMATION CONTAINED ON AND/OR MADE AVAILABLE THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF THE SERVICES.

WE DO NOT GUARANTEE THE TIMELINESS, VALIDITY, COMPLETENESS OR ACCURACY OF THE SERVICES CONTENT. WE DO NOT WARRANT THAT THE FUNCTIONS, MATERIALS OR CONTENT ON THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. ADDITIONALLY, WE DO NOT WARRANT THAT SERVICES WILL REMAIN FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW OR PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES; ONE HEART NETWORK’S LIABILITY IN THESE JURISDICTIONS will BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Limitation of Liability. IN NO EVENT WILL ONE HEART NETWORK BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES OR WITH THE DELAY OR INABILITY TO USE SAME, OR WITH HYPERTEXT OR GRAPHIC LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES OR ANY LINKED SERVICES, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF SAME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ONE HEART NETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM ONE HEART NETWORK’S NEGLIGENCE OR GROSS NEGLIGENCE.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW:

THE ENTIRE RISK ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES IS AND REMAINS WITH YOU.

WITHOUT LIMITING THE FOREGOING, ONE HEART NETWORK DISCLAIMS ANY AND ALL LIABILITY RELATED TO (I) THE ACTS OR OMISSIONS OF ANY OTHER USER OR ANY OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, AND (II) ANY USER OR SERVICES CONTENT ACCESSED, VIEWED OR DOWNLOADED IN CONNECTION WITH THE USE OF THE SERVICES. 

YOU ACKNOWLEDGE AND AGREE THAT THE ACCESSING AND USING THE SERVICES, SUBMITTING AND TRANSMITTING YOUR CONTENT, COMMUNICATING OR INTERACTING WITH OTHER USERS AND ACCESSING, VIEWING OR DOWNLOADING THE USER CONTENT OF OTHER USERS ARE DONE AT YOUR OWN DISCRETION AND RISK, AND YOU AND HEREBY RELEASE ONE HEART NETWORK AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGES CAUSED BY ANY OF THE FOREGOING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSIVE OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH IN THIS SECTION, SO THESE LIMITATIONS AND EXCLUSIONS APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. IN THE EVENT THAT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, ONE HEART NETWORK’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT will BE LIMITED TO ONE HUNDRED U.S. DOLLARS (US $100).

Third-Party Web Services and Information

As a convenience to you, the Services provide links to other web services and sources of information (“Out Links”). In no circumstances is One Heart Network liable or responsible for the content contained or associated with any third-party web services. One Heart Network does not monitor or necessarily agree or know to be accurate any content contained or associated with any third-party web services. By clicking on an Out Link, you agree that One Heart Network will not be liable, directly or indirectly, for any damage or actions caused or alleged by, or in connection with the use of any Out Link.

Advertising Policy

From time to time One Heart Network accepts relevant advertising on its web Services. Advertising is clearly identified and surrounded by clearly viewable statements such as “ADVERTISEMENT,” “SPONSORED LINKS,” “SPONSOR RESOURCE CENTER” or other such distinctions. One Heart Network does not review or approve content in the advertisements. When clicking on a “banner advertisement” or entering a “sponsored page” you agree that One Heart Network will not be liable, directly or indirectly, for any damage or actions caused or alleged by or in connection with the use of these links and their content.

User Participation / Terms of Conduct

At OneHeartNetwork.com, we welcome patients’, caregivers’, and others’ thoughts, comments and experiences via our interactive forums, which include comments, forums and reviews.

When contributing Your Content to OneHeartNetwork.com, you acknowledge and warrant that you own or otherwise control all of the rights to Your Content that you contribute; that Your Content is accurate and non-confidential; that use of Your Content does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify One Heart Network or its affiliates for all claims resulting from Your Content.

One Heart Network reserves the right but has no obligation to review, verify or monitor all activity and the accuracy of the information you post. By contributing Your Content, of any type, you grant to One Heart Network the perpetual, worldwide, irrevocable right to use or reproduce Your Content without attribution or compensation to you. One Heart Network reserves the right to remove, without warning or notice to the User, any User Content that One Heart Network believes, in its sole discretion, is unfit for OneHeartNetwork.com. This includes posts that are deemed to be overtly commercial in nature.

You agree that you will access and use the Services for personal use only. Any time you access or use the Services, you are required to comply with our User conduct guidelines, as set forth below.

Public Areas. You agree that you will not access or use the Services to capture, record, upload, stream, share or store any video or images, or otherwise act in any manner, that:

• is intended to perpetrate a hoax or otherwise defraud, mislead or deceive any person or entity;
• violates, breaches or circumvents any local, state, federal or other law, rule or regulation;
• violates, breaches or circumvents the rights of any person or entity, including infringing or misappropriating such party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
• is defamatory, obscene, pornographic, vulgar, lewd, offensive or unlawful, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
• promotes illegal or harmful activities or substances; 
• or is harmful to children.

User Conduct Guidelines. Without limiting the above, you are not authorized to access or use the Services:

• to impersonate any person or entity, or falsify or otherwise misrepresent your identity, credentials, affiliations or intentions;
• to collect, store or use any information from or about another User;
• to “stalk” or harass any other User;
• to distribute unsolicited commercial or bulk electronic communications (or, “spam”), chain letters or “pyramid” schemes;
• for political campaigning, recruiting votes or soliciting donations or other support for legislative or other initiatives;
• to systematically retrieve information or content to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
• if you are not able to form legally binding contracts (for example, if you are under 18); or
• for any other purposes that are not expressly permitted by the Terms.

Further, you may not:

• access, copy, distribute, share, publish, use or store any Services Content, including any information from or about any other User, for purposes that are inconsistent with our Privacy Policy, or otherwise violate the privacy rights or any other rights of other Users or any other third party, including by disclosing, selling, renting, distributing or exposing any Services Content to a third party, using it for marketing purposes, or otherwise using it for any purposes unrelated to the Services;
• access, copy, distribute, share, publish, use or store, or prepare derivative works from any Services Content that belongs to One Heart Network, another User or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of the person or entity party holding the rights to license such use;
• circumvent our systems, policies, determinations as to your account status, including by attempting to access or use the Services if your account has been suspended or canceled or you have otherwise been temporarily or permanently prohibited or blocked from using the Services;
• access, search, collect information from, or otherwise interact with the Services by “scraping,” “crawling” or “spidering” the Services, by the use of any software, device, script or robot, or by any other means (automated or otherwise), unless you have been specifically authorized to do so in a separate agreement with One Heart Network;
• use, display, mirror or frame the Services, or any feature, functionality, tool or content of the Services, One Heart Network’s name, any One Heart Network trademark, logo or other proprietary information, without One Heart Network’s express written consent;
• interfere with, disrupt, damage or compromise the Services or our systems or the access of any User, host or network in any way, including through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology or by overloading, flooding, spamming, mail-bombing the Services or otherwise imposing an unreasonable or disproportionately large load on the Services;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by One Heart Network or any of One Heart Network’s providers or any other third party to protect the Services;
• export or re-export the Services, except in compliance with the export control laws and regulations of any relevant jurisdictions; ’otherwise abuse the Services or breach the Terms; or
• attempt to do any of the foregoing, or advocate, encourage or assist any third party in doing any of the foregoing.

Please be aware that we require you to abide by the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (“FTC Endorsement Guides,” see ftc.gov). We believe in full transparency and in full, fair, and effective disclosures of material facts relating to your relationship with our Sponsors and us. Per the FTC’s Endorsement Guides, if you are receiving free products, services, payment, or other in-kind compensation in exchange for your participation in our Services or in return for promoting a Sponsor or its products/services, you must disclose your connection to us and/or our Sponsor. This disclosure should appear in close proximity to any statements you make about Sponsor’s products or services or the Sponsor in general.

Important Information When Participating In Our Forums and Community.

Please note that posts to OneHeartNetwork.com forums and comments are viewable by the public and discoverable by search engines. When using our forums and community features, some of your personally identifiable information (only if provided by you) such as your first or last name, might be displayed, making your information no longer private. Please bear this in mind when creating a username and posting Your Content.

User Content. The opinions expressed in OneHeartNetwork.com’s User Content, such as forums, comments, reviews, ratings, and other areas of the Services are solely those of the authors, who may or may not have medical or scientific training.

These opinions and comments do not represent the opinions of One Heart Network and do not go through our editorial board or our Editorial Policy. One Heart Network does not assume liability for any of the User Content on the Services. In some instances, opinions and comments may contain information about treatments or uses of prescription drugs that have not been approved by the U.S. Food and Drug Administration. One Heart Network does not endorse or encourage the use of non-FDA approved products, services or treatment.

One Heart Network reserves the right to remove User Content in its sole discretion.

Disputes. You expressly agree that any dispute arising out of or in connection with the Services, the Services Content or these Terms of Use will be decided in accordance with the laws of the State of Kansas without giving effect to any choice of law rules. You expressly consent to the exclusive jurisdiction of the state and federal courts sitting in the State, City and County of Kansas and hereby waive any objection to jurisdiction and venue in such courts.

Miscellaneous

Privacy. Our collection and use of information about Users is governed by our Privacy Policy. By accessing and using the Services, you consent to the collection and use of this information, including the transfer of this information outside the United States and/or other countries, for storage, processing and use by One Heart Network. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services, which you may not be able to opt-out from receiving unless you terminate your account.

Notices. Any notices or other communications permitted or required hereunder, including those regarding modifications to the Terms, will be in writing and given by One Heart Network (i) via e-mail (in each case to the address that you provide), or (ii) by posting to the Services. For notices made by e-mail, the date on which such notice is transmitted will be deemed the date of receipt.

Entire Agreement. These Terms, including these Terms of Use, our Privacy Policy, applicable Supplemental Terms, and Services Rules, constitute the entire and exclusive understanding and agreement between you and One Heart Network regarding your access to and use of the Services and supersede and replaced all prior or contemporaneous oral or written understandings or agreements between you and One Heart Network and regarding this subject matter.

Survival of Terms. Any provisions of the Terms that contemplate performance or observance subsequent to the expiration or termination of these Terms of Use will survive such expiration or termination.

Waiver. Our failure to exercise any right or enforce any obligation under these Terms of Use or to take action with respect to a breach by you or others will not constitute a waiver of such right, obligation or breach. The waiver of any right, obligation or breach will be effective only if in writing and signed by a duly authorized representative of One Heart Network. In addition, no waiver granted in any instance will constitute a waiver in any other instance.

Remedies. Except as expressly set forth in the Terms, the exercise by either party of any of its remedies under the Terms will be without prejudice to its other remedies available under contract, at law, in equity or otherwise.

Severability. Except as otherwise provided in the Terms, if an arbitrator or a court of competent jurisdiction finds any provision of the Terms to be invalid, void or unenforceable, in whole or in part, for any reason, the offending provision will be enforced to the maximum extent permissible and will not affect the validity or enforceability of the remaining provisions, which will remain in full force and effect.

California Residents. Pursuant to California Civil Code §1789.3, California residents are also entitled to the following specific consumer rights notice:

Complaints regarding the Services or requests to receive further information regarding the use of the Services may be sent to the above address or to legal@oneheartnetwork.com. 

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N112, Sacramento, CA 95834 or by telephone at (916) 445-1245 or (800) 952-5210. Hearing-impaired persons may call TDD (800)-326-2297 or TDD (916)-928-1227, see www.dca.ca.gov for additional information.

Contact Us. If you have any questions or concerns, please contact One Heart Network at legal@oneheartnetwork.com.

Copyright ©2022 One Heart Network, LLC. All rights reserved.