Agreement to Terms of Use
These Terms and Conditions of Use (the “Terms of Use”) apply to the Seattle Heart Failure
Model web site located at depts.washington.edu/shfm, the “Site”. The Site is the property
of the University of Washington (“UW”). BY USING THE SITE, YOU AGREE TO THESE TERMS OF
USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
UW reserves the right, at its sole discretion, to change, modify, add or remove portions
of these Terms of Use, at any time. It is your responsibility to check these Terms of Use
periodically for changes. Your continued use of the Site following the posting of changes
will mean that you accept and agree to the changes. As long as you comply with these Terms
of Use, UW grants you a personal, non-exclusive, non-transferable, limited privilege to
enter and use the Site.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos,
sounds, music, artwork and computer code (collectively, “Content”), including but not
limited to the design, structure, selection, coordination, _expression, “look and feel”
and arrangement of such Content, contained on the Site is owned, controlled or licensed by
or to UW, and is protected by trade dress, copyright, patent and trademark laws, and
various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may
be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted or distributed in any way (including “mirroring”) to any other
computer, server, Web site or other medium for publication or distribution or for any
commercial enterprise, without UW’s express prior written consent.
You may use information on the Seattle Heart Failure Model (such as printouts of a
screenshot) purposely made available by UW for printing from the Site, provided that you
(1) not remove any proprietary notice language in all copies of such documents, (2) use
such information only for your personal, non-commercial informational purpose and do not
copy or post such information on any networked computer or broadcast it in any media, (3)
make no modifications to any such information, and (4) not make any additional
representations or warranties relating to such documents.
Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic
device, program, algorithm or methodology, or any similar or equivalent manual process, to
access, acquire, copy or monitor any portion of the Site or any Content, or in any way
reproduce or circumvent the navigational structure or presentation of the Site or any
Content, to obtain or attempt to obtain any materials, documents or information through
any means not purposely made available through the Site. UW reserves the right to bar any
such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or
any other systems or networks connected to the Site or to any UW server, or to the Seattle
Heart Failure Model, by hacking, or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to
the Site, nor breach the security or authentication measures on the Site or any network
connected to the Site. You may not reverse look-up, trace or seek to trace any information
on any other user of or visitor to the Site, or exploit the Site or any service or
information made available or offered by or through the Site, in any way where the purpose
is to reveal any information, including but not limited to personal identification or
information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or
disproportionately large load on the infrastructure of the Site or UW’s systems or
networks, or any systems or networks connected to the Site or to UW.
You agree not to use any device, software or routine to interfere or attempt to interfere
with the proper working of the Site or any transaction being conducted on the Site, or
with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the
origin of any message or transmittal you send to UW on or through the Site. You may not
pretend that you are, or that you represent, someone else, or impersonate any other
individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by
these Terms of Use, or to solicit the performance of any illegal activity or other
activity which infringes the rights of UW or others.
Use of the Seattle Heart Failure Model
Additional terms and conditions apply to specific portions or features of the Site,
including use of the Seattle Heart Failure Model, all of which terms are made a part of
these Terms of Use by this reference. You agree to abide by such other terms and
conditions, including where applicable representing that you are of sufficient legal age
and professional accreditation to use or participate. If there is a conflict between these
Terms of Use and the terms posted for or applicable to a specific portion of the Site, the
latter terms shall control with respect to your use of that portion of the Site.
UW’s obligations, if any, with regard to the Seattle Heart Failure Model is governed
solely by the agreement under which Seattle Heart Failure Model access is provided, and
nothing on this Site should be construed to alter such agreements.
UW may make changes to the Seattle Heart Failure Model, at any time, without notice.
Privacy
A Privacy Policy applies to use of this Site, and its terms are made a part of these Terms
of Use by this reference. To view the Privacy Policy click here. Additionally, by using
the Site, you acknowledge and agree that Internet transmissions are never completely
private or secure. You understand that any message or information you send to the Site may
be read or intercepted by others, even if there is a special notice that a particular
transmission is encrypted.
Links to Other Sites
This Site may contain links to other independent third-party Web sites (“Linked Sites”).
These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites
are not under UW’s control, and UW is not responsible for and does not endorse the content
of such Linked Sites, including any information or materials contained on such Linked
Sites. You will need to make your own independent judgment regarding your interaction with
these Linked Sites.
Disclaimers
UW DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, OR FEATURE OF THE SITE WILL BE
ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF
THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN
“AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO
CHANGE WITHOUT NOTICE. UW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY
WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. UW DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY
THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY UW
SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.
YOUR SOLE REMEDY AGAINST UW FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP
USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN
BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure
of performance, error, omission, interruption, deletion, defect, delay in operation or
transmission, computer virus, communication line failure, theft or destruction of or
unauthorized access to, alteration of, or use, whether for breach of contract, tort,
negligence or any other cause of action.
UW reserves the right to do any of the following, at any time, without notice: (1) to
modify, suspend or terminate operation of or access to the Site, or any portion of the
Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and
any applicable policies or terms; and (3) to interrupt the operation of the Site, or any
portion of the Site, as necessary to perform routine or non-routine maintenance, error
correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will UW be liable to you for any indirect,
consequential, exemplary, incidental or punitive damages, including lost profits, even if
UW has been advised of the possibility of such damages.
Indemnity
You agree to indemnify and hold UW, its officers, directors, shareholders, predecessors,
successors in interest, employees, agents, subsidiaries and affiliates, harmless from any
demands, loss, liability, claims or expenses (including attorneys’ fees), made against UW
by any third party due to or arising out of or in connection with your use of the Site.
Violation of These Terms of Use
UW may disclose any information we have about you (including your identity) if we
determine that such disclosure is necessary in connection with any investigation or
complaint regarding your use of the Site, or to identify, contact or bring legal action
against someone who may be causing injury to or interference with (either intentionally or
unintentionally) UW’s rights or property, or the rights or property of visitors to or
users of the Site. UW reserves the right at all times to disclose any information that
UW deems necessary to comply with any applicable law, regulation, legal process or
governmental request.
You acknowledge and agree that UW may preserve any transmittal or communication by you
with UW through the Site, and may also disclose such data if required to do so by law or
UW determines that such preservation or disclosure is reasonably necessary to (1) comply
with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such
data violates the rights of others, or (4) protect the rights, property or personal safety
of UW, its employees, users of or visitors to the Site, and the public.
You agree that UW may, in its sole discretion and without prior notice, terminate your
access to the Site and/or block your future access to the Site if we determine that you
have violated these Terms of Use or other agreements or guidelines which may be associated
with your use of the Site.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all
disputes, will be governed by the laws of the United States and by the laws of the State
of Washington without regard to its conflicts of laws provisions. You agree to the
personal jurisdiction by and venue in the state and federal courts in King County,
Washington, and waive any objection to such jurisdiction or venue. Any claim under these
Terms of Use must be brought within one (1) year after the cause of action arises, or such
claim or cause of action is barred. No recovery may be sought or received for damages
other than out-of-pocket expenses, except that the prevailing party will be entitled to
costs and attorneys’ fees. In the event of any controversy or dispute between UW and you
arising out of or in connection with your use of the Site, the parties shall attempt,
promptly and in good faith, to resolve any such dispute.
If you choose to access the Site from outside the United States, you do so on your own
initiative and you are solely responsible for complying with applicable local laws.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such
Content, or any product or service offered on the Site, in violation of any applicable
laws or regulations, including without limitation United States export laws and
regulations.
If any of the provisions of these Terms of Use are held by a court or other tribunal of
competent jurisdiction to be void or unenforceable, such provisions shall be limited or
eliminated to the minimum extent necessary and replaced with a valid provision that best
embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full
force and effect. These Terms of Use constitute the entire agreement between you and UW
with regard to your use of the Site, and any and all other written or oral agreements or
understandings previously existing between you and UW with respect to such use are
hereby superseded and cancelled. UW will not accept any counter-offers to these Terms
of Use, and all such offers are hereby categorically rejected. UW’s failure to insist
on or enforce strict performance of these Terms of Use shall not be construed as a waiver
by UW of any provision or any right it has to enforce these Terms of Use, nor shall any
course of conduct between UW and you or any other party be deemed to modify any
provision of these Terms of Use. These Terms of Use shall not be interpreted or construed
to confer any rights or remedies on any third parties.