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Disclaimer

This The New York Center for the Prevention of heart disease (thenyheartcenter.com) Web site (the "Site" or "The New York Center for the Prevention of heart disease (thenyheartcenter.com)") is an online information and communications service provided by The New York Center for the Prevention of heart disease (thenyheartcenter.com), Inc. that contains information about heart health and other related matters.

1. THIS IS A BINDING AGREEMENT

This Terms and Conditions of Use ("Agreement") between you and THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM) sets forth the general terms and conditions governing your use of The New York Center for the Prevention of heart disease (thenyheartcenter.com) currently located at URL www.thenyheartcenter.com and the products and services available on the Site. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE THENYHEARTCENTER.COM) SERVICES. As used in this Agreement "we", "us", or "our" refers to THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM).

THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM) RESERVES THE RIGHT TO MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATION SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED AGREEMENT OR NOTIFYING YOU. YOU AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF ANY MODIFICATIONS. YOUR CONTINUED ACCESS OR USE OF THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM) SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

2. GENERAL INFORMATION; NO MEDICAL ADVICE

THE CONTENT CONTAINED IN THIS SITE, INCLUDING BUT NOT LIMITED TO, TEXT, GRAPHICS, IMAGES, INFORMATION OBTAINED FROM LICENSORS, LINKS AND OTHER MATERIAL ("CONTENT"), IS INTENDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY.

THE CONTENT OF THIS SITE SHOULD NOT BE CONSIDERED MEDICAL OR HEALTH CARE ADVICE. NOTHING ON THIS SITE IS INTENDED TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT OR TO SUGGEST A COURSE OF TREATMENT FOR A PARTICULAR INDIVIDUAL. THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF SOMETHING YOU'VE READ ON THE SITE. THE INFORMATION SHOULD NOT BE USED IN PLACE OF A VISIT, CALL, CONSULTATION OR THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER.

INFORMATION OBTAINED IN THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM) IS NOT EXHAUSTIVE, SHOULD NOT BE CONSIDERED COMPLETE AND DOES NOT COVER ALL DISEASES, AILMENTS, PHYSICAL CONDITIONS OR THEIR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR MEDICAL CONDITION.

The Content contained in The New York Center for the Prevention of heart disease (thenyheartcenter.com) is compiled from a variety of sources ("Information Providers"). Neither THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM) nor Information Providers directly or indirectly practice medicine or dispense medical services as part of The New York Center for the Prevention of heart disease (thenyheartcenter.com).

3. PERSONAL AND NONCOMMERCIAL USE

The Site is for your personal and noncommercial use. As a condition to your continued use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.

4. RIGHT TO USE

We hereby grant you the right to view and use this Site subject to the terms and conditions of this Agreement. We reserve the right to add new features to the site and remove current features from the site without notice. You may download and/or print a copy of information provided in this Service for Your personal use only in a manner consistent with Section 16 (Copyright) below.

5. DISCLAIMER; NO WARRANTIES

The New York Center for the Prevention of heart disease (thenyheartcenter.com) is provided "AS IS" and "AS AVAILABLE" without warranty of any kind, either express or implied, including but not limited to, warranties of merchantability, fitness for a particular use or purpose, title, infringement, accuracy, reliability, completeness, timeliness, usefulness, adequacy or suitability of the Content. THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM) and Information Providers cannot and do not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data or inability to access data. THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM) and Information Providers do not warrant or guarantee that the functions or services performed in The New York Center for the Prevention of heart disease (thenyheartcenter.com) will be uninterrupted or error-free or that defects in The New York Center for the Prevention of heart disease (thenyheartcenter.com) will be corrected. Users of The New York Center for the Prevention of heart disease (thenyheartcenter.com) are responsible for (a) implementing and maintaining adequate procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output and (b) maintaining a means external to THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM) for the reconstruction of any lost data.

You acknowledge that, in connection with the Site, information will be transmitted over local exchange, interexchange and internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control of THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM). Accordingly, THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM) assumes no liability for or related to the delay, failure, interruption, interception or corruption of any data or other information transmitted in connection with the Site. THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM) and Information Providers cannot and do not guarantee or warrant that files available for downloading from this Site will be free of infection by viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties.

THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM) and the Site do not assume any liability for any of the Content on the Site. Reliance on any information presented on the Site is at your own risk. THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM) reserves the right to change or discontinue any aspect or feature of the Site at any time.

6. LINKS

You are encouraged to use discretion while browsing the Internet on searches initiated at The New York Center for the Prevention of heart disease (thenyheartcenter.com). The New York Center for the Prevention of heart disease (thenyheartcenter.com) links may lead unintentionally to sites containing information that some people may find inappropriate or offensive. It also may lead to sites that contain inaccurate information, false or misleading advertising or information that violates copyright, libel or defamation laws. THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM) and Information Providers make no representations concerning any effort to review all of the content of sites for which links are provided on the Site. THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM) does not in anyway operate, control or endorse any information, products or services provided by third parties through the Internet. The inclusion of any link to the Site does not imply an endorsement by The New York Center for the Prevention of heart disease (thenyheartcenter.com) or THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM), but is for your reference and convenience only.

7. REVIEW OF POSTINGS AND UPLOADS

THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM) does not and cannot review all communications and materials posted or uploaded to The New York Center for the Prevention of heart disease (thenyheartcenter.com) and is not responsible for the content of these communications and materials. However, THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM) reserves the right to remove or block communications or materials that it determines, in its sole discretion, to be (a) abusive, libelous, defamatory or obscene, (b) fraudulent, deceptive or misleading, (c) in violation of a copyright or trademark or other intellectual property right of another, or (d) offensive or otherwise unacceptable to THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM). ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION.

8. USER'S AGREEMENT

You agree to: (a) maintain all equipment required for your access to and use of The New York Center for the Prevention of heart disease (thenyheartcenter.com); (b) maintain the security of your user identification, password and other confidential information relating to your The New York Center for the Prevention of heart disease (thenyheartcenter.com) account; (c) not introduce onto the Site or to users of the Site computer viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties; and (d) be responsible for all charges resulting from use of your The New York Center for the Prevention of heart disease (thenyheartcenter.com) account, including unauthorized use prior to your notifying THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM) of such use and taking steps to prevent its further occurrence by changing your password.

10. COMMUNITY USAGE RULES

Your participation in on-line communications occurs in real time and is not edited, censored or otherwise controlled by THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM). THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM) cannot and does not screen content provided by you (or other members) to THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM). Notwithstanding the foregoing, THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM) reserves the right to monitor content on The New York Center for the Prevention of heart disease (thenyheartcenter.com) and to remove content that THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM), in its sole discretion, determines to be commercial, inappropriate, harmful, offensive or otherwise in violation of this Agreement or THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM)'s operating policies for users of The New York Center for the Prevention of heart disease (thenyheartcenter.com).

As a registered member, you may send and receive electronic mail or e-mail to other members, engage in live events and unmoderated chats and otherwise use THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM) as permitted by this Agreement, THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM)'s operating policies and applicable law. Public messages that you send and your activity in live events and chats are subject to review, modification and deletion without notice by THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM) or the community manager responsible for the Site area where your activity takes place (or by an individual designated by THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM) or such community manager for such purpose). THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM)'s operating policies relating to online conduct, storage and deletion of e-mail and live events, discussion boards ("DBSs") and other matters are available and/or will be made available online. THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM) reserves the right in its sole discretion to change such policies at any time.

You are responsible for your communications and your use of The New York Center for the Prevention of heart disease (thenyheartcenter.com). You may not, under any circumstances, do any of the following: (a) post or transmit any message that is libelous or defamatory; (b) post or transmit any message, data, image or program that is indecent, obscene or pornographic; (c) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted materials, trade secrets or other confidential proprietary information and trademarks or service marks used in an infringing fashion; (d) use The New York Center for the Prevention of heart disease (thenyheartcenter.com) to threaten, harass, stalk, abuse or otherwise violate the legal rights (including rights of privacy and publicity) of others; (e) intercept or attempt to intercept e-mail or other private communications not intended for you; (f) send e-mail to members for any purpose other than personal communication, including to advertise or offer, on an unsolicited basis, to sell goods or services to other members or use as a mass unsolicited distribution medium to communicate a generally unsolicited message; (g) upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights to such files or have received all necessary consents; (h) upload files that contain viruses, worms, Trojan horses, corrupted data or other code that manifest contaminating or destructive properties; (i) use The New York Center for the Prevention of heart disease (thenyheartcenter.com) in a manner that adversely affects the availability of its resources to other users; (j) falsely purport to be an employee or agent of THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM); (k) cause disruptive incidents; or (l) act, or fail to act, in your use of The New York Center for the Prevention of heart disease (thenyheartcenter.com), in a manner that is contrary to applicable law or regulation. In addition, you may not post or transmit any message that is harmful, threatening, abusive or hateful. It is not the intent of THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM) to discourage members from taking controversial positions or expressing vigorously what may be unpopular views in The New York Center for the Prevention of heart disease (thenyheartcenter.com). Nonetheless, THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM) reserves the right to take such action as it deems appropriate in cases where The New York Center for the Prevention of heart disease (thenyheartcenter.com) is used to disseminate statements that are deeply and widely offensive and/or harmful. Each time you upload a file on The New York Center for the Prevention of heart disease (thenyheartcenter.com), you represent and warrant that you own or otherwise control the rights or have the necessary consents to do so. Your failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability.

11. PRIVACY POLICY

THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM) considers its users' privacy to be of the utmost importance. Please see our Privacy Policy for a detailed description of our information gathering and dissemination practices for the THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM) Web site. You agree to be bound by the Privacy Policy.

12. OPERATION

THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM) reserves complete and sole discretion with respect to the operation of The New York Center for the Prevention of heart disease (thenyheartcenter.com). THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM) may, among other things: (a) delete e-mail if it has not been accessed by a member within the time established by THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM)'s policies; (b) subject to the Privacy Policy, make available to third parties information relating to THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM) and aggregate information about members; and (c) withdraw, suspend or discontinue any functionality or feature of The New York Center for the Prevention of heart disease (thenyheartcenter.com).

THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM) may, in its complete and sole discretion, review live events, DBSs and chats, and authorize restrictions on access thereto. THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM) will not review the contents of e-mail except as required or allowed by applicable law or legal process.

13. USER REPRESENTATIONS

You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use The New York Center for the Prevention of heart disease (thenyheartcenter.com) in accordance with this Agreement. You agree to be financially responsible for your use of The New York Center for the Prevention of heart disease (thenyheartcenter.com) (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.

14. CONTENT

Statements made in the Site, discussion boards, e-mail, live events and chats reflect only the views of their authors. Community managers, live event moderators or physicians appearing on The New York Center for the Prevention of heart disease (thenyheartcenter.com) are not authorized THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM) spokespersons, and their views do not necessarily reflect those of THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM).

15. COPYRIGHT

All the Content comprising this Site, including but not limited to, all the graphs, graphics, photographs, texts, sounds, data, audio and video clips available on this Site, is the property of THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM) or its licensors or content suppliers, and is protected by U.S. and international copyright laws. The compilation, collection, selection, arrangement, assembly and coordination of all content available on this Site is the exclusive property of THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM) and protected by U.S. and international copyright laws.

Information received through this Site may be displayed, reformatted and printed for your personal, non-commercial use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the information received through this Site to anyone. Any copy made of information obtained through this Site must include the copyright notice.

"The New York Center for the Prevention of heart disease (thenyheartcenter.com)" are trademarks of THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM) and are protected by state and federal laws. Your unauthorized use of trademarks appearing on this Site may constitute a violation of law, which could subject you to substantial civil penalties.

16. LICENSES AND IDEA SUBMISSIONS

You agree to grant to THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM) a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of The New York Center for the Prevention of heart disease (thenyheartcenter.com) (such as DBSs, Patient Stories, live events and chat rooms) by all means and in any media now known or hereafter developed. You hereby waive your moral rights in any such materials and information, and you hereby warrant that any such materials and information are original with you, or that you have the right to submit such materials and information. You agree that you shall have no recourse against THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM) for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.

17. INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM), ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING INFRINGEMENT OF ANY THIRD PARTY'S U.S. AND/OR WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SITE USING YOUR SERVICE ACCOUNT.

18. WAIVER, RELEASE AND LIMITATION OF LIABILITY

YOU AGREE THAT NEITHER THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM), NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM). YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM), ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM).

NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL COLLECTIVE LIABILITY OF THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM), ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID DURING ONE (1) CALENDAR YEAR BY THE USER FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, INCLUDING BUT NOT LIMITED TO, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION ARISING FROM ANY USE OF OR INABILITY TO USE ANY CONTENT OR OTHER PARTS OF THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM), ARE HEREBY EXCLUDED EVEN IF THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM), ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

19. THIRD PARTY RIGHTS

The provisions of paragraphs 18 (Indemnification) and 19 (Waiver, Release and Limitation of Liability) are for the benefit THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM) and its officers, directors, employees, agents, licensors, suppliers and Information Providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

20. TERM; TERMINATION

Either you or THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM) may terminate your right to use The New York Center for the Prevention of heart disease (thenyheartcenter.com) at any time, with or without cause, upon notice. THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM) also reserves the right to terminate or suspend your THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM) membership without prior notice, but THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM) will confirm such termination or suspension by subsequent notice. The provisions of paragraphs 15 (Copyright), 16 (Licenses and Idea Submissions), 17 (Indemnification), 18 (Waiver, Release and Limitation of Liability), 19 (Third Party Rights), and 21 (Miscellaneous) shall survive any termination of this Agreement.

22. MISCELLANEOUS

This Agreement shall be governed by and construed in accordance with the laws of the State of New York. You agree that any legal action or proceeding between you and THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM) for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York. Any cause of action or claim you may have with respect to THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM) must be commenced within one (1) year after the claim or cause of action arises. THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM)'s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.

THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM) may assign its rights and obligations under this Agreement to any party at any time without notice to you and upon such assignment THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM) shall be relieved of any further obligation hereunder.

THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM) reserves the right to charge or change fees, surcharges and/or membership fees at any time upon thirty (30) days prior written notice to you.

23. NOTICE

THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM) may deliver notice to you under this Agreement by means of electronic mail (to the most recent e-mail address provided by you at the time of registration or modification of your profile), a general notice on THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM), or by written communication delivered by first class U.S. mail to your address on record in THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM)'s account information. You may give notice to THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM) at any time via electronic mail to THE NEW YORK CENTER FOR THE PREVENTION OF HEART DISEASE (THENYHEARTCENTER.COM).

24. SEVERABILITY

The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof.