Terms of Use

Eligibility to Use the Service

By agreeing to these Terms, you represent and warrant that you meet the following eligibility criteria:

• You are an individual who is eighteen (18) years of age or older.
• You are in the 50 United States, the District of Columbia, or the US territory of Puerto Rico.

If you do not meet the eligibility requirements above, you may not use the Services.

Use of Service

The Services and all content available therein are protected by copyright law. Subject to these Terms, we grant you a license to access and reproduce the Site solely to use the Services for your personal purposes. We also grant you a non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal purposes.
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The rights and licenses granted to you in these Terms are subject to the following restrictions. You may not provide access to or use the Services or content therein for the benefit of third parties or make commercial use of the Services or related content. Use of and access to the Services is void where prohibited. You shall not (a) license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services; (b) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (c) use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (d) remove, destroy, frame or utilize framing techniques to enclose any copyright notices, trademark, logo, or other proprietary markings contained on or in the Services; or (e) use any metatags or other “hidden text” using our name or trademarks. The Services may not be used for any purpose that is in competition with or adverse to Care for Hearts. Except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to the Services shall be subject to the Terms. We reserve all rights not granted in these Terms. Any unauthorized use of the Services terminates the licenses granted in these Terms.
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By accessing and using the Services, you represent and warrant that (a) any and all information you submit on or through the Site or via email to us is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services will comply with and does not violate any applicable law, regulation, order, or guideline.
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The Site does not perform any diagnosis, nor does it offer any medical treatment or advice. If you are experiencing a medical emergency call “911” immediately. PERSONS USING THE SERVICES ASSUME FULL RESPONSIBILITY FOR THE USE OF THE SERVICES AND AGREE THAT CARE FOR HEARTS IS NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS, OR DAMAGE ARISING FROM THE USE OF THE SERVICES. The information provided via the Services may not always be accurate, up-to-date, or relevant to you and should be viewed as informational only.

You agree that your use of the Services shall conform to these Terms. You shall not (and shall not permit any third party) either (a) take any action in relation to the Services that, or (b) make available any content on or through the Services that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes without our prior written consent; (v) impersonates any person or entity, including any employee or representative of Care for Hearts; (vi) interferes with or attempts to interfere with the proper functioning of the Services or uses the Services in any way not expressly permitted by these Terms; or (vii) attempts to engage in or engages in, any potentially harmful acts that are directed against the Services, including but not limited to violating or attempting to violate any security features of the Services, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Services.

Your Content and Sharing Records

We don’t claim ownership of the content you provide on the Services. Your content remains your own and you have rights to your data as described in our Privacy Policy. We also don’t control, verify, or endorse the content that you and others make available on the Services. You agree that you, and not Care for Hearts, are entirely responsible for all content that you upload, post, e-mail, transmit or otherwise make available to the Services, and that other users, and not Care for Hearts, are similarly responsible for all content that they make available through the Services. You hereby grant us a fully paid-up, royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display your content (in whole or in part) for the purposes of operating and providing the Services to you and to our other users.

Care for Hearts may use de-identified and aggregated information and extract statistical data from your content or any other information provided to the Services in the manner described in our Privacy Policy. Such de-identified data, aggregate information, usage data, and statistical data is owned by Care for  Hearts. We may share such data and information needed to administer the Services with third party Business Associates (as that term is defined in Health Insurance Portability and Accountability Act). If you share information on the Services in a way that infringes others’ rights, including privacy rights, you’re breaching these Terms. You represent and warrant that you have all the rights necessary for you to grant all rights in this section (Your Content and Sharing Records) and that all use of the content and information described in this section does not violate any law.

We may remove your information or content from the Services at any time for any or no reason. You agree that we have no obligation to return data to you after you cease using the Services. If data is stored with an expiration date, you agree that we may also delete the data as of that date. Deleted data may be irretrievable.

Ownership

Except with respect to your content, between you and us, you agree that we own all rights, title and interest in the Services (including but not limited to, any computer code, themes, objects, characters, character names, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation, and software). “Care for Hearts” and all related graphics, logos, service marks and trade names used on or in connection with the Services are our trademarks and may not be used by you or any third-party without our permission.  Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners.
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Between you and us, you own any ideas, suggestions, documents, and/or proposals submitted to us through our chat function, email, or suggestion, feedback, or similar pages (“Feedback”). You agree that submission of Feedback is at your own risk and that we have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services, our business, or any other products or services that we may offer. You acknowledge and agree that you will gain no rights in any such products or services by virtue of having disclosed Feedback.

Termination of Account

You agree that Hello Heart may for any legal reason, in its sole discretion and without notice, terminate your right to access the Site or use the Services. Grounds for such termination may include, but are not limited to, the following: (i) you are ineligible to use the Services, (ii) your violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior associated with your use of the Services, (iv) behavior associated with you that is harmful to other users, third parties, or the business interests of Care for Hearts or the integrity of its systems, or (v) behavior associated with you that violates the privacy of other users or third parties. If Care for Hearts believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal or inappropriate behavior on the Site or your use of the Services. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or behavior of anyone believed to have violated these Terms or to have engaged in illegal behavior on the Site or your use of the Services.
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Any suspension, termination, or cancellation of your right to access the Site or use the Services shall not affect your obligations to Care for Hearts and its licensors under these Terms which by their sense and context are intended to survive such suspension, termination, or cancellation, including but not limited to ownership, indemnification, disclaimers, and limitation of liability. Termination of your rights includes removal of access to the Services and barring of further use of the Services. If your rights are terminated, you may not enroll in the Services again without express permission from us. Termination also includes deletion of any and all information, files, and content associated with your account.  Care for Hearts will not have any liability whatsoever to you for any suspension or termination, including for deletion of your content or information.

Privacy

You explicitly consent to the use, access, disclosure, transfer and preservation of your Personal Information (as defined in Care for Hearts’ Privacy Policy ) by Care for Hearts in connection with providing the Services, including storing, processing, and disclosing the data in accordance with these Terms, Care for Hearts’ Privacy Policy, and Notice of Privacy Practices.

Care for Hearts Communications

As described in more detail below, by entering into this Agreement or using the Services, you agree to receive communications from us, including via email, text message, calls, and push notifications to the email address, phone number, or device you provided to us. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Be aware that unencrypted emails are not completely secure and some risk exists that such emails may be intercepted or read by third parties.

By checking the acceptance box, you agree to receive communications concerning health awareness, articles, and updates to the Services that may be of interest to you as well as other communications pertaining to the services provided by Care for Hearts. Care for Hearts may send up to ten (10) text messages a week. You do not have to agree to receive text in order to use our Services.  If you wish to opt out of such optional calls or texts, you can reply STOP to the text message or send a text message stating “STOP” to (650) 590-1099[5]  from the mobile device receiving the messages. After opting out of optional messages and calls, you will still receive important transactional messages. Standard text messaging charges from your cell phone carrier may apply to all text messages we send.

Breach of Personal Information

If your Personal Information is altered, destroyed, acquired, accessed, used, or disclosed in a manner not outlined by these Terms that compromises the privacy or security of the Personal Information, you agree to receive notification of this breach from Care for Hearts or its delegate via electronic mail in lieu of first-class mail. The notification may be provided in one or more electronic mailings as information becomes available. If you do not agree to receive breach information via electronic mail, you must contact Care for Hearts by email at info@careforhearts.com and withdraw your consent. You also permit Care for Hearts, to the extent your phone number is available and current, to call you and notify or update you about the breach of your Personal Information prior to and after sending electronic mail notification. To the extent it is required by applicable law, Hello Heart may report the breach of information to governmental authorities or other required third parties. To the extent it is required by applicable law, Hello Heart may report the breach of information to governmental authorities or other required third parties.

Use Restrictions

You agree that in your use of the Services you will not act in any way or make available any content that: (a) restricts or inhibits use of the Services; (b) solicits another person’s password or other Personal Information under false pretenses; (c) is or that you reasonably believe or should reasonably believe to be illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves or you reasonably believe or should reasonably believe to involve any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (d) does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. The software and technology underlying the Application is the property of Care for Hearts, and you may not harvest, collect, or mine information about other users of the Services or use or access another user’s account or password without permission. Care for Hearts can only be used for personal purposes and can’t be used by corporations for commercial use without a written consent from Care for Hearts.

Availability

Care for Hearts shall use reasonable commercial efforts to maintain the availability of the Site and Services, but does not guarantee any specific level of availability of Services. Care for Hearts will not be liable to you as a result of temporary interruptions to the SIte or Services. You acknowledge that Care for Hearts may, in its sole discretion and at any time, modify or discontinue providing Services or any part thereof without notice, and in such event, you will not be able to access your content or information that you have uploaded to the Services.

Disclaimers & Disclaimer of Warranty

You expressly understand and agree that, to the extent permitted by applicable law, your use of the Services is at your sole discretion and risk. If you are experiencing a medical emergency call “911” immediately.  The Services including the content provided therein are provided on an AS IS and AS AVAILABLE basis with all faults and without warranties of any kind from Care for Hearts. CARE FOR HEARTS EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, THE SERVICES, AND ANY CONTENT, GOODS OR SERVICES MADE AVAILABLE THROUGH CARE FOR HEARTS OR THE SERVICE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CARE FOR HEARTS DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICES; (II) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY ERRORS WILL BE CORRECTED; AND (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS RELEVANCY OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SERVICES. NO CONTENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. CARE FOR HEARTS IS NOT RESPONSIBLE FOR ANY ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR  DEATH, RESULTING FROM THE USE OF THE SERVICES, THE CONTENT THEREIN, OR THE CONDUCT OF ANY USERS OF THE SERVICES, OR ANY DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE INCLUDING LOSS OF DATA. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD US LIABLE, FOR THE CONDUCT OR CONTENT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL, LINKED SITES, AND THAT THE RISK OF INJURY  FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. We reserve the right to correct any errors, inaccuracies or omissions and to change or update CAre for Hearts content information at any time without prior notice.

Limitation of Liability

IN NO EVENT SHALL CARE FOR HEARTS OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT CARE FOR HEARTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT SHALL CARE FOR HEARTS’ CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID BY YOU TO CARE FOR HEARTS FOR USE OF THE SERVICES, OR, IF YOU HAVE NOT MADE ANY PAYMENTS TO CARE FOR HEARTS FOR THE USE OF THE SERVICES, THEN FIFTY DOLLARS ($50.00).
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THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF CARE FOR HEARTS OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS FOR (i) DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; OR FOR (ii) ANY INJURY CAUSED BY SUCH PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.

Indemnification

You agree to indemnify, defend, and hold harmless Care for Hearts and its respective employees, directors, officers, subcontractors, affiliates, and agents of each (the “Indemnified Parties”), against any and all claims, damages, losses, liabilities, costs or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone acting on your behalf; (b) your use or attempted use of (or inability to use) the Services; (c) your violation of any law or regulation; (d) your infringement or violation of any right of any third party; (d) information or content you provide to or use in connection with the Services and (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Services shall be in compliance with all applicable laws, regulations and guidelines. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. This provision does not require you to indemnify the Indemnified Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Services.

Arbitration Agreement

Please read this Arbitration Agreement carefully.  It requires you  to arbitrate disputes with Care for Hearts and limits the manner in which you can seek relief from us.
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The arbitration will be administered by National Arbitration and Mediation (“NAM”) and resolved before a single arbitrator. If NAM is not available to arbitrate, the parties will select an alternative arbitration provider.
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Except as modified by these arbitration terms, NAM will administer the arbitration in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer and the Mass Filing Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures governing or permitting class or representative actions. The applicable NAM rules and procedures are available at www.namadr.com or by emailing National Arbitration and Mediation’s Commercial Dept at commercial@namadr.com.
You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM’s Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by a party to the fees imposed by NAM does not constitute a default, waiver, or breach of this section while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.
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Any arbitration demand or counterclaim asserted by a party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based, and must include proof that the claimant is party to these Terms of Use by having registered a User Account. The arbitrator and/or NAM may require amendment of any demand or counterclaim that does not satisfy these requirements. The arbitrator has the right to impose sanctions for any claims the arbitrator determines to be frivolous or improper (under the standard set forth in Federal Rule of Civil Procedure 11), including for any claim filed on behalf of a claimant who is not party to these Terms of Use.
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The parties agree that NAM has discretion to modify the amount or timing of any administrative or arbitration fees due under NAM’s Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this section while such challenge remains pending before NAM the arbitrator, and/or a court of competent jurisdiction.
If the amount in controversy does not exceed $10,000 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you, Care for Hearts  and any applicable Arbitral Parties submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, any party may request (or the arbitrator may determine) to hold a hearing, which shall be via videoconference or telephone conference unless all parties agree otherwise.
Subject to the applicable NAM rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute.
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To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM (or another arbitration provider selected in accordance with this section if NAM is unavailable) against Care for Hearts entity and any Arbitral Party within reasonably close temporal proximity (“Mass Filing”), the parties agree (i) to administer the Mass Filing in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each batch; (iii) to accept applicable fees, including any related fee reduction determined by NAM (or another arbitration provider selected if NAM is unavailable) in its discretion; (iv) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 100 is filed, processed, and adjudicated; (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by Care for Hearts and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (vi) that the staged process of batched proceedings, with each set including 100 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved. Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection, and the arbitrator will determine the location where the proceedings will be conducted. You agree to cooperate in good faith with Care for Hearts, applicable Arbitral Parties, and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by NAM. This “Batch Arbitration” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind. Unless Care for Hearts and any applicable Arbitral Party otherwise consent in writing, Care for Hearts and any applicable Arbitral Party do not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth herein. If your demand for arbitration is included in the Mass Filing, any statute of limitation applicable to your claims will remain tolled until your demand for arbitration is decided, withdrawn, or is settled.
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The arbitrator will render an award within the time frame specified in the applicable NAM rules and procedures. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum's rules, and these Arbitration Terms. The parties agree that the damages and/or other relief must be consistent with this section and also must be consistent with the terms of the “Limitation of Liability” section of these Terms of Use as to the types and the amounts of damages or other relief for which a party may be held liable. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Attorneys' fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration.

If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect and any related dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of Delaware.  All other disputes, claims, or requests for relief shall be arbitrated.

Changes to this Section

Care for Hearts will provide 30 days’ notice of the date of any material changes to these arbitration terms.. Changes will become effective on the 30th day and apply to all claims not yet filed. If you continue to use the Services after the 30th day, you agree that any unfiled claims of which Care for Hearts does not have actual notice are subject to the revised arbitration terms. If you do not agree to such changes, you may opt out by providing notice as described herein.
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If you reject any such changes by opting out of the arbitration terms, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the arbitration terms will not apply to claims not yet filed. If Care for Heart changes these arbitration terms after the date you first accepted these arbitration terms (or accepted any subsequent changes to these arbitration terms), you agree that your continued use of the Services 30 days after such change will be deemed acceptance of those changes. If you do not agree to such changes, you may opt out by providing notice as described herein.

Waiver of Jury Trial. YOU AND CARE FOR HEARTS HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.  You and we are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, unless otherwise prohibited by law.  An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would.  However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: info@careforhearts.com, within thirty (30) days after first becoming subject to this Arbitration Agreement.  Your notice must include your name and address, the email address (if you have one), date of birth, and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you.  Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Care for Hearts.
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Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Hello Heart at the following address: info@careforhearts.com.

Third-Party Services

We use various third-party vendors to supply functionalities that enable us to provide you with the Services (each a “Third Party Service Provider”).  By using these functionalities, you agree to be bound by the applicable Third Party Service Provider’s Privacy Policy and Terms of Service and hereby consent and authorize Care for Hearts and the applicable Third Party Service Provider to share any information and instructions you provide with one or more Third Party Service Provider(s) to the minimum extent required to complete your use of that functionality. A list of our Third Party Service Providers is available at Third Party Services.

The Service may contain links to third-party websites (“Third-Party Websites”), and applications (“Third-Party Applications”).  When you select a link to a Third-Party Website or Third-Party Application, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Third-Party Applications are not under the control of Care for Hearts. We are not responsible for any Third-Party Websites or Third-Party Applications. We provide these Third-Party Websites and Third-Party Applications only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or any content, product, or service provided in connection therewith.  You use all links in Third-Party Websites, and Third-Party Applications at your own risk. When you leave our Site, this Agreement and our policies no longer govern.  You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

Miscellaneous

The failure of Care for Hearts to exercise or enforce any right conferred upon it hereunder shall not be deemed to be a waiver of any such right, or operate to bar the exercise or performance thereof at any time or times thereafter. A waiver of any right hereunder at any given time shall not be deemed a waiver thereof for any other time.

If any provision of these Terms is held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, such terms shall be interpreted and enforced to the fullest extent permitted by law. The remaining portion of these Terms not declared illegal, invalid or unenforceable shall, in any event, remain valid and effective while these Terms are in force.

A Spanish translation of these Terms is available for convenience only. Any inconsistency or conflict between the translations is unintentional and in the event of such divergence the English translation shall control.

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

These Terms shall be interpreted in accordance with the laws of the State of Delaware, USA. You agree that any excepted claims from  the Arbitration Agreement or equitable action arising out of or related in any respect to these Terms shall be brought exclusively in the competent courts of the State of Delaware.

These Terms are the final, complete and exclusive agreement of the parties hereto with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

Notice

You consent to receive communications from Care for Hearts in an electronic form. You agree that all terms and conditions, agreements, notices, disclosures, and other communications that Care for Hearts provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. Where we require that you provide an e-mail address, you are responsible for providing your most current e-mail address and for keeping such email address up to date.

All notices required or permitted hereunder to us shall be in writing, and either delivered by certified mail, return receipt requested, or by nationally recognized overnight delivery service to the address first set forth above or by email to Hello Heart, at info@careforhearts.com. All notices required or permitted hereunder to you shall be in writing and delivered via email to the last email address which you have provided. A notice shall be effective from the date of personal delivery or upon receipt if sent by certified mail, and upon the date of sending if sent by email. In the event that the last e-mail address you provided to us is not valid, or for any reason is not capable of delivering to you any notices required or permitted by these Terms, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice.