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TERMS OF USE

The American Heart Association ("AHA") offers the Precision Medicine Platform ("AHA-PMP") for the purpose of allowing researchers to access and use certain data that has been provided by AHA and third-party data contributors ("Data Contributors") and housed on the AHA-PMP for scientific research purposes. The terms set forth below ( "Terms of Use"), together with any related documents and approvals expressly incorporated into these terms by reference, including any additional terms that may apply from the Data Contributor, constitute a binding legal agreement between you and AHA.

By accessing and using the AHA-PMP, you agree to be bound by the Terms of Use.

Acknowledgement of Proprietary Rights

All information provided to you, including but not limited to, the data, content, documentation, code, and related materials on the AHA-PMP ("Information"), is under the care, custody and control of the AHA, which is the owner or licensee thereof, and constitutes confidential and proprietary information.

Terms of Use

You agree, on behalf of yourself and the institution or organization you represent,

  1. to use the AHA-PMP in compliance with applicable laws and regulations;
  2. to use the AHA-PMP and Information in compliance with AHA's Privacy Policy available here
  3. not to use the Information except as specifically stated in your approved access ("Purpose");
  4. to maintain Information in strict confidence;
  5. not to disclose, duplicate, or otherwise reproduce, directly or indirectly, the Information in whole or in part, except as provided herein and by the Data Contributor;
  6. not to copy, translate, modify, adapt, enhance, decompile, disassemble or reverse engineer the Information
  7. that your use will not contain or introduce any virus, malware, spyware, or any obscene, illegal, defamatory, infringing, hateful or other content deemed by AHA in its sole discretion to be inappropriate;
  8. to allow access to the Information only to persons in your employ or control, directly involved in the approved use of the Information with a need to know and who have agreed to these Terms of Use requirements, or as otherwise authorized in writing by the AHA and the Data Contributor; and
  9. to use industry-standard measures to appropriately secure the Information and access thereto.

Additional terms may apply, depending on the data set you choose from the AHA-PMP.

You agree to be bound by any additional terms of use required by an individual Data Contributor.

Users are prohibited from installing unapproved software onto the system. For avoidance of doubt, unapproved software installations may include, for example, software with unknown or suspect pedigrees or software that AHA considers in its sole discretion to be potentially malicious. In addition, AHA prohibits the use of peer-to-peer file sharing technology that enables unauthorized distribution, display, performance, or reproduction of copyrighted work. Only AHA personnel or its designees are authorized to load software within the AHA-PMP.

You are prohibited from installing unapproved software onto the system. No software will be deemed approved unless you have obtained express written authorization from AHA. You may request such authorization by contacting the AHA Operation Center at PMP_Admin@precision.heart.org. For avoidance of doubt, unapproved software installations may include, for example, software with unknown or suspect pedigrees or software that AHA considers in its sole discretion to be potentially malicious. In addition, AHA prohibits the use of peer-to-peer file sharing technology that enables unauthorized distribution, display, performance, or reproduction of copyrighted work. Only AHA personnel or its designees are authorized to load software within the AHA-PMP.

You must report all security or similar incidents (e.g., lost password, denial of service, improper or suspicious acts) to the AHA Operation Center at PMP_Admin@precision.heart.org.

License

Subject to your compliance with the Terms of Use, AHA grants to you a limited, revocable, non-exclusive, royalty-free, non-transferable, non-sublicensable license to access the Information for the Purpose.

Payment

To obtain AHA-PMP access and use, you agree to pay the applicable amounts owed and authorize AHA or its vendors to process payments or apply credits in accordance with their policies by one of the means made available for such purpose. Payments are non-refundable. You authorize the charging of subsequent payments to the payment method you use to make initial or prior payments. You are responsible for monitoring your use and access of the AHA-PMP and associated charges that you incur. In addition to AHA exercising its legal rights to enforcement your payment obligations, AHA remedies in the event of nonpayment will include the right to suspend or terminate your AHA-PMP access, and you agree that AHA and its vendors and affiliates shall have no liability related to the exercise of these remedies.

Right to Limit

Your use of AHA-PMP may be subject to certain limitations. These limitations are designed to manage load on the system, promote equitable access, and prevent abuse. If AHA reasonably believes that you have attempted to exceed or circumvent these limits, your ability to use AHA-PMP may be temporarily or permanently restricted. AHA will monitor your use of AHA-PMP to improve the service or to ensure compliance with this Terms of Use.

Your level of access to the AHA-PMP is designed to ensure no more than that which is necessary for the Purpose. If you believe you are being granted access that you should not have, or do not have access you believed you should have, you must immediately notify the AHA Operations Center PMP_Admin@precision.heart.org

Changes

You agree that AHA has the right, at its sole discretion, to modify or replace the Terms of Use. Your continued use of or access to AHA-PMP following posting of any changes to this Terms of Use constitutes acceptance of those modified terms. New services or features offered through AHA-PMP shall be subject to the Terms of Use then in effect.

Disclaimer of Warranties

The AHA-PMP is provided on an "as is" and "as-available" basis. While AHA strives to make the AHA-PMP available and functional, AHA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AHA MAKES NO WARRANTY THAT INFORMATION WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED.

Liability

IN NO EVENT WILL AHA, ITS VENDORS, OR THE DATA CONTRIBUTORS BE LIABLE IN ANY MANNER WITH RESPECT TO THE AHA-PMP OR ANY SUBJECT MATTER ARISING FROM THESE TERMS OF USE, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (1) ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES; OR (3) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA.

You agree to indemnify and hold harmless AHA, its vendors, and the Data Contributor whose data you access, and their officers, directors, regents, trustees, employees, contractors, and agents, from and against any liability, loss or damage they may suffer as a result of claims, demands, costs or judgments against them arising out of or related in any way to your use of the AHA-PMP and Information.

Attribution

When using Information, you agree to include an acknowledgement of AHA and the Data Contributor. An example acknowledgement is provided below:

Data provided by [Data Contributor(s)] through the American Heart Association Precision Cardiovascular Medicine Platform (https://precision.heart.org/)

Data Contributors may require a different acknowledgement and you agree to acknowledge the Data Contributor in the form required.

No Waiver Rights

AHA's failure to exercise or enforce any right or provision of this Terms of Use shall not constitute waiver of such right or provision.

Service Termination

If you wish to terminate use of the AHA-PMP, you may do so by refraining from further use of AHA-PMP. You are responsible for any charges incurred up to termination. AHA reserves the right to refuse to provide the AHA-PMP to you if AHA determines in its sole discretion that you have violated these Terms of Use or any applicable law. AHA also reserves the right to stop providing AHA-PMP at any time for any reason in its sole discretion. All provisions of these Terms of Use, which by their nature should survive termination, shall survive termination including warranty disclaimers and limitations of liability.

Applicable Law

Your access to the AHA-PMP and the Information provided, is governed by, and subject to, all applicable state and federal laws of the United States, including those pertaining to personal data security and privacy. Your access to the AHA-PMP constitutes your consent to the retrieval and disclosure of the information within the scope of your authorized access, subject to applicable law.

THESE TERMS OF USE, AND YOUR USE AND ACCESS OF THE AHA-PMP, ARE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO ITS CONFLICT OF LAWS RULES. JURISDICTION AND VENUE FOR ANY CAUSE OF ACTION ARISING UNDER THESE TERMS OF USE SHALL BE IN DALLAS COUNTY, DALLAS, TEXAS, THOUGH ADDITIONAL JURISDICTIONS MAY BE MANDATORY BASED ON APPLICABLE DATA BREACH LAWS.

The AHA-PMP (including any linked sites) may be accessed from the United States, as well as from other countries around the world. AHA makes no representation that the AHA-PMP is appropriate or available for use in locations outside the United States. You agree to comply with any additional requirements of the country where you are accessing the AHA-PMP and not to access the AHA-PMP from any country or jurisdiction where its content is illegal or prohibited. You must obtain express, written consent of any Data Contributors outside your country of residence before accessing that Data Contributor's data. If you choose to access the AHA-PMP from outside the United States, you do so on your own initiative and you are responsible for compliance with any applicable laws of the country outside the United States in addition to those that are applicable within the United States.