Terms and Conditions
Thank you for visiting EKG360’s Website (the “Site”). You should not access or use this Site until you have carefully read and agreed to these terms and conditions of use (the “Terms”). By using this Site, you agree to these Terms. If you do not agree to the Terms, you may not further access or use the Site. Because EKG360 may modify the Site and/or the Terms from time to time without notice, you should check this Site and the Terms periodically for modifications. If EKG360 makes material changes to the Terms, we will post the revised Terms and the revised effective date on this Site. By using the Site following any modifications to the Terms, you agree to be bound by such Terms. The Terms supersede all previous notices or statements regarding our terms and conditions of use with respect to this Site.
Use of this Site
EKG360 provides you with access to and use of this Site subject to your compliance with the Terms. By using this Site, or submitting information through this Site, you confirm that you are at least 18 years of age. If you are under 18 years of age, you may not use this Site without the express consent of an adult.
The Site may ONLY be used for lawful purposes. You are responsible for the consequences of your own communications, including the upload, transmission, and sharing of information on this Site. EKG360 specifically prohibits any use of the Site, for:
- posting any (i) information which is incomplete, false, inaccurate or not your own, (ii) trade secrets or material that is copyrighted or otherwise owned by a third party unless you have a valid license from the owner which permits you to post it or (iii) material that infringes on any other intellectual property, privacy or publicity right of another;
- impersonating another person;
- engaging in or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any city, state, national or international law or regulation, or which fails to comply with accepted Internet protocol; or
- transmitting or transferring (by any means) information or software derived from this Site to foreign countries or certain foreign nations in violation of US export control laws. In addition, you are prohibited from violating or attempting to violate the security of this Site or EKG360’s systems or network security.
EKG360 Proprietary Rights
This Site, including all of its contents, such as text, images, audio, and the HTML used to generate the pages, (“Content”), are the property of EKG360 or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, prepare derivative works from, delete, add to, license, post, transmit, or distribute any Content from this Site in whole or in part, for any public or commercial purpose without the specific written permission of EKG360. EKG360 hereby grants you a personal, non-exclusive, non-transferable license to access this Site, and to use the information and services available on this Site solely for personal purposes. As between you and EKG360 (or other company whose marks appear on this Site), EKG360 (or the respective company) is the owner and/or authorized user of any trademark, registered or not, appearing on this Site, and is the copyright owner or licensee of the Content and/or information on the Site. In particular, the EKG360 logos and service names are trademarks of EKG360 (the “EKG360 Marks”). Without EKG360’s prior written permission, you agree not to display or use EKG360 Marks in any manner. Nothing on this Site should be construed to grant any license or right to use any EKG360 Mark without the prior written consent of EKG360.
Disclaimer of Warranties
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EKG360.com DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. EKG360 MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE NOT SATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
Limitation of Liability and Indemnity.
TO THE GREATEST EXTENT PERTMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL EKG360, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF EKG360 OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF EKG360 TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD EKG360, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES HARMLESS FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, IN ANY WAY ARISING FROM, RELATED TO OR IN CONNECTION WITH YOUR USE OF THE SITE, YOUR VIOLATION OF THESE TERMS OR THE POSTING OR TRANSMISSION OF ANY MATERIALS ON OR THROUGH THE SITE BY YOU, INCLUDING, BUT NOT LIMITED TO, ANY THIRD PARTY CLAIM THAT ANY INFORMATION OR MATERIALS YOU PROVIDE INFRINGES ANY THIRD PARTY PROPRIETARY RIGHT.
You agree that the laws of the state of California, excluding its conflicts-of-law rules, shall govern the Terms. Please note that your use of this Site may be subject to other local, state, national, and international laws. You consent to jurisdiction of the state and federal courts of California for enforcement of the Terms. The section titles in the Terms are for convenience only and have no legal or contractual effect. Any claim or cause of action you may have with respect to EKG360 or this Site must be commenced within one (1) year after the claim or cause of action arose. The failure of EKG360 to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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, and the other provisions of the Terms remain in full force and effect. You may not assign these Terms or any of your rights or obligations under the Terms without EKG360’s express written consent. The Terms insure to the benefit of EKG360’s successors, assigns and licensees. The Terms constitute the entire agreement between you and EKG360 and govern your use of the Site, superseding any prior agreements between you and EKG360. You may also be subject to additional terms and conditions that are applicable to certain parts of this Site.